Legal Talk Network: Recent Episodes
Legal Talk Network
Legal Talk Network is the premier resource for Legal Podcasts. Listen to your favorite shows by Attorneys, Paralegals, E-Discovery Experts and other professionals in Law.
Matthew Dixon, co-founder of DCM Insights, is a researcher who’s spent the bulk of his career looking into the shared characteristics and behaviors of successful B2B salespeople. In 2011, he released a study called “The Challenger Sale.” when giving a keynote on his findings at an annual partner retreat, when an audience member stood up and challenged him.“He said, ‘Dr. Dixon, you’ve been talking now for 45 minutes about sales effectiveness and salespeople and selling and sales process, and it’s all very fascinating and I’m sure our clients would be very interested in this,’” Dixon recounts to the ABA Journal’s Lee Rawles in this episode of The Modern Law Library. “‘And after all, we do a lot of consulting work around go-to-market strategy. But what maybe you don’t recognize is that we are partners at our firm. We are not salespeople. In fact, there’s not a single salesperson in this audience. I might go so far as to say we don’t sell anything here.’”Dixon was taken aback. “What I realized was this world of partnerships, of professional services, of doer-sellers is actually quite a bit different from the world of sales and what we had written and all this research we’d done over the years.”In 2022, he tackled this population with the Rainmaker Genome Project, a study that became the basis for The Activator Advantage: What Today’s Rainmakers Do Differently, co-written by Dixon, Rory Channer, Karen Freeman and Ted McKenna.The Rainmaker Genome Project surveyed 3,000 partner-level professionals in 41 firms from the fields of law, public relations, accounting and investment banking. About 39% of respondents were lawyers. Each received a score for their effectiveness in business development and were analyzed for how they provided client services. And it turns out that partner was correct: What makes a lawyer an effective rainmaker is not necessarily what makes a salesperson an effective seller.After doing a vector analysis on the data, “what we found was that every one of those 3000 professionals could be placed into one of five business development profiles,” says Dixon. The five profiles were the expert, the confidant, the debater, the challenger and the activator.Dixon stresses that the five categories are not about your personality. While personalities are immutable, behaviors can be changed.“These are about the things that we can all learn to be better at,” says Dixon. “It’s about the way we spend our time, it’s about the way we engage our clients, it’s about how we use resources, about how we collaborate with our colleagues, and those are things we can all get better at with the right training, coaching and support from our firms.” In this episode, Dixon expands on each type, but the most effective performers in terms of business development were found to be the activators.
Law firms acquire or merge with one another all the time. But when it comes to technology companies, firms usually keep it in-house or enter into a partnership with an outside vendor. They rarely go ahead and just buy a tech company. So when Cleary Gottlieb Steen & Hamilton announced in March that it had acquired artificial intelligence products developers Springbok AI, it made headlines.
For nearly 30 years, Richard Susskind has written books asking lawyers to envision the future of the law and the legal profession in ways that stretch the imagination. Susskind has been one of the foremost proponents of the transformative potential of technology in legal services. Now, he's asking us to imagine larger transformation still: a world in which AI reigns and humanity faces being sidelined. Susskind was an early and enthusiastic booster of the development of artificial intelligence, he tells the ABA Journal's Lee Rawles in this episode of the Modern Law Library. He first became enamored of its potential as a law student in the 1980s, and wrote his doctorate at the University of Oxford on AI and the law in 1986. But the speed and direction of recent advances have given him pause. Will AI be a tool for humanity, or its destruction? In his new book, How to Think About AI: A Guide for the Perplexed, he hopes to help the layperson navigate the issues raised by artificial intelligence, and provoke a global discussion about the ethical and legal implications. Technology is too important to be left only to the technologists, he says. While most people are able to see the promise of AI for professions other than their own, Susskind sees a phenomenon he calls "not-us thinking" when most people are asked if their own work could be taken over by an AI system. Lawyers should be careful not to overestimate clients' attachment to having a human lawyer if their goal is simply to avoid legal pitfalls and they can rely on an AI system to accomplish that. In this episode, Susskind discusses the promise of AI for increasing access to justice, and talks about some of the ethical decisions that will have to be made with Rawles, who is more of an AI skeptic.
Execution by lethal injection is seen by many Americans as a less barbaric alternative than older methods like hanging, firing squads and electrocution. It is easy to assume that the process must resemble euthanasia procedures for terminally ill people or pets. The reality is very different, says Corinna Barrett Lain, a law professor and death penalty expert.Lain didn’t initially intend to make the death penalty her primary area of study, she tells the ABA Journal’s Lee Rawles in this episode of the Modern Law Library. A former prosecutor in Virginia, Lain did not begin her work out of opposition to the death penalty. But the more she discovered about the realities of the administration of lethal injections, the more she was compelled to demystify the process.In Secrets of the Killing State: The Untold Story of Lethal Injection, Lain upends a lot of conventional wisdom about lethal injections. For example, the three-drug protocol used by most states was not a drug cocktail arrived at through scientific research. Rather, in 1977, after the U.S. Supreme Court allowed executions to resume after a 10-year hiatus, Oklahoma medical examiner Dr. Jay Chapman was asked by a state legislator to come up with an alternative to the state’s rickety electric chair. Though Chapman admitted he was “an expert in dead bodies but not an expert in getting them that way,” he proposed combining sodium thiopental, pancuronium bromide and potassium chloride. “You wanted to make sure the prisoner was dead at the end, so why not add a third drug,” the book quotes Chapman as saying. “Why does it matter why I chose it?” In contrast, an overdose of a single drug, pentobarbital, is what is commonly used by veterinarians in animal euthanasia.“Lethal injection is not based on science,” Lain writes. “It is based on the illusion of science, the assumption of science.”In this episode, Lain and Rawles also discuss botched executions, shady sources used by states to procure the drugs used for lethal injections, and how Lain’s scholarship has impacted her views of capital punishment as a whole.
"May you live in interesting times." For immigration lawyers, that old proverb is now a reality. Ever since the start of the second Trump administration, immigration lawyers have been busier than ever, and they have plenty on their plates.
Jorge Goldstein entered the fields of science and law at a time of immense change for them both. In the 1970s, huge strides were being made in biogenetics and microbiology, and in the 1980s, the intellectual property community was being asked to answer some giant questions they raised, like: How can you describe life, legally? Can a living being be patented? Who owns the material from your body?The 45 years since the groundbreaking 1980 case of Diamond v. Chakrabarty, in which the U.S. Supreme Court decided that living organisms could be patented, have been an intensely busy time for microbiologists, biochemists, genetic researchers, and the patent lawyers who serve them. Goldstein, who holds a PhD in chemistry from Harvard University and a JD from George Washington University Law School, has been on hand to witness and help shape many of the resulting debates.In Patenting Life: Tales from the Front Lines of Intellectual Property and the New Biology, Goldstein weaves stories from his own life and practice with the fascinating histories behind some well known medications, lesser known scientists, and groundbreaking court cases that will shape future scientific ventures. In this episode of the Modern Law Library, he and the ABA Journal’s Lee Rawles discuss the book and the fascinating career he’s had.In the book, Goldstein explains many of the scientific developments behind technologies like CRISPR in a way that lay people can understand, while offering humanizing looks at the quirky and sometimes flawed scientists who made those discoveries. Large moral and ethical questions are raised about how technologies are developed, commercialized and put into practice, and he does not shy away from the discussions. He also offers his perspective on how patent law can be improved to fund further scientific advancements while also protecting innovation.Goldstein and Rawles discuss key cases that helped shape genetic research, and some of the major changes he’s seen in legal theory over his career. They also discuss tikkun olam, a concept in Judaism about how our actions can repair and improve the world. It’s something Goldstein feels is a proper focus for science and for law, and they discuss two of the pro bono projects he has worked on with indigenous communities in which he can use patent law to protect their rights.Finally, Goldstein offers advice to young scientists and attorneys who are interested in practicing in these fields, and shares his opinion on what artificial intelligence could mean in the patent law sphere.
Peak performance in high-stress environments. It’s the goal for the basketball players taking the court during March Madness, but just as much for players on a different kind of court. Lawyers can and should learn a lot from elite athletes, says Dr. Amy Wood.In this episode of the Modern Law Library, Wood shares her insights with the ABA Journal’s Lee Rawles. Wood, a clinical psychologist, has focused her career on attorney wellness. She is the author of the new book Lawyer Like an Athlete: How to Up Your Game at Work and in Life, published by the ABA’s GPSolo Division. Wood first developed Lawyer Like an Athlete as a CLE program, sharing tips on achieving physical and mental wellness, as well as preparing lawyers to maximize their work performance.There are four characteristics Wood identifies as being shared by star athletes and star attorneys: exquisite self-care, a grounded perspective, “nourishing diversions” and thriving relationships. Without attending to those elements, she says, it’s difficult for lawyers to sustain themselves in a high-stress profession.Many lawyers enjoy extreme solo sports, like marathon running. But don’t forget about team sports. There’s much you can learn about personal performance from elite athletes, but it’s just as important to integrate lessons about team performance, Wood says. Are the people on your “team” helping you perform at your peak?Wood and Rawles also discuss the importance of striving for a “fan’s perspective”; the importance of visualization; the cycle of workouts and recovery days; and five signs that it’s time to reach out for professional assistance.
For one thing, it marks the 40th annual iteration of the show. For another, it promises to be the biggest of all time—emanating for the first time from the McCormick Place Convention Center in Chicago. Techshow co-chair Stephen Embry talks to the ABA Journal’s Victor Li about what to expect from this year’s show.
What if we are asking the wrong questions when selecting American judges? Mark Tushnet thinks our current criteria might be off.“We should look for judges who are likely to display good judgment in their rulings … and we shouldn’t care whether they have a good theory about how to interpret the Constitution as a whole—and maybe we should worry a bit if they think they have such a theory,” the Harvard Law professor writes in his new book, Who Am I to Judge? Judicial Craft Versus Constitutional Theory.In looking at what qualities were shared by great Supreme Court justices, Tushnet identified five he thinks were of especial importance:-Longevity and age-Location in political time-Prior experience in public life-NOT A JUDGE (“I put this in capital letters because it’s common today to think that justices have to have been judges,” Tushnet wrote. He doesn’t see having a past judicial career as disqualifying, but points out that many great justices were not sitting judges when appointed.)Intellectual curiosityIn this episode of The Modern Law Library, Tushnet and the ABA Journal’s Lee Rawles discuss how he thinks people should be evaluated for judicial positions; his experience as a clerk for former U.S. Supreme Court Justice Thurgood Marshall; what makes a well-crafted opinion; and why he thinks any overarching theory about the Constitution will fall short.
Should you need a license for that? For law professor and antitrust expert Rebecca Haw Allensworth, there are huge problems with professional licensing in America—and her solutions might not make anyone completely happy.In her new book, The Licensing Racket: How We Decide Who Is Allowed to Work, and Why It Goes Wrong, Allensworth takes a deep dive into the history and function of licensing in the United States. While licensing boards are put forth as a way to protect consumers, Allensworth says that in practice, their decisions can be arbitrary and their disciplinary functions flawed.In this episode of the Modern Law Library, Allensworth and the ABA Journal’s Lee Rawles chat about a range of professions that currently require licenses, from hairdressing to law and medicine. While disciplinary procedures for lawyers are not open to the public, she was able to attend a number of proceedings for health care workers accused of wrongdoing, and what she found sometimes shocked her—and even shocked some of the people responsible for making those disciplinary decisions. She shares some of those stories in the episode.The Licensing Racket argues that licensing should be done away with for many professions. For those that remain, however, Allensworth believes much more must be done by government agencies rather than allowing professions to self-police themselves through volunteers and licensing boards
It’s a well-worn saying that the law always lags behind technology. It makes sense. We all remember the old song about how a bill becomes a law and how long the whole process can take. By the time you get to the verse about a president signing something into law, technology has either evolved into something even more cutting edge or become obsolete—replaced by a newer, shinier toy.
For some people, retirement is an opportunity to kick back and finally relax. But for Roger M. Witten, it was a chance to finally tackle that book he'd been thinking about writing. With a little help from longtime friends and colleagues, Legal Briefs: The Ups and Downs of Life in the Law was born.Witten's aim was to reach a general audience and given them an idea about what a life in the law could look like outside the most well-known bounds of a criminal justice, Law & Order career. The result is a series of short, digestible anecdotes from 20 attorneys, talking about memorable cases, clients and conundrums they had. A reader could flip to any chapter in Legal Briefs and spend an enjoyable 5-10 minutes getting a snapshot from a contributor's career.Witten himself shares how he became an assistant special prosecutor for the Watergate Special Prosecution Force in the 1970s. In this episode of the Modern Law Library, he tells host Lee Rawles about defending a wise guy client code-named Ted, who nicknamed Witten "Witless" and threw a party with a banner reading "Ted - 1, FBI - 0" when they reached a successful plea agreement.Many of the contributors to the book of essays were involved in government litigation and complex corporate matters. Witten himself was one of the foremost litigators handling Foreign Corrupt Practices Act cases, and before his retirement was a senior litigation partner in WilmerHale's New York office.In this episode he also shares his perspective as a former Watergate prosecutor on current events within the federal government since the Trump Administration began, and recounts his experience with the late Sen. John McCain while defending campaign finance reforms.
A federal judge’s new book is giving readers a rare inside glimpse at how a judge determines which prisoners deserve to have their sentences overturned.In his memoir, Disrobed: An Inside Look at the Life and Work of a Federal Trial Judge, Judge Frederic Block introduced readers to his colorful life and career. In Crimes and Punishments: Entering the Mind of a Sentencing Judge, he explained the rationale judges use when deciding sentences, and the human toll it can take. And now, in A Second Chance: A Federal Judge Decides Who Deserves It, he’s shining a light on how judges consider resentencing and compassionate release.Without the passage of a key federal law in 2018, A Second Chance would not have been written. A bipartisan piece of legislation signed by President Donald Trump and supported by the ABA, the First Step Act was one of the biggest criminal justice reforms in the past decade. Among its sentencing reforms, it allows federal judges to reconsider sentences given out during tough-on-crime crackdowns, and for prisoners to petition for compassionate release.Block, who is a senior judge on the U.S. District Court for the Eastern District of New York, soon found himself asked to reconsider sentences under the First Step Act. In the book, he outlines the crimes and rehabilitations (or lack thereof) of six federal prisoners. From a former police officer who assaulted an innocent Haitian immigrant to a trio of mobsters, Block selected an array that represents the types of cases he’s being asked to consider. Later in the book, he reveals the fate of each—whether life sentences were overturned or unrepentant prisoners were returned to their cells.In this episode of the Modern Law Library, Block tells ABA Journal’s Lee Rawles how his own views on sentencing have changed since he ascended to the bench in the 1990s. In a case that made the news after A Second Chance went to press, Block overturned a sentence he gave out 27 years ago, during his second year on the bench. Block had imposed a quintuple life sentence on Walter Johnson after the man was convicted of robbery, cocaine possession and witness tampering. At 61, Johnson has now been released from prison, and Block discusses that decision in the episode.Block sees a moral imperative for all strata of the justice system to work together to address mass incarceration. In addition to calling on judges to be open-minded when considering resentencing offenders, he encourages criminal defense attorneys to go through their lists of former clients to see whether any would be eligible for relief under the First Step Act. Most importantly, Block is calling upon citizens to lobby for sentencing reforms like the First Step Act on the state level, since the legislation only applies to federal prisoners. He points out that only about 200,000 of the approximately 2 million incarcerated Americans are federal prisoners; the vast majority are overseen by state courts.Block also discusses the public response to President Joe Biden’s recent clemency decisions, and how collateral consequences have influenced his initial sentencing decisions.
It's the time of year when The Modern Law Library likes to look back on the media that we've enjoyed: our annual pop culture picks episode. This year, host Lee Rawles is joined by the ABA Journal reporters Danielle Braff and Anna Stolley Persky, and Victor Li, an assistant managing editor and host of the Legal Rebels Podcast.Naturally, their favorite books are discussed. But they also have movies, TV shows, podcasts and even Broadway musicals to recommend. From presidential histories to wicked witches, listeners will find ways to occupy the holiday season and the new year.
More money is flowing into legal tech than ever before, as several gigantic deals dominated the headlines and enlarged quite a few bank accounts. And the push for regulatory reform extended to attorney admissions—between a demand for an online bar exam and an exploration of alternative pathways to licensure, one of the longtime pillars of the legal profession could be ready to make way. That’s just a few of the topics that will be covered in this special year-in-review episode of the Legal Rebels Podcast.
Ami Cullen grew up loving horses and competing in hunter/jumper events. But when it came to her career, she decided that law would be her calling. She graduated from law school and began work with a firm in Maryland working on medical malpractice cases. Then a visit to a Colorado dude ranch changed everything. In Running Free: An Incredible Story of Love, Survival, and How 200 Horses Trapped in a Wildfire Helped One Woman Find Her Soul Cullen shares a lightly fictionalized version of the journey she’s been on for more than a decade.Just as Cullen once did, Running Free’s main character Emme Muller visits the C Lazy U Ranch in Granby, Colorado, on a girl’s trip and falls in love with the wrangling way of life. She decides to leave her life as an East Coast lawyer to work at the ranch—initially planning it as a six-month sabbatical from her career.Instead, she stays, eventually becoming head wrangler and marrying another employee at the dude ranch. But in October 2020, the East Troublesome Fire, the second-largest wildfire in Colorado history, imperiled the C Lazy U Ranch. Muller has to work with her employees and horse-loving community members to evacuate the ranch and save 200 horses from a relentless and rapidly shifting fire. That part of Running Free is also true, Cullen tells the ABA Journal’s Lee Rawles in this episode of The Modern Law Library. Now the director of equestrian operations at the C Lazy U Ranch, it was Cullen’s responsibility to save the herd of horses through two harrowing wildfire evacuations and an ice storm that sent fleeing horse trailers careening off the roads back in 2020. After the fire was out and recovery had begun, Cullen felt a compulsion to put down her experience in writing. The first attempt produced 80 pages that read like a legal brief, she tells Rawles. By fictionalizing her experiences and creating some composite characters, she was able to write Running Free, her first novel.In this episode of The Modern Law Library, Cullen discusses what it was like to decide to leave the law, what it’s like to help run a dude ranch, leadership skills she learned from working with horses, and why you’re never too old to take up equestrianship.
J. Craig Williams believes empathy is an important quality to be a trial lawyer. It’s served him in his profession, and it’s a tool he has also been using as an author trying to get into the minds of people from past eras.In How Would You Decide? 10 Famous Trials That Changed History, Book One, Williams examines cases and trials from history through the lens of a modern trial lawyer. He uses the accounts of the historical proceedings to illustrate current principles of litigation and civil rights, and explains what each can tell us about the rule of law. In this episode of The Modern Law Library, Williams tells the ABA Journal’s Lee Rawles that empathy was key in trying to understand the people involved in events like the Salem Witch trials, and figuring out how injustices could be perpetrated. He realized there were parallels to be drawn between society in late-17th century Salem and American society today.The 10 trials featured in this first volume of How Would You Decide? are:The Trial of JesusThe Salem Witch TrialsBoston Massacre TrialCivil War Tipping Point and Aftermath Trials (Dred Scott, John Brown, Plessy v. Ferguson)O.K. Corral Shootout Trial of Wyatt Earp and Doc HollidayThe Black Sox TrialThe Scopes “Monkey Trial”The Lindy Chamberlain TrialThe McMartin Preschool TrialThe O.J. Simpson Murder TrialThe case that most readers bring up when speaking with Williams is the Boston Massacre trial. Williams, who grew up in New England, says he was surprised to find during his research that there was much he hadn’t known about the case himself. Founding Father and future president John Adams was the attorney who successfully defended the British soldiers who fired into the Massachusetts crowd, an extremely risky professional and social decision. Williams and Rawles discuss Adams’s representation and what it meant for the establishment of the rule of law in the United States.Listeners might best know Williams from his Lawyer2Lawyer podcast, which he launched in 2005, making him a pioneer in legal podcasting. Since Williams was already familiar with audio production, How Would You Decide? was a natural fit for multimedia. He launched a companion website, 10FamousTrials.com, making available more of the source material he relied on to write the book. He also partnered with Legal Talk Network to release a miniseries podcast, which is currently in production. In Dispute covers one of the 10 trials each episode, featuring commentary and reenactments drawn from trial transcripts and historical documents.In this episode, Williams and Rawles discuss his research process, how he selected which trials to feature, and what might make it into Book Two. They also get into the holiday spirit by talking about The Sled, a Christmas story Williams and his wife wrote for their grandchildren.
Lawyers, especially litigators, like to say they never ask a question that they don’t already know the answer to. But there’s plenty of unknowns out there—especially when it comes to how a case might turn out or how much it will cost. Predictive judicial and law firm analytics take some of that guesswork out of the equation.
Glenn Fine's career-long crusade against corruption might have its roots in his college days. As a point guard for the Harvard basketball team, Fine had his personal best game on Dec. 16, 1978, the same day he interviewed for–and received–a Rhodes scholarship. He put up 19 points against Boston College, including eight steals, and the team nearly eeked out a win against the favored Boston players. A remarkable day.What Fine would later discover was that mobsters had bribed Boston College players to play worse to keep the game tight and not cover the point spread. Henry Hill and Jimmy Burke–later portrayed by Ray Liotta and Robert De Niro in the movie Goodfellas were part of the point-shaving scheme.Fine would later be drafted in the 10th round of the NBA draft by the San Antonio Spurs, but it was the anti-corruption law that stuck, not basketball.Fine took a job out of law school as a prosecutor in Washington, D.C., and joined the Office of the Inspector General at the Department of Justice in 1995. He would go on to serve as Inspector General at the DOJ from 2000 to 2011, then at the Department of Defense from 2015 until 2020. He was one of the five inspectors general fired by then-President Donald Trump in what the Washington Post referred to as the "slow-motion Friday night massacre of inspectors general."But what do inspectors general do? It's a question Fine wants to answer with his book, Watchdogs: Inspectors General and the Battle for Honest and Accountable Government. In this episode of the Modern Law Library, Fine and the ABA Journal's Lee Rawles discuss the function, history and importance of the position, along with ways Fine believes government oversight can be improved.As of the book's publication in 2024, there are 74 inspector general offices at the federal level, with more than 14,000 employees. As the IG for the Department of Defense, Fine oversaw the largest office, with some 1,700 employees. Inspectors general conduct independent, non-partisan oversight investigations into waste, fraud, misconduct and best practices, and deliver their reports and recommendations to Congress and the agencies involved. The IGs cannot enforce the adoption of recommendations, but their work acts as the "sunshine" for disinfection, Fine says.One major recommendation Fine makes in Watchdogs is that an inspector general be established for the U.S. Supreme Court and the federal judiciary, who could perhaps file their reports to the chief justice or the head of the Administrative Office of the U.S. Courts. Fine points to judicial ethics concerns and polls finding public trust in the Supreme Court at historic lows, and argues one way to increase public trust is through the transparency provided by an inspector general.Also in this episode, Fine offers advice for anyone considering a career in public service. Rawles and Fine discuss stories of his own investigations, including evaluating the claims of a whistleblowing scientist at the FBI laboratory and looking into how the infamous double-agent spy Robert Hanssen was able to fool his FBI superiors and pass intel to Soviets and Russians.
The first image conjured in your mind by the word “sheriff” might be the protagonist of a Wild West movie or Robin Hood’s foe, the Sheriff of Nottingham. But unless you’re a resident of Alaska, Connecticut, Hawaii and Rhode Island, there’s likely an elected law-enforcement official in your area who holds that title.In The Highest Law in the Land: How the Unchecked Power of Sheriffs Threatens Democracy, lawyer and journalist Jessica Pishko takes a deep dive into the history of this position in American life, and at a far-right movement hoping to co-opt the role of sheriff to advance extreme conservative policies.There are some 3,000 sheriffs in the United States, one per county (or county equivalent). In this episode of The Modern Law Library, Pishko and the ABA Journal's Lee Rawles discuss how the rural/urban divide impacts the demographics of sheriffs. Ninety-seven percent of the land area in the United States is considered rural, but only 20% of the people live in those rural areas. In the 2020 census, Greene County, Alabama, had 7,730 residents and one sheriff. Cook County, Illinois, which contains the city of Chicago, had 5,275,541 residents and one sheriff. This leads to a larger proportion of sheriffs representing a rural and more conservative demographic, Pishko says.Pishko explains the “constitutional sheriff” movement, including its similarities to other fringe movements like the sovereign citizens. Adherents claim that sheriffs alone have the power to interpret how the Constitution and the first 10 Amendments should be enforced in their counties. They claim that state governments, the federal government, the president and the U.S. Supreme Court have no power over sheriffs, and that as elected officials, sheriffs are answerable only to their constituents.In this episode, Pishko also describes the large role sheriffs have in incarcerations, how their enforcement powers differ or overlap with police, and what disciplinary or oversight measures are available when a sheriff abuses their office. Pishko and Rawles also discuss the roles sheriffs might have in local elections, and whether they might have an impact on the 2024 presidential election.
The generative artificial intelligence tool is not just designed to transcribe depositions. It looks for inconsistencies. It suggests questions to ask. It analyzes the transcript in real time to see whether there are issues that have to be cleared up or areas of weakness to address. In other words, it's like having another attorney in the room—only one who's capable of digesting large amounts of data and analyzing it quickly.
Most—though not all—of the 13 short stories in Company deal with members of the Collins family. Three generations of narrators bear witness to the changing fortunes of the family, and as with any witness statement, everyone has a different perspective on what actually happened. Also, there are ghosts—and at least one witch.The matriarch and patriarch of the Collins family ran a jazz club in Atlantic City. Their four daughters and eight grandchildren face issues of race and class, fecundity and infertility, marriage and divorce.In this episode of The Modern Law Library, the ABA Journal’s Lee Rawles speaks with author Shannon Sanders about the similarity between crafting a perfect brief and a short story, and its differences from novel writing. They discuss the ways families are built, through biology, shared experiences and legal paperwork.Sanders shares how she balances her full-time legal work, her family life and her work as a writer. She also offers tips for people looking to publish their short stories in magazines and literary journals. The hardback version of Company is available now, and the paperback will be released on Nov. 12.
Jill Barton spent the first decade of her career working as a journalist, with the Associated Press Stylebook always at hand to determine word usage and punctuation choices. But when she became an attorney, she says, she realized that there was no single equivalent style guide when it came to legal writing—and she had to adjust to using the Oxford comma.As a professor of legal writing at the University of Miami, she also began to notice a contrast between the classic 19th and 20th century court opinions her students were being given to read and the style of writing coming out of the U.S. Supreme Court in the 21st century. Standards were changing at the highest court of the land, but the wider legal community wasn’t necessarily aware of it. Barton spent five years analyzing more than 10,000 pages from Supreme Court opinions, and The Supreme Guide to Writing is the result.In this episode of the Modern Law Library, Barton and the ABA Journal’s Lee Rawles discuss her findings, and what some of the bigger surprises were. One of her biggest takeaways is that the justices are not a conservative bunch when it comes to writing style.For example, during most of Justice Antonin Scalia’s tenure on the court, he was a strident opponent of contractions—can’t, don’t, shouldn’t were always cannot, do not, should not. But in his final years, Scalia did sprinkle in a few contractions, and his replacement, Justice Neil Gorsuch, is “King of the Contractions,” Barton says.The justices were willing to depart from grammar rules if adhering to them caused stilted writing, Barton found. Chief Justice John Roberts uses commas based on cadence rather than simply following strict English grammar guidance. All the justices showed a marked preference for active verbs and shorter, simpler phrases. They have adapted to using pronouns that match litigants’ gender identities, and to using the singular “they” rather than “he or she.”The Supreme Guide to Writing notes when the court shows unanimity in a usage rule, and when there is disagreement. While each justice shows internal consistency with how they show a possessive when a singular noun ends in “s,” there is no group consensus on apostrophe-s versus a single apostrophe. Barton discusses her research process, offers more insight into the way legal language is evolving, and shares how practitioners can use her book to modernize their own writing.
Much has been made of the gigantic access-to-justice gap in this country. One possible way to help bridge the gap is to expand the pool of people eligible to practice law. Of course, that raises age-old concerns about unauthorized practice of law.
Justice David W. Ellis has served on the Illinois Appellate Court for the 1st District for nearly 10 years. But readers may know him better as author David Ellis, writer of more than a dozen legal thrillers.Ellis had enjoyed creative writing as a youth, he tells the ABA Journal’s Lee Rawles in this episode of The Modern Law Library. But during his college and law school years, he was focused solely on his legal career path. It wasn’t until he had been in practice for a few years that this changed. During a vacation at the beach, he suddenly decided that he was going to write a novel—and once that goal was set, he worked relentlessly towards it. And in 2002, he won a prestigious Edgar Award from the Mystery Writers of America for that first novel, Line of Vision. Both branches of Ellis’s career have seen tremendous returns. He made national news in 2009 as the prosecutor of the impeachment of Illinois Gov. Rod Blagojevich before the state senate. He was the youngest-serving justice in 2014 when he joined the Illinois Appellate Court for the 1st District, which serves Chicago and Cook County. And along the way, he published 11 novels, including the four-book Jason Kolarich series. He was a finalist for the ABA Journal-sponsored Harper Lee Prize for Legal Fiction in 2012 and 2013. He has also co-written nine books with James Patterson, the latest of which (Lies He Told Me) will be released in September.In this episode, Ellis and Rawles discuss his July release, The Best Lies. The germ of an idea that became The Best Lies started off with the notion of a main character who was a diagnosed pathological liar. When the book opens, Leo Balanoff, a criminal defense attorney in Chicago, has just been arrested for murder. Police have collected DNA and fingerprints at the scene that are a match for a college-era bar fight Leo was charged for, and the victim had an ugly history with one of Leo’s clients. Over the course of The Best Lies, twists and turns across multiple timelines and through multiple points of view begin to reveal what really happened. Ellis weaves a tale combining corporate espionage, violin concertos, police corruption and the Estonian mob. Ellis also discusses his writing process, his 3:30 a.m. wake-up time, the similarities in his creative and legal writing, and how his judicial ethics concerns sometimes impact his editorial decisions.
The LSAT is facing competition from the JD-Next exam, and many states are reconsidering their licensing methods as the bar exam as we’ve known it sunsets in 2028. Kellye Testy, the executive director and CEO of the Association of American Law Schools, talks with the ABA Journal’s Julianne Hill about why those changes are happening now and what it means for law schools and students.
The goal of the bar exam is to be a gatekeeper for the legal profession and protect the public. But the current system, dominated by the Uniform Bar Examination, gets a failing grade from Joan Howarth, an academic, an attorney and the author of Shaping the Bar: The Future of Attorney Licensing.
There has been a lot of talk and concern about generative AI tools and how they are changing the legal industry.A major worry for many lawyers is that these tools could replace them or make them redundant.But what about the potential of generative AI to help lawyers generate business, market themselves more effectively, and make more money? On this month's episode of the Legal Rebels Podcast, Gyi Tsakalakis, founder of AttorneySync and EPL Digital and digital marketing expert, talks about how generative AI can help lawyers generate business and market themselves.
Do you need some distractions during vacation travel or while lying directly under your A/C unit and sweating? It’s time for The Modern Law Library’s summer recommendations episode, in which host Lee Rawles shares her pop culture picks with you, plus a re-airing of one of our older episodes with current relevance.As states navigate a post-Dobbs world, a series of federal and state regulations known as Comstock Laws are being discussed as avenues to further restrict access to abortion drugs and birth control. In 2018, with Roe v. Wade still the law of the land, Rawles and Amy Werbel discussed the fiery namesake of those laws and Werbel’s book Lust on Trial: Censorship and the Rise of American Obscenity in the Age of Anthony Comstock. It sheds light on how a 19th-century U.S. Postal Service agent funded by the Young Men’s Christian Association created obscenity restrictions so sweeping that medical textbooks were seized and destroyed for displaying anatomical diagrams.Rawles also shares some favorites from what she’s been reading and listening to since our 2023 year-end pop culture picks episode. If you have your own favorite reads so far in 2024, send your recommendations to books@abajournal.com with a brief description, and we may choose to highlight them on our social media.Mentioned in the episode:BOOKSThe Three Dahlias, A Very Lively Murder and Seven Lively Suspects by Katy WatsonThe Appeal and The Mysterious Case of the Alperton Angels by Janice HallettBuried in the Sky: The Extraordinary Story of the Sherpa Climbers on K2’s Deadliest Day, by Peter Zuckerman and Amanda PadoanScurvy: How a Surgeon, a Mariner, and a Gentlemen Solved the Greatest Medical Mystery of the Age of Sail, by Stephen J. BownPODCASTSCocaine & RhinestonesBeyond the BreakersReformed RakesTalk Justice
Finances are a fraught area for many attorneys. Despite a high earning potential, new lawyers often start out with a financial disadvantage due to the opportunity cost of the years devoted to school and bar prep, coupled with high student loans. People who chose to get JDs instead of MBAs often find themselves having to operate as entrepreneurs to launch a small firm or solo practice. In The Lawyer Millionaire: The Complete Guide for Attorneys on Maximizing Wealth, Minimizing Taxes, and Retiring With Confidence, Darren P. Wurz addresses both personal finances and firm finances.“A financial plan starts with goals,” writes Wurz, who has a master’s degree in financial planning and is a certified financial planner. “Be aware that money itself is not the ultimate goal of this plan. Rather, it is what that money can do for you that is the goal.”In this episode of The Modern Law Library, Wurz gives advice for attorneys at the beginning, middle and end of their working careers and tells the ABA Journal’s Lee Rawles about the seven biggest money mistakes attorneys can make.Wurz, who also hosts The Lawyer Millionaire Podcast, says retirement often looks different for attorneys than other professionals. Many lawyers would like to continue to practice at least part-time even past the age most other people retire. He says the goal of many of his clients is to have the financial security to have a “work-optional lifestyle” that will allow them to take on only the cases that really interest them.One of the messages Wurz wants to convey to older attorneys is that their most important asset might be something they didn’t realize could be sold: their practice itself. The time and effort put into building a book of clients can also pay off at the end of your career, not just during your active years of practice. While it might take more time and planning to arrange than selling a piece of real estate, selling your practice to a younger attorney can provide continuity for your clients and a financial boon to your retirement.While Wurz offers tips for how newly minted attorneys can start off on the right financial foot, he and Rawles also discuss options for mid-career professionals who are only now getting a handle on their finances. He also shares what his general advice would be for the thousands who have recently had their student debt unexpectedly erased through programs like Public Service Loan Forgiveness.
A commonly cited solution to helping bridge the access-to-justice canyon is for lawyers to provide more pro bono work. In that regard, have generative artificial intelligence tools made it easier for lawyers to provide pro bono services?
Originalism is the ascendant legal theory espoused by conservative legal thinkers, including the majority of U.S. Supreme Court justices. But far from being an objective framework for constitutional interpretation, says author and attorney Madiba Dennie, its true purpose is to achieve conservative political aims regardless of the historical record. In The Originalism Trap: How Extremists Stole the Constitution and How We the People Can Take It Back, Dennie traces the roots of originalism as a legal theory back to Brown v. Board of Education of Topeka, though the Supreme Court rejected the arguments in the 1954 case. Its adherents argue the meaning of the Constitution must solely be determined by “the original public meaning of the Constitution at the time it was drafted,” and that there is a discernible correct answer to what that meaning would have been.The theory gained popularity in the 1980s, with the late Robert Bork and Justice Antonin Scalia as two influential proponents. Scalia famously said the Constitution is “not a living document. It’s dead, dead, dead.” Today, originalism has formed the basis for decisions such as Justice Samuel Alito’s Dobbs v. Jackson Women’s Health Organization opinion overturning Roe v. Wade.“Despite originalism’s reputation as a serious intellectual theory, it’s more like dream logic: It seems reasonable at first, but when you wake up, you can recognize it as nonsense,” Dennie writes. “Originalism deliberately overemphasizes a particular version of history that treats the civil-rights gains won over time as categorically suspect. The consequences of its embrace have been intentionally catastrophic for practically anyone who isn’t a wealthy white man, aka the class of people with exclusive possession of political power at the time the Constitution’s drafters originally put pen to paper (or quill to parchment).”In this episode of The Modern Law Library, Dennie and the ABA Journal’s Lee Rawles discuss how conservative originalists prioritize the time period of the Founding Fathers over the Reconstruction Era that produced the Thirteenth, Fourteenth and Fifteenth Amendments. “We can’t fulfill the Reconstruction Amendments’ radical vision of full equality and freedom if we can’t be attentive to the ways in which we have been made unequal and unfree,” Dennie writes in The Originalism Trap.While Dennie believes there are portions of the historical record that support broad civil liberty protections, she says she does not think originalism is a useful tool for progressives to use as a legal framework. In place of originalism, Dennie has a bold proposal: inclusive constitutionalism. “Inclusive constitutionalism means what it says: the Constitution includes everyone, so our legal interpretation must serve to make the promise of inclusive democracy real. When the judiciary is called upon to resolve a legal ambiguity or when there are broad principles at issue, the application of which must be made specific, it is proper for courts to consider how cases may relate to systemic injustices and how different legal analyses would impact marginalized people’s ability to participate in the country’s political, economic and social life.” Rawles and Dennie also discuss how lawyers and judges can push back against originalism; the legal rights and protections achieved by groups like Jehovah’s Witnesses and the LGBTQ+ community; why she dropped Jurassic Park references into the book; and how she keeps an optimistic outlook on the expansion of civil liberties.“Justice for all may not be a deeply rooted tradition,” Dennie writes, “but fighting for it is.”
It seems like every time that there’s a major disruption or event that threatens to upend the legal industry, it spells doom for the billable hour. But that could be more out of hope than anything else. The billable hour survived the Great Recession and the COVID-19 pandemic, despite many people thinking—or maybe wishing—that it wouldn’t.
From COVID-19 response to the overturning of Roe v. Wade, the results of 50 states having individual approaches to public health, medical outcomes and healthcare access raise troubling questions. A husband-and-wife team of University of Utah professors dig into the ethics of the American healthcare system in States of Health: The Ethics and Consequences of Policy Variation in a Federal System.Leslie P. Francis is a professor of law and philosophy with a background in bioethics, and John G. Francis is a professor of political science with a focus on European comparative politics, federalism and comparative regulatory policy. The spouses had partnered on three previous books together. When looking for their next project, they decided to examine the consequences of states opting out of Medicaid expansion and what power federalism could have in protecting American citizens’ health. But soon more news events and landmark cases expanded their focus.The result is States of Health. The book examines the tensions between state and federal powers in a number of areas, including reproductive rights; gender-affirming care; medical marijuana; public health and pandemics; right-to-try laws; patient confidentiality; and care quality and life expectancies.In this episode of The Modern Law Library, the ABA Journal’s Lee Rawles speaks with the Francises about their collaborative writing process, and what conclusions they have drawn about the benefits of federalism and states’ rights.The Francises argue that since it is the federal government that determines citizenship and census decisions, state differences go too far when they make “basic decisions about who counts at all, and what it means to count.” They add, “Movement is a critical aspect of who counts: the ability to come and go, or to leave one state more permanently for another.” The Francises argue that freedom of movement for the purpose of medical treatment is crucial for patients, but also point out when states control licensure for medical providers, that too can restrict freedom of movement. The value of 50 individual laboratories of democracy can be appealing to a scientific mind. But at what point can it be argued in the healthcare space that a federal government needs to step in, if the outcomes in some of those laboratories are decreased lifespans and higher mortality?
When the Trump administration's policy of separating families at the country's borders was announced, opposition from the public and the legal community was swift. The outcry and judicial decisions led to a reversal of the administration's stated policy. But detention and family separation have a long history in this country, history professor Ana Raquel Minian says.Minian, who immigrated from Mexico to the United States right before the attacks of Sept. 11, 2001, has made an academic career studying immigration, incarceration and detention. As a young adult, Minian followed the news of Guantanamo Bay Naval Base being used to detain people who might be connected to those attacks. But in researching their new book, In the Shadow of Liberty: The Invisible History of Immigrant Detention in the United States, Minian discovered the base was first used as a detention center under President George H.W. Bush to hold Haitian refugees.Minian uses the personal experiences of four immigrants to walk readers through the history of immigrant detention in the United States: Fu Chi Hao, a Chinese Christian attempting to escape the Boxer Rebellion in 1901; Holocaust survivor Ellen Knauff, a war bride of an American GI who arrived at Ellis Island in 1948; Gerardo Mansur, a Cuban who joined the Mariel boat lift in 1979; and Fernando Arredondo, a Guatamalan asylum seeker who was separated from his daughter by border officials in 2018. In this episode of The Modern Law Library, Minian shares details of these stories with the ABA Journal’s Lee Rawles. They also discuss the shifting motivations behind changes in the immigration system, parole versus detention, and how attorneys can help immigrants currently in detention.
The lack of diversity when it comes to race, gender, sexuality, disability and social class within the legal profession is nothing new. However, the last decade has marked a gradual increase in diversity across all fields.
“Trespassing plus time equals adverse possession,” Paul Golden writes in his new book, Litigating Adverse Possession Cases: Pirates v. Zombies. When someone has occupied or used a piece of property as though they own it for long enough, a court could determine that they are the rightful owner—regardless of what the paperwork says. It’s a concept more popularly discussed as squatter’s rights.In this episode of The Modern Law Library, Golden speaks with the ABA Journal’s Lee Rawles about the ancient concepts underlying modern adverse possession law; some quirky state laws; and why societies would allow land to be transferred in this way. They also discuss how the plain meaning of terms like “hostile” are changed when used in adverse possession cases, and Rawles raises a hypothetical—taken from real life—of a neighbor’s crooked fence.During Golden’s first appearance on The Modern Law Library, he explained how the lack of a written contract could be navigated by a savvy lawyer. In his new book, Golden guides attorneys and their clients through the finer points of arguing for and against adverse possession claims. He shares some of the errors he’s seen pop up in adverse possession cases, and offers advice for how to avoid common pitfalls.Modern Law Library listeners have been given a promotional discount code for Litigating Adverse Possession Cases: Pirates v. Zombies through May 10, 2024. For 20% off, go to the ABA’s online shop and enter LAPC2024 at checkout.
James Patterson has written bestsellers in many genres. But as he tells the ABA Journal's Lee Rawles in this episode of The Modern Law Library, he has always been fascinated by legal thrillers, courtroom dramas and crime novels. He even considered becoming a lawyer, before his literary career took off.In his newest release, The #1 Lawyer, James Patterson partnered with co-author Nancy Allen to tell the story of Stafford Lee Penney, a criminal defense attorney in Biloxi, Mississippi, who’s never lost a case. But after handing a high-profile murder trial involving the son of a mobster, Penney finds himself on the other side of the bench as a defendant himself, charged with murdering his own wife.Patterson has written and co-written more than 300 books, including bestselling series like Alex Cross, Women’s Murder Club and Maximum Ride. He had some writing tips for attorneys, particularly on how to work collaboratively. As Patterson tells listeners in the podcast, he is open about working with other writers on many of his books, and he finds tools like outlining absolutely essential. He also shares with Rawles how he thinks co-writers should handle interpersonal communication while working together.Patterson says one of the major benefits of working with co-authors is pulling from their experiences to make his books more accurate and true to life. When he wrote The President is Missing with Bill Clinton, the former president could tell Patterson the inside details of how a Secret Service detail worked. When he wrote Run, Rose, Run with Dolly Parton, she walked him through the production cycle for a song.Allen, who conducted more than 30 jury trials as a prosecutor in Missouri and taught law for 15 years at Missouri State University, contributed her firsthand courtroom experience to The #1 Lawyer. Patterson says they worked to make everything as accurate as possible—while still allowing for a good story. It’s the pair’s second book together, following a previous standalone novel, Juror #3.In this episode of The Modern Law Library, Patterson shares some of his favorite law-related pop culture picks; news about new and ongoing projects; and describes a very special birthday event with Dolly Parton. He also discusses how his children’s series Maximum Ride got caught up in Florida book bans in 2023. For fans of Patterson’s breakout success, the Alex Cross series launched in 1993 with Along Came a Spider, the author shares updates about what’s next for the intrepid detective—including details about the upcoming Amazon Prime TV series Cross, starring Aldis Hodge.
Three high-profile cases of sexual assault in 2012 followed a basic pattern: A teenage girl was sexually assaulted at a house party by one or more teenage boys while she was incapacitated by alcohol. The attacks were recorded and the photos, videos and stories were shared on social media or via texts. The photos and videos were used to ridicule the victims among their peers. Those texts and posts later became evidence in criminal cases. These incidents took place in Steubenville, Ohio; Maryville, Missouri; and Saratoga, California, and sparked national conversations about youth, technology and sexual assault in 2013.“The question gnawing at everyone, myself included, was: What were these kids thinking?” writes Anna Gjika, a sociology professor who studies crime and gender issues. More than 10 years later, Gjika has attempted to answer that question in her new book, When Rape Goes Viral: Youth and Sexual Assault in the Digital Age. She took a close look at the three attacks in 2012, but identifies a number of similar instances that have happened more recently.One of the elements the public found shocking about the cases was how many bystanders filmed or photographed the unconscious girls or the sexual assaults as they were occurring, without intervening. In talking to people involved in the cases and to teens in general as part of her research, Gjika found that the young people did not think of their social media as archival so much as “of the moment.” They filmed and posted what was happening around themselves because they were used to doing that. “Sharing an experience has become an integral part of the experience,” Gjika writes.In this episode of The Modern Law Library, Gjika and the ABA Journal’s Lee Rawles discuss her research into generational attitudes towards social media and sexual assault; the promises and pitfalls of digital evidence in sexual assault cases; how social media can be empowering or degrading for survivors; the social responsibility held by the legal community and the tech industry; and what interventions could be effective to prevent such assaults from taking place.Digital evidence like cellphone videos and texts can be extremely beneficial to prosecutors looking to prove incidents of sexual assault, particularly when victims are unable to recount their experience because they were unconscious or impaired during the attacks. But Gjika explains that this kind of evidence is not uncomplicated. The way juries perceive the evidence will still be filtered through societal expectations and prejudices. Defense attorneys do not have the same access to digital evidence from tech companies, and usually lack capacity to process immense amounts of data. The expertise, willingness and resources of police departments and prosecutors’ offices to seek out this evidence also vary widely. And the victims can be further traumatized by the use in court of images and video of their assaults, and the knowledge that the images continue to be disseminated on the internet.In closing, Rawles and Gjika discuss what actions can be taken by schools, the legal community and the tech industry to prevent such attacks or to assist victims whose assaults have been digitally documented. Gjika believes educational programs and trainings for teens need to focus on peer groups and norms, rather than emphasizing individual responsibility, and “must be grounded within adolescents’ lived experiences, rather than on adult fears and anxieties.” She also argues that adults as well as teens would benefit from “ethical digital citizenship initiatives,” where concepts like privacy and online decision-making could be discussed. And she suggests the creation of government-funded organizations to assist survivors with removing digital content from the internet.
Ray Brescia, a law professor at Albany Law School, has taken a hard look at the country’s legal system in his new book, Lawyer Nation: The Past, Present and Future of the American Legal Profession.In this episode of The Modern Law Library, Brescia tells the ABA Journal’s Lee Rawles about the efforts in the late 19th and early 20th century to exclude people from the legal profession who were not part of the dominant social class, and how access-to-justice issues persist today as a result of some of those measures. The early American Bar Association is one of the organizations he names as a participant in the exclusionary efforts through its law school accreditation program, and he and Rawles discuss the ABA’s current efforts to increase diversity, equity and inclusion.As someone who has worked in academia, the non-profit world, legal aid organizations and as a clerk at the U.S. District Court for the Southern District of New York, he says he’s come across many people who care deeply and want the justice system to function better. But without fundamental changes to the ways legal services are delivered, he does not think the access-to-justice issues can be solved.A large part of Brescia’s concern that he expresses in Lawyer Nation is for legal professionals themselves. Brescia says the mental illness and substance-use levels within the profession demonstrate that greater care has to be shown for lawyers’ well-being and work-life balance. He shares his advice for making the profession more sustainable for the incoming generation. He also discusses how law schools and legal education can change.
In Police & the Empire City: Race & the Origins of Modern Policing, Matthew Guariglia looks at the New York City police from their founding in 1845 through the 1930s as “police transitioned from a more informal collection of pugilists clad in wool coats to what we can recognize today as a modern professionalized police department.”From the beginning, race and ethnicity had a major impact in the policing of New York City. In a city where the top echelons of power were held by Anglo-Dutch Protestants, the streets were patrolled by Irish and German immigrant police officers, sometimes enforcing the Fugitive Slave Act by snatching Black people off the streets and sending them back to enslavement in the South.In this episode of the Modern Law Library, Guariglia and the ABA Journal’s Lee Rawles discuss what the early period of policing in New York City can tell us about policing today. Rawles shares her own ancestor’s path from immigrant to police court judge on the West Side of Chicago (though the dates she cites in the interview are incorrect–Michael J. O’Donoghue emigrated from Ireland in the 1874 and was appointed to the police court in 1901.)For Irish and German immigrants, a job on the police force was a path out of poverty and towards whiteness and political power, but you would be asked to prove yourself by visiting violence on your own community. African American community leaders hoped the appointment of Black policemen would curb police brutality, but the city was slower than other metropolises like Chicago, who hired James L. Shelton as the city’s first Black officer in 1871. Samuel Battle became the NYPD’s first Black police officer in 1911, eventually rising to the rank of lieutenant and being appointed a parole commissioner.Meanwhile, in neighborhoods like Chinatown, entire communities went without police officers who spoke the same language as inhabitants. The first Chinese-speaking officer was hired in 1904. That same year, the General Slocum disaster sent the city administration scrambling for German-speaking police officers to locate relatives in Kleindeutschland to identify bodies of the thousand victims of the burned shipwreck. Fears of “the Black Hand” led to the creation of the Italian Squad, and Guariglia shares the story of how the Italian Squad’s founder, Joseph Petrosino, ended up assassinated while on assignment in Sicily.“Empire City” is an apt name for New York City, as it had international reach and drew on former colonial administrators. One influential police commissioner, Gen. Francis Vinton Greene, had been involved in the U.S. occupation of the Philippines after the Spanish-American War. Tactics first used to subjugate colonists were put to use in the city. As the Progressive Era led to a preoccupation with eugenics, the New York City police were involved in international conversations about the characteristics of criminals and race science. The idea of molding the perfect police officers also caught hold. In this episode, Guariglia shares how the police departments decided they had to teach their officers how to stand and chew properly.
What better way to spend Valentine’s Day than with your favorite lawyers, legal professionals, technologists and thought leaders who will be on hand to teach lucky conference goers about all the latest trends and developments in the field of legal technology?
After 50 years as a professor at Yale Law School, Owen Fiss says his students are still idealistic and passionate about the rights won in the Civil Rights Act of 1964 and Voting Rights Act of 1965. As a young lawyer in the late 1960s, Fiss worked with the Department of Justice to implement those laws. A classroom discussion in the spring of 2020 prompted him to draw upon his legal expertise and decades of experience to produce his new book, Why We Vote.In this episode of The Modern Law Library podcast, Fiss speaks with the ABA Journal's Lee Rawles about the paradox of the court system–the least democratic branch of government–having the responsibility of safeguarding the right to vote. He looks back on his work with the DOJ in southern states, and his time as a clerk for Justice Thurgood Marshall (then on the 2nd U.S. Circuit Court of Appeals in New York) and Justice William Brennan.Rawles and Fiss also discuss recent threats to the electoral system and right to vote, including the insurrection on Jan. 6, 2021. Fiss shares his thoughts about Section 3 of the 14th Amendment, and whether former President Donald Trump should be removed from the ballot on that basis.While every book he writes is for his students, Fiss says, he hopes Why We Vote can impress upon a broader audience the privilege and duty of voting and participating in a democracy.
The impact for people clearing their criminal records can be life-changing, leading to long-term employment and financial security. And research shows that it also helps prevent recidivism. But the path to expungement is not always easy, requiring people with criminal records to navigate an unfamiliar, costly and drawn-out process. That’s where lawyer Noella Sudbury comes in.
In 2013, the ABA Journal named Renee Knake Jefferson a Legal Rebel for her work co-founding the Michigan State University’s ReInvent Law Laboratory and rethinking how legal services could be delivered to consumers. In 2024, she’s taking a look back at more than a decade of research and experimental programs aimed at improving access to justice–the successes and the failures.On this episode of the Modern Law Library, Jefferson and the ABA Journal’s Lee Rawles discuss her new book, Law Democratized: A Blueprint for Solving the Justice Crisis. The scale of the issue is daunting: Jefferson cites a study finding that 87% of American households facing legal issues don’t even attempt to seek legal assistance.“Civil legal disputes—think child support, citizenship, consumer complaints, custody, divorce, employment, guardianship, housing, medical needs—make their way to more than fifteen thousand courts throughout the United States each year,” Jefferson writes. “Whatever the root cause, a massive delivery problem clearly exists for personal legal services.”Jefferson shares examples of alternative business structures and access-to-justice projects from around the world that challenged old client models. Some–like offering legal services inside British grocery stores–were not successes.“In theory, consumers could pick up a will with a loaf of bread or a gallon of milk, allowing them to resolve legal problems in a place they already regularly transact,” Jefferson writes. “But grocery store law never flourished.”Other ventures fared better, and Law Democratized compiles a number of suggestions based on research findings and real-world experiences. Jefferson says she intends the book to not only be a record of what’s been tried, but to also serve as a user-friendly way for the public to learn about changes they could be advocating for at local, state and national levels.Much of the discussion around improving access to justice involves regulatory reform, and Jefferson shares what has been discovered in states like Utah and Texas through the establishment of regulatory sandboxes. Jefferson also shares ideas about how law schools can be serving their communities as well as their students. Law Democratized suggests ways antitrust law and the First Amendment could be used to expand the public’s access to civil legal services without the direct use of lawyers.Jefferson and Rawles also discuss her expertise in legal ethics, and what she thinks about the use of artificial intelligence by legal professionals. Jefferson, who writes the Legal Ethics Roundup newsletter on Substack, explains why she doesn’t see the need for an immediate rewriting of the ABA Model Rules of Professional Conduct to address the new technology.
There are lawyers who love the practice of law so much, they’ll only leave it feet first, in a box. But for those who’d prefer to exit the bar before closing time, Kevin McGoff has advice on planning that next chapter.In his book, Finding Your Landing Zone: Life Beyond the Bar, McGoff describes his dawning realization that he was missing out on experiences while his life was dominated by his legal practice. He approached his law firm management team with a proposal to gradually decrease his hours and hand off his client work to younger successors.A big believer in purposeful planning, McGoff offers a series of worksheets to help readers kickstart their own plans for what a life after the practice of law might look like. For McGoff, one of the big dreams of his life—which began while he was stationed in Europe with the U.S. Army—was to spend more time traveling, and to one day live in France. He studied French and even sponsored a club at his children’s school to promote the French language. He and his wife, Patty, loved their trips to France. So when they discussed what the next chapter of their lives would look like, they decided to finally make it happen. A major goal for McGoff in writing Finding Your Landing Zone is to help readers identify what their own equivalent dream would be, and how to find their own France.In this episode of the Modern Law Library, McGoff and the ABA Journal’s Lee Rawles discuss his motivation to write the book, his advice for planning a financial future, the importance of mentoring younger attorneys, and how he and Patty finally made their dream of living in France happen. He shares tips on building a succession plan and getting your firm on board, and how to actually (mostly) cut down on your hours.
As 2023 draws to a close, the Legal Rebels Podcast looks at the top stories in legal technology for the year. Between the explosion in popularity of ChatGPT and other generative artificial intelligence tools, the continued use of virtual or hybrid working arrangements and the underwhelming mergers and acquisitions market, it was certainly an eventful year.
It's the time of year when The Modern Law Library hosts like to look back on the media we've enjoyed, our annual pop culture picks episode. This year, host Lee Rawles is joined by three ABA Journal reporters: Julianne Hill, Amanda Robert and the Journal's newest employee, Anna Stolley Persky. Naturally, the four discuss their favorite books, but they also have movies, TV shows, podcasts and even a play to recommend. From documentaries to audiobooks, listeners will find ways to occupy the holiday season and the new year. For the full list of recommendations, go to ABAJournal.com/2023picks.
Human beings have told stories about violence and victims from our earliest records. In the nineteenth and twentieth centuries, newspapers and magazines flourished on crime coverage. Hollywood has churned out crime movies and TV shows, based both in fiction and non-fiction. But after the incredible success experienced by the podcast Serial in 2014 and the documentary series Making a Murderer in 2015, a new wave of popular media exploring real cases of potential wrongful convictions burst upon the scene.While Diana Rickard didn’t consider herself a “podcast person,” her interest as an academic was piqued. The criminology professor began listening to Serial, and became fascinated by what she saw as a new expression of the true crime genre, dubbing it the “New True.”“These series deserve our attention for what they reveal about our societal understanding of crime and punishment,” Rickard writes in her book The New True Crime: How the Rise of Serialized Storytelling Is Transforming Innocence. “Through them, audiences are receiving ideological messages about punishment. They are also sites where inequality, power and racism are openly examined, playing a role in our public conversations about who is and is not deserving of punishment and who is and is not protected by law. In addition, by using the term ‘New True,’ I am also suggesting these series indicate a new way of constructing truth itself. Questioning the finality of verdicts, framing facts as in the eye of the beholder, the new series unmoor our faith in what is knowable.”In this episode of the Modern Law Library, Rickard explains how she sees the New True podcasts and documentary series as differing from older media. She and the ABA Journal’s Lee Rawles discuss the differences between crime reporting and this serialized storytelling, and whether the New True series are managing to avoid some of the ethical pitfalls of traditional crime reporting. They also delve into whether debunking things like flawed forensic science or false confessions for the general public may have shifted the way people think about wrongful convictions.Rickard shares what she has heard from legal experts in the innocence community about the benefits—and drawbacks—of cases catching the eyes of New True producers. She also reveals what surprised her most when she researched the Reddit communities that gather to discuss New True cases.
Legal professionals are not immune to the pull of platforms such as TikTok, Instagram and YouTube Shorts. Some are even using short-form videos to inform clients about their law practice; build their business or brand; or shed light on the culture of BigLaw, crafting short-form video content giving an insider look at the profession.Among them is Alex Su, a former lawyer and head of community development at Ironclad, a contract management software company.
Like many others, Jon Kung figured law school would be a safe harbor to weather the storms of the Great Recession. But after emerging from the University of Detroit Mercy School of Law in 2011, Kung changed course.Kung, who is non-binary, says the realization the practice of law was not for them hit after they helped the local prosecutor’s office achieve a conviction in a murder trial. They received a full-time job offer with that office, but decided to turn down the job offer and look for other work. Over the next several years, they established themselves in the Detroit culinary scene, hosting secret pop-up dinners and dumpling classes, and honing their take on “Third Culture cuisine.”Kung was born in Los Angeles, and spent their childhood in Hong Kong and Toronto before landing in Michigan for college and law school. Their recipes combine elements of Chinese and North American cuisines and cooking techniques.“This new fusion that I’m referring to as ‘third culture’ takes a more thoughtful approach to the genre,” Kung writes in the introduction to their new cookbook, Kung Food: Chinese American Recipes from a Third-Culture Kitchen. “Third culture embraces each side as equal, drawing from a lived experience that is immersed in both or multiple cultrues, once again taking the mentality of the American culinary renaissance that came around in the 2010s and granting the rest of us the ability to take part in it.”In this episode of the Modern Law Library, Kung discusses their new cookbook with the ABA Journal’s Lee Rawles—who made the Beef & Broccoli Potpie, the Shrimp Paste Dumplings and the Parmesan-Curry Egg Fried Rice from the book—and shares their favorite meal tips for starving law school students. Kung also shares how they went from word-of-mouth pop-ups to social media fame.In 2020, when the pandemic made their pop-up meals impossible and the murder of George Floyd prompted massive protests in their home state, Kung began using their TikTok account @jonkung as a place to find community and share recipes. They quickly began gaining followers, and started being approached to partner with brands on projects like developing recipes based on anime series. Kung shares the story of how they were offered the publishing deal for Kung Food, and what it’s like to be a social media influencer.
After 13 years and 170 episodes, Asked and Answered host Stephanie Francis Ward is hanging up her headphones and switching off her mic. Asked and Answered, the ABA Journal’s first and longest-running podcast, is ending its run—at least for now.In this final episode, Ward discusses her podcast tenure with the Journal’s Lee Rawles. Ward recently accepted a new position within the ABA Journal as an assistant managing editor after a long reporting career covering legal education and general legal affairs. They chat about the podcast’s humble beginnings with an episode about alternative billing released on April 5, 2010, and the changes Ward has observed in the legal community over that time period.A major shift Ward identifies is an increasing willingness to talk about mental health struggles and work-life balance. There has also been a sea change in attitudes towards remote work, accelerated by the Covid-19 pandemic. Ward and Rawles—host of the Modern Law Library, another Journal podcast—discuss the rapid pivot they had to make when the pandemic shut down the ABA offices and podcasts had to be recorded at their homes instead of a media room.They discuss some of their favorite episodes from the past 13 years, and which topics feel dated—like “How Can Attorneys Use Google+ to Generate Business“—versus more timeless issues lawyers face. One evergreen Asked and Answered topic Ward returned to in several episodes was helping lawyers navigate social anxiety in business and rainmaking situations, and Ward shares some of her favorite tips she’s gleaned from guests.Finally, Ward thanks the listeners who’ve accompanied her on this journey and urges them to stay in touch with legal tips and pitches. The Journal’s other two podcasts, the Legal Rebels Podcast and the Modern Law Library, will continue to be released on their normal schedules.
“You can’t think yourself out of trauma,” the introduction to Trauma-Informed Law: A Primer for Lawyer Resilience and Healing warns. “An analytical response is insufficient. As lawyers and law students, we have been trained to learn only with our minds. But there are other epistemologies—other ways of knowing and interacting with the world.”Trauma-Informed Law, published by the ABA Law Practice Division, arose as a collaborative effort between Canadian lawyers Helgi Maki and Myrna McCallum and American lawyers Marjorie Florestal and J. Kim Wright. It seeks to suggest not only how lawyers can provide better client service to traumatized people, but also how lawyers, law students and judges can deal with their own traumas.Maki points out many people say that while the initial incident that brought them into contact with the court system was difficult—be it a divorce, an assault or a contract dispute—their experiences once inside the judicial system were harder to bear and caused more emotional damage. What other profession, she asks, would accept that as an outcome for its clients?In this episode of the Modern Law Library, Maki and the ABA Journal’s Lee Rawles discuss the impact of trauma on the legal profession, and the ways researchers have seen it impact people on a personal and systemic level. Lawyers may be reluctant to label their own experiences trauma, but Maki explains vicarious trauma, and how burnout is a “cousin” to trauma.One element the book stresses is how important it can be for judges to become aware of how trauma can impact everyone in a courtroom, and basic measures that can be taken to decrease the risk of causing further harm during courtroom proceedings. The ABA House of Delegates recently called for more research to be done on how court workers are impacted by what they see at work and by threats to their personal security.Maki and Rawles also discuss ways legal professionals can build support systems without endangering client confidentiality, and how law schools can prep law students for the inevitable challenges they will face in the profession.
One of the areas that has already felt the effects of ChatGPT and other large language models is contracts. Users can now use these AI-enhanced tools to help them quickly draft, analyze and review contracts. All you have to do is type in what you want, and the tech does the rest. Of course, it isn’t that simple. The technology is still in its infancy, and there are limits to what it can do.
Moving from a “win-lose” mentality to a “win-win” mentality has been a central focus of the field of negotiation and conflict resolution since the 1980s, says Sarah Federman. Working to walk away with a deal that pleases both sides was a huge departure from the idea that one side of a transaction will necessarily lose.But Federman, author of Transformative Negotiation: Strategies for Everyday Change and Equitable Futures, proposes that we can and should adapt our framing to encompass a “win-win-win” mentality. A win-win mentality “attends to the interests only of the signatories, not of those who live out the consequences of the agreement,” Federman writes. “A win-win-win model requires paying attention to those usually not at the negotiation table.”In this episode of the Modern Law Library, Federman discusses with the ABA Journal’s Lee Rawles how traditional advice around negotiations—from salaries and corporate contracts to landlord disputes and personal lives—makes assumptions based on what’s worked for people who have traditionally held positions of power. Those assumptions could be outdated, unhelpful or actually harmful to minorities and others who have been economically or socially disadvantaged.Transformative Negotiations was written with four goals, Federman tells Rawles: To help people move “from precarity to stability;” to expose the blind spots in the field of negotiation studies; to propose a new approach to negotiations that addresses oppression; and to show people who do have bargaining power how they can use it to “create more equitable futures.”Advice Federman shares in this episode includes how woman can approach salary negotiations, how to achieve more economic stability through “inbox colonics,” and why being the nosy neighbor can get people through tough times. She also discusses why bonding events like firm happy hours can actually backfire on employee morale, and how firms can not only hire diverse workforces but successfully retain them.
Admittedly, Tara M. Stringfellow became an attorney simply because her first book of poetry didn’t sell and she needed an income. But after a few years at Crown Castle in Chicago doing family and real estate law, she left, heading straight to the Master of Fine Arts program in creative writing at Northwestern University to get back into the writing game—this time with a lawyer’s sharpened pencil.
When lawyers hear the term "LLM," their first thought may go to a master of law degree that a person earns after law school. However, the acronym also stands for “large language model,” which is technology that generates and creates writing for offerings that include ChatGPT and Google Bard. The technology doesn’t know what is accurate—that’s where lawyers come in—but the writing is impressive, it could make legal writing better and you could even use it as a writing coach, says Greg Sarab, a technologist and a lawyer.
Thanks to the COVID-19 pandemic, working from home and communicating and collaborating via real-time communication tools has become the norm for many law firms and offices. The benefits of such arrangements are obvious. However, some firms, including several of the largest in the country, have begged to differ. Citing a need to maintain or preserve office culture and strengthen personal connections, these firms are now mandating at least four days in the office per week.
As both an attorney and judge, Thomas Moukawsher has spent the majority of his career dealing in complex litigation. And the Connecticut Superior Court judge would like to make the legal system—well, less complex.In this episode of the Modern Law Library, Moukawsher and the ABA Journal's Lee Rawles discuss his ideas and his new book, The Common Flaw: Needless Complexity in the Courts and 50 Ways to Reduce It. Instead of advocating for legislation to simplify the court process, Moukawsher says many of his ideas could be immediately put into practice by judges.Many of Moukawsher's theories were developed in the wake of having to make changes in court proceedings during the COVID-19 pandemic while court buildings were closed. He says being forced to reexamine the habitual ways cases were heard was actually beneficial. Realizing how much could be conducted remotely gave him confidence that broader systemic changes in that direction are worth trying. One such suggestion is to conduct more jury trials remotely to increase juror numbers and diversity.The Common Flaw contains many concrete suggestions for lawyers and attorneys to streamline trials, but it was also written to be enjoyed by the public, Moukawsher tells Rawles. To that end, concepts are liberally illustrated with cartoons, and despite having 51 chapters, the book is not doorstopper-length.Speaking of length, one of Moukawsher's largest concerns is that the length of time many cases drag on decreases public confidence in the legal system as a whole. He says he sees this often in family court, where conflicts that could be handled in weeks stretch out through months or years and can lead to bankruptcy.He and Rawles also discuss his thoughts on the billable hour; how his ADHD helped him prune away unnecessary flummery in court processes; how he would rethink the job duties of law clerks; and his top tips for not fumbling cross-examinations.
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.
It’s time for the Modern Law Library’s summer recommendations episode, in which host Lee Rawles shares her pop culture picks with you, plus a re-airing of one of our older episodes with current relevance.
This year, that episode is our 2018 interview with Kathryne M. Young about How to Be Sort of Happy in Law School. Young used her background in sociology to gather data from students, alumni, faculty and law-school dropouts on their experiences during and after law school. Based on her findings—and her own experiences as a law student and professor—she offers advice on protecting your mental health; choosing courses and activities to pursue; managing the practical aspects of your household and budget; and forming relationships with mentors and peers. She also discusses how to decide when if it’s time to leave law school altogether.
Rawles also shares some favorites from what she’s been reading, watching and listening to since our 2022 year-end pop culture picks episode.
If you have your own favorite reads so far in 2023, send your recommendations to books@abajournal.com with a brief description, and we may choose to highlight them on our social media.
For decades, lawyers who worked in BigLaw could expect some version of the following: Work long hours, including nights and weekends, with minimal free time, giving up almost all semblances of a social life. The reward: money and a potential partnership. And if you didn’t like it, there was the door. And if you were having mental health or wellness issues, then suck it up and deal with it.
The year was 1961. Freshly minted attorney James J. Brosnahan had been on the job as a federal prosecutor in Phoenix for two days when he was handed his first trial: a capital murder case. Twelve days into the job, he’d won his first jury trial, and caught the trial bug. (Though to his relief, the two young defendants escaped the death penalty.) For the next six decades, Brosnahan chased every opportunity to present to a jury, in both civil and criminal court.
In his new memoir, Justice at Trial: Courtroom Battles and Groundbreaking Cases, Brosnahan selected 19 of the more than 150 cases he brought before a jury. Each case reflects an issue he sees as being critical to current cultural events, and he feels the losses are as important to share as the victories. He’s fought for press freedom, a woman’s religious right to give sanctuary to undocumented migrants, and for a female corporate chairperson unfairly targeted because of her gender. His international experiences include trying to prevent a client from being framed by dictator Ferdinand Marcos of the Philippines, and fighting for justice for assassinated lawyers in Northern Ireland.
In this episode of the Modern Law Library, Brosnahan shares some of these stories with the ABA Journal’s Lee Rawles, elaborating on the most important lessons he’s learned about juries, offering tips for aspiring litigators, and sharing what it was like to be Ruth Bader Ginsburg’s classmate at Harvard Law.
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.
Jane M. Spinak did not set out to write a book arguing for the abolition of family court. She thought she would be making the case for a set of sensible reforms. But the more she dug into the history of the family court system, the previous attempts at reform, and the examples of real world harms the system had caused, the more she began to believe there was no saving it.
In this episode of the Modern Law Library, Spinak speaks with the ABA Journal’s Lee Rawles about her philosophical journey and the writing of her new book, The End of Family Court: How Abolishing the Court Brings Justice to Children and Families.
Spinak walks Rawles through the origins of the family court system at the turn of the 20th century. The movement began with Northern and Midwestern progressives, usually white middle- and upper-class women, who felt there needed to be a way to make the children of recent immigrants into “real Americans.” They also believed, as Spinak does, that adult court was not a place for juvenile offenders.
Over the next century, the purpose and purview of family courts expanded and changed. Today, family court judges may consider juvenile criminal offenses, status offenses, custody cases, adoption, the removal of children from their parents and truancy cases. What has remained constant is the uneven enforcement of child safety laws, which fall primarily on poor and minority families.
“It is doubtless true that many children of the well-to-do are saved from coming before the courts because their families have greater resources and are often able to obtain special care for their children,” reads a report from the Children’s Bureau in the 1930s cited in The End of Family Court. “Whereas the children of the poor are more likely to be referred to courts or committed to institutions when they develop serious behavior problems.”
In this episode, Spinak shares experiences from her four decades in the family law arena, discusses how the children and families impacted by family court are leading movements for change, and explains how family court jurisdictions could shrink as communities step up to support families.
When technologically assisted review first started gaining traction in e-discovery in the 2010s, many of the same superlatives assigned to ChatGPT were used to describe this groundbreaking new process that purported to review documents faster and more accurately than humans. Lawyers would get hours and hours of time back, and clients would save tons of money.
“If you don’t have it in writing, you’re out of luck.” That’s the common wisdom you’ll hear from TV judges, helpful uncles, well-meaning friends and even lawyers in your life. But while getting an agreement in writing is a best practice, in some cases you—or your clients—might have more options than you think to enforce a unwritten agreement.
While the foundational principle of the Statute of Frauds holds that contracts must be written and signed to be enforced, there is a tool to create an exception. This tool is laid out in detail by Paul Golden in his new book, Litigating Constructive Trusts: The Last Resort in Fighting Inquity and Inequity. Golden, who has extensive experience in real estate and trust and estate law, believes far too few attorneys are aware of the potential benefits of constructive trusts.
In this episode of the Modern Law Library, Golden explains the concept of a constructive trust to the ABA Journal’s Lee Rawles. A constructive trust is a “legal fiction,” where (broadly speaking) a judge decides that between two parties with a relationship where trust could be assumed, there has been an egregious betrayal of that trust and an unjust enrichment to the betrayer. The judge can then retroactively declare that even without a written contract, a defendant had a fiduciary duty to the victim, and victim’s property must be returned to them.
“Traitorous partners, gold-digging girlfriends, old ladies being tricked out of preparing a fair will, and plain old murder,” writes Golden in the book. “These have been, and will continue to be, the subjects of constructive trusts. The facts in some constructive trust cases are so outrageous, one often feels like a voyeur, but without the shame.”
Golden explains the special benefits of a constructive trust, as well as defenses that can be made if your client is the subject of a constructive trust claim. Different jurisdictions have different standards for constructive trusts, and Golden and Rawles discuss the state of New York’s 4-prong test in detail. Most constructive trusts are based on case law, but some states do have civil code about them. Golden offers advice to lawyers looking to use a constructive trust argument, and lists common trial issues they might face, including how to convince a judge they have the power to act to avert a deep injustice from continuing.
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.
As Michelle Browning Coughlin, of counsel at ND Galli Law in Louisville, Kentucky, was raising her two daughters, she wanted her kids to understand what lawyers do. She worried that children only knew the type of lawyers who commonly appeared in courtrooms on television shows.
In the United States, there has been very little movement toward establishing a regulatory framework at the federal level for artificial intelligence. Why is that?
ChatGPT, the large language model released by OpenAI, is one of several such tools that have revolutionized the legal industry in a short amount of time, igniting debates about whether artificial intelligence has to be regulated—and by whom. The European Union recently took the first step toward passing the AI Act, whereby regulation would increase in proportion with the potential threat to privacy and safety that an AI system poses. China has also drafted rules to regulate AI.
In his new book, The Supermajority: How the Supreme Court Divided America, Michael Waldman identifies three times the U.S. Supreme Court caused a public backlash against itself—and warns the court may be well along the path to a fourth massive public backlash.
In this episode of the Modern Law Library, Waldman walks the ABA Journal’s Lee Rawles through the prior episodes of backlash, starting with the fallout from the Dred Scott decision in 1857. He explains the “switch in time that saved nine,” when in 1937 the court narrowly avoided President Franklin D. Roosevelt’s plan to change the makeup of the court by unexpectedly upholding the constitutionality of New Deal legislation. And he posits that much of the contentious legal wrangling of the past half-century can be seen as a backlash to the Warren Court’s decisions like Brown v. Board of Education.
Waldman, a constitutional lawyer who is the president and CEO of the Brennan Center for Justice at the New York University School of Law and a former speechwriter for President Bill Clinton, says that over the period of three days in June 2022, “the Supreme Court changed America.” With decisions overturning Roe v. Wade, loosening gun restrictions and reducing the authority of the Environmental Protection Agency, Waldman argues that the court’s six conservative justices signaled a sea change for the court. He warns that the change from a 5-4 ideological balance to what he terms a “supermajority” of conservative justices will mean a more turbulent relationship between the public and the Supreme Court.
In this episode, Waldman shares his thoughts on the position of Chief Justice Roberts in the new balance, his advice on how the public can respond when the Supreme Court acts in opposition to the public will, and a counter-intuitive theory on why having more former politicians on the Supreme Court might have made the court less politically divisive.
With the current exam, candidates have a 90% chance of passing, if they follow the advice of their law schools’ academic support staff.When the National Conference of Bar Examiners launches a revamped version of the bar exam in 2026, called the NextGen bar exam, it is expected that there will be new assessments on skills including legal research, investigation and client counseling. And that could mean less focus on memorization for candidates. Or not, says Mike Sims, president of the test prep group BARBRI.
In The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic, University of Texas law professor Stephen Vladeck argues the U.S. Supreme Court is expanding its powers at the expense of the rule of law and public transparency.A case ordinarily comes before the U.S. Supreme Court after a long appellate process; receives a public hearing where the case is argued before the justices; then a signed opinion or series of opinions and a majority ruling are issued, which generally comes months after oral arguments—and years after a matter first entered the court system. Given the limited length of each Supreme Court term, there has always been the need for an alternative form of response when the court is not in session or a swift response was absolutely necessary. The vast bulk of those occasions have been in capital cases, where a last-minute appeal might be the difference between life and death.But since 2017, the U.S. Supreme Court has issued many more emergency orders than at any time previously, and on matters ranging from election law to immigration bans, from abortion access to COVID-19 restrictions on public gatherings.By issuing unsigned majority emergency orders rather than signed majority opinions, Vladeck says the court is establishing precedents without supplying the legal reasonings behind its rulings. During a time when the U.S. Supreme Court and individual justices are being criticized for not abiding by a clear judicial code of ethics, Vladeck argues the secretive nature of the shadow docket will only further undermine public trust in the rule of law.In this episode of the Modern Law Library, Vladeck discusses with the ABA Journal’s Lee Rawles the origin of the term “shadow docket,” the dangers he sees for the court and the country, and what remedies may be available to the republic.
There are plenty of judicial analytics and litigation prediction tools on the market. They may have differences in execution and focus, but the general rule of thumb is that they look at a judge’s past rulings and opinions to predict how that judge might rule on a similar motion or case in the future. For instance, you can look up how a particular judge on prior motions to dismiss on certain employment discrimination cases to get an idea how they might rule on a similar one currently pending in their courtroom. That knowledge can be important for lawyers.
As chunks of the Berlin Wall were being torn down by jubilant crowds on November 9, 1989, James Silkenat was serving his term as chair of the ABA International Law Section. But he is the first to admit he did not immediately anticipate what that event would mean for the Cold War, or that monumental changes that soon be taking place across Europe and Central Asia. It was that event, however, that spurred discussions within the section about the need to help support countries working to establish a new rule of law. And those discussions would lead to a global volunteer effort spanning more than 100 countries over the next three decades.In Building the Rule of Law: Firsthand Accounts from a Thirty-Year Global Campaign, dozens of those volunteers share their experiences from what began as the ABA Central European and Eurasian Law Initiative (known as CEELI) in the 1990s to the expansion into the ABA Rule of Law Initiative (known as ROLI), which now operates with five divisions covering Africa; Asia and the Pacific; Europe and Eurasia; Middle East and North Africa; and Latin America and the Caribbean. From fighting gender-based violence in Jordan to advising on judicial ethics in Kazakhstan to advocating for the rights of journalists in Indonesia, ROLI is involved in a myriad of efforts that have been supported by hundreds of volunteers as well as staff.The first-person narratives in Building the Rule of Law range from heart-rending accounts of helping to catalog war crimes to slapstick misunderstandings in foreign taxi cabs, and were compiled by editors Silkenat and Gerald W. Libby, who is also a past chair of the International Law Section. In this episode of the Modern Law Library, Silkenat speaks about the project of compiling these histories and personal photographs, but also about how he has been changed by his work with ROLI. Silkenat, who served as ABA president from 2013-2014, is still heavily involved in ROLI, and returned from a volunteer trip to Zambia the day before the recording.As for why so many lawyers, judges, and even U.S. Supreme Court justices wanted to volunteer their time for ROLI initiatives, Silkenat says there were a number of motivations. "Many saw a chance to help shape legal systems of countries that would later become leading players on the global stage," he told the ABA Journal's Lee Rawles. "Many were motivated, in part, by the interest in public service that originally caused them to go to law school. Other volunteers wanted the chance to experience life abroad with a specific professional goal to accomplish, and finally, many were encouraged to participate by the very persuasive views of CEELI/ROLI's early leaders. If Justice [Sandra Day] O'Connor and Secretary of State [Madeleine] Albright thought this was a good activity, then maybe it was something to be pursued seriously."In this episode, Silkenat and Rawles also discuss concerns about the strength of the rule of law in the United States, the World Justice Project's tracking of the rule of law around the world (the United States was ranked 26th out of 140 in the group's last report), and opportunities for other legal professionals to become involved in ROLI or other rule of law projects.
In the criminal justice world, pig butchering refers to bacon—but not literally. Instead, it’s a term used to describe scamming someone online out of all their money through promises of romance and cryptocurrency windfalls, says Erin West, a prosecutor in the Santa Clara County, California, district attorney’s office.
Heather Terrell, who writes under the pen name Marie Benedict, has written about novelist Agatha Christie in The Mystery of Mrs. Christie, and in Lady Clementine, she looked back on the life of Winston Churchill’s wife, Clementine Churchill. Now, in her historical novel The Mitford Affair, she has turned her attention to three English sisters—Unity, Nancy and Diana Mitford—with the rise of Nazi Germany as a backdrop.
Many of us still get a chill running down our spines when we hear about bank failures and bailouts. After all, it was less than 15 years ago when we went through one of the worst economic disasters in history, and institutions such as Bear Stearns, Lehman Brothers Inc., American International Group Inc. and others became famous for the wrong reasons. The Great Recession took years to recover from, and some of its effects can still be felt to this day.
Bruce Jackson grew up shuttling between Brooklyn and Manhattan public housing projects. His journey led him to Hofstra University, then Georgetown Law. He ditched a white-shoe firm job to launch a career in entertainment law, and represented some of the hottest hip-hop and rap artists in the 1990s. When Napster changed the music industry, Jackson left for Seattle and Microsoft, where he traded in his sharp suits for polos and khakis, and sick beats for mosh pits–briefly. As he tells the ABA Journal’s Lee Rawles in this episode of the Modern Law Library, one exposure to a Seattle grunge concert had him packing his bags to return to New York City.But Jackson didn’t leave Microsoft—where he now serves as an associate general counsel—and a major focus of his career at the company has been to increase the tech giant’s diversity, equity and inclusion efforts. In Never Far From Home: My Journey from Brooklyn to Hip Hop, Microsoft, and the Law, Jackson reflects on the people and programs that made his own career possible, and is unflinching about the dangers he faced, the racism he encountered, and the mistakes he made in his personal life as he pursued professional success. Jackson tells Rawles that before demanding others share their stories with us, it important to tell our truths as well.In this episode of the podcast, Jackson shares how his childhood love of musical theater dovetailed with his skill at accountancy and tax law while representing his clients in the hip-hop music scene. He discusses his top tips for improving the diversity pipeline within organizations, and reflects on finding commonality with people from entirely different backgrounds to his own.
The 1964 decision in New York Times v. Sullivan protected the civil rights movement, established the “actual malice” standard, and is the basis for modern American libel law. But in recent years, criticism of the case has grown among conservatives, with U.S. Supreme Court Justice Clarence Thomas calling it “policy-driven decisions masquerading as constitutional law” and suggesting that the decision should be reconsidered.In her new book Actual Malice: Freedom of the Press and Civil Rights in New York Times v. Sullivan, law professor Samantha Barbas uses archival documents to shine light on the history behind the case, and introduces readers to the pivotal figures involved. She outlines the path libel law jurisprudence had taken prior to 1964, and explains why the New York Times v. Sullivan case was such a departure.In this episode of the Modern Law Library, Barbas tells the ABA Journal’s Lee Rawles about the curious journalistic spat that led to the litigation, as well as the legal tactics used by the pro-segregationists who brought the suit. Barbas also gives listeners a glimpse at the complex and sometimes counterintuitive characters involved in New York Times v. Sullivan, explains the stakes the case holds for the 21st century, and shares the story of perhaps the only lawyer who’s ever had to argue before the Supreme Court without wearing any socks.
As rises in Chicago carjackings continue to increase fear among many residents, Cliff Nellis, an attorney and pastor who founded the Lawndale Christian Legal Center, says his nonprofit group represents a fair amount of young people charged with the crime.
In November, when OpenAI unleashed the newest, most advanced version of its chatbot, ChatGPT, it immediately captured the imagination. So far, it’s been a hit. Casetext launched CoCounsel earlier this month, and it functions as a legal assistant, helping users draft all sorts of legal documents. Users can utilize CoCounsel to help draft briefs, compose research memos, draw up contracts and analyze them, and write correspondence—all by typing their questions or requests into a prompt.
When Lauren Stiller Rikleen was approached in 2020 by the ABA Judicial Division to help compile autobiographical stories from women judges in America, a powerful motivating factor for her was to capture stories of the barriers the judges overcame in their own words.Rikleen, a former law firm partner and consultant who writes and speaks about the importance of cross-generational communication, tells the ABA Journal’s Lee Rawles that she hopes millennial and Gen Z readers will benefit from the reflections of women judges from the Silent Generation, baby boomers and Gen X. Some of the challenges they faced will not similarly impede younger generations, but other obstacles are familiar, formidable and still present.“[E]ven as gains are made, biases are deep and systemic, requiring the vigilance of every generation to continue the difficult work of achieving full equity for all,” Rikleen writes in her introduction to Her Honor: Stories of Challenge and Triumph from Women Judges.Bookended by essays about the former Justice Sandra Day O’Connor and the late Justice Ruth Bader Ginsburg, Her Honor compiles reflections by the living jurists or essays about the lives of judges who have passed on. The 25 women jurists are all honorees of the Margaret Brent Women Lawyers of Achievement Awards, selected by the Commission on Women in the Profession. Rikleen herself has received a Margaret Brent award, and says it was a fair-handed way to narrow down participants. Past Margaret Brent honorees who also contributed to Her Honor include previous guests of the Modern Law Library podcast, Judge Bernice Bouie Donald and Judge M. Margaret McKeown. The judges write about the paths they took to the judiciary; their struggles to balance their work and personal lives; the people who mentored and encouraged them; and their triumphs and regrets.“They are different in every particular, yet what unites them in the aggregate is profound: This is a book about imagination, and what it took and still takes for women, and by extension other minorities invisible to the Constitution and the law, to imagine themselves into a structure that didn’t include them,” Dahlia Lithwick, senior legal correspondent at Slate, wrote in the forward to the book.In addition to discussing Her Honor, Rikleen and Rawles get into another project to which Rikleen has devoted her time. She is the executive director of Lawyers Defending American Democracy, a nonprofit, nonpartisan group that works to uphold democratic norms and the rule of law. They also discuss the “three Cs” promoted by ABA President Deborah Enix-Ross: civics, civility and collaboration.
Jessica Bednarz has spent much of her career representing people, researching access-to-justice issues and using that knowledge to try to find better ways to deliver legal services. That includes using what’s known as “design thinking” for developing client service programs.
Some American patriotic myths are harmless; George Washington may have chopped down a cherry tree at some point in his life, but the popular story told to children where young George fesses up to the deed by saying “I cannot tell a lie” is made up from whole cloth. However, there are much more pernicious lies and misinformation circulated about our past as a country, and that misinformation is used for political ends.Princeton University historians Kevin M. Kruse and Julian E. Zelizer say they have been alarmed about this uptick in misinformation, censorship and rewriting of history. Having previously co-written Fault Lines: A History of the United States Since 1974, they decided to partner as editors of a book responding to this wave of false history. They commissioned a number of other prominent historians to contribute, and the result is Myth America: Historians Take On the Biggest Legends and Lies About Our Past.In this episode of the Modern Law Library, Kruse and Zelizer speak with the ABA Journal’s Lee Rawles about how their project began and what they see as the greatest challenges facing modern historians. They offer tips on how to evaluate claims about history as a non-historian. They also discuss one of the most pervasive myths in the legal community: the true importance of Federalist Paper No. 10.
One of the biggest and longest-running legal technology shows in the country, the ABA Techshow, is right around the corner. From March 1 to 4, thousands of lawyers, legal professionals and vendors will descend upon Chicago to talk about technology.
When former lawyer and bestselling author Meg Gardiner teamed up with Michael Mann for the follow-up novel to his 1995 crime thriller movie Heat, working with the legendary filmmaker was an eye-opener. “All the legends about his proclivities for research are accurate,” Gardiner told the ABA Journal's Matt Reynolds. “If you want to find out how to perform a tunnel heist in a Chicago bank, you better get a bank robber on the phone and chat with him for a couple of hours.”
In the 35 years that Jayne Conroy has been a lawyer, she’s spent the entire time in private practice doing civil litigation and has tried more than 70 cases. Conroy’s work includes leading some of the multidistrict litigation involving opiates with jury trials around the country. Through that, she’s seen juries and judges change their minds about addiction and responsibilities. Her next target is social media.
In Anne Bremner’s work as a Seattle-based trial attorney, she saw a disturbing pattern—that high-profile cases often trending on Twitter challenge the concept “innocent until proven guilty,” as cases are tried online, as well as in courtroom proceedings. In this episode, the ABA Journal's Julianne Hill speaks to Bremner about the case of Amanda Knox and why it prompted her to write Justice in the Age of Judgment: From Amanda Knox to Kyle Rittenhouse and the Battle for Due Process in the Digital Age.
How do you dominate local search?How has Google My Business changed drastically over the years? Is it really enough to try and rank organically?Joining me for this conversation is Stormy Knight.With 27 years experience in search engine optimization, you would think that Stormy Knight would have a mumbo jumbo pile of technical complexity to share. But instead she has distilled all of her experience down to the simple basics that any small business person can understand and implement.Having worked as a speaker for the launch program for Google My Business, Stormy knows what small business owners want to hear. Make it understandable and make it implementable is her motto.
What are privacy policy best practices?What are the differences between privacy policies, cookie policies and terms and conditions?How can you ensure you’re compliant with the correct policies in your country?Donata Stroink-Skillrud is an attorney licensed in Illinois and a Certified Information Privacy Professional. She is the President and Legal Engineer behind Termageddon, a SaaS that has generated thousands of website policies and kept them up to date with changing legislation. Donata is the Chair of the American Bar Association’s ePrivacy Committee, SciTech Liaison to the ABA Cybersecurity Legal Task Force and Chair of the Chicago Bar Association’s Privacy and Cybersecurity Committee.
What story should you tell?What makes you a great storyteller and communicator? How do you get your story across while keeping your audience’s interest and speaking to what they want to hear from you?Joining me for this conversation is Karen Eber.Karen Eber is an international consultant, author, and keynote speaker. Her talk on TED.com: How your brain responds to stories – and why they’re crucial for leaders, has almost 2 million views.As the CEO and Chief Storyteller of Eber Leadership Group, Karen helps companies reimagine and evolve how they build leaders and teams, transform culture, and tell stories. Karen works with Fortune 500 companies and universities like General Electric, Microsoft, Facebook, Kate Spade, MIT and London School of Business.She has inspired many through her articles published in Fast Company. Karen has 20+ years of experience and has been a Head of Culture, Chief Learning Officer and Head of Leadership Development at General Electric and Deloitte. She is a four-time American Training and Development winner. She is writing a book on storytelling, to be published with HarperCollins in 2023.
Is balance realistic for lawyers?How can lawyers create space in their lives for work, family, vacations, and living fully, with clients and scaling their practice?Joining me for this conversation is Steve Fretzin.Driven, focused and passionate about helping attorneys to reach their full potential, Steve Fretzin is regarded as the premier coach, skills trainer and keynote speaker on business development for attorneys. Over the past 17 years, Steve Fretzin has devoted his career to helping lawyers master the art of business development to achieve their business goals and the peace of mind that comes with developing a successful law practice. In addition to writing four books on legal marketing and business development, Steve has a highly rated podcast BE THAT LAWYER and has been featured in the Chicago Tribune, Crain’s and Entrepreneur.com. He has appeared on NBC News, WGN Radio and has written articles for Legal Business World, Attorney at Law Magazine, the National Law Review, the American Bar Association, and the Illinois State Bar Association. You can also find his monthly column in the Chicago Daily Law Bulletin.
For some academics, researching, writing, editing and publishing a scholarly piece of work can take months, if not years, of painstaking effort, diligent commitment and rage-inducing frustration. In December, Andrew Perlman, the dean of the Suffolk University Law School, authored one in less time than it takes to watch an episode of the Game of Thrones prequel series House of the Dragon.
Lawyer and author James Grippando made a name for himself writing legal thrillers, including the bestselling series of novels featuring Miami criminal defense attorney Jack Swyteck. He wanted to try something a little different for his new novel, Code 6, and explore the dangers of big data and tech.
Attorneys often expect incarcerated clients to lie and vice versa, says Derrick Hamilton, who served more than 20 years of a second-degree murder sentence. Those outlooks don’t help build good attorney-client relationships, according to Hamilton, who now works with students at the Yeshiva University Benjamin N. Cardozo School of Law’s Perlmutter Center for Legal Justice.
Since childhood, Wendy Tamis Robbins experienced debilitating anxiety and panic attacks. Her perfectionism pushed her to achieve in sports and academics, and her high level of achievement masked her mental anguish from public view. While she found success in her legal and political careers, Robbins was negotiating with her own brain to get through her days, minute by minute.Robbins began writing her memoir, The Box: An Invitation to Freedom from Anxiety, while still in the process of recovery. It began as a series of writing exercises she used to make sense of her meditation practices. But it became an investigation into the mental and emotional barriers she constructed since childhood to protect herself–and a blueprint for dismantling the barriers that no longer served her.In this episode of the Modern Law Library, the ABA Journal's Lee Rawles talks to Robbins about dealing with anxiety in law school and law practice; the positive reaction at her law firm when she opened up about her mental health struggles; and what Robbins finds unhelpful about self-help books. They discuss the difference between being "productive" and being mentally well, and how Robbins overcame her aversion to mindfulness as part of her healing process. They also talk about how people with anxiety respond when the dangers they perceive are real, such as during the COVID-19 pandemic.In the months since the 2021 publication of The Box, Robbins has also dealt with a cancer diagnosis and many career changes, and she shares updates on her progress and projects.
Legal operations handle a lot of the business and technological stuff that many lawyers either aren’t trained to handle or don’t want to deal with. All so lawyers can focus on practicing law and representing their clients to the best of their abilities.
In our annual Year in Review episode, Lee Rawles speaks to her ABA Journal colleagues Blair Chavis, Julianne Hill and Stephanie Francis Ward to find out how they spent their downtime in 2022.We cover the usual lineup of our favorite books, movies and TV shows, but each participant also provides more niche content. Hill, who recently joined the Journal full-time after freelancing for the magazine, has a background in film, and she shares her favorite documentary projects she watched in 2022. Chavis, a dedicated home cook, shares her favorite recipe sources for making meals with her partner. Ward, the host of the Journal's Asked & Answered podcast, has podcast picks for those who like a little gossip and spice to their stories. And Rawles, who has been on a mystery kick, shares the series of audiobooks she's been listening to for the past few months.Do you have own favorites, or suggestions for what the Modern Law Library should be reading in 2023? Email them to us at books@abajournal.com, and you may hear them featured in a future episode.
Miriam Aroni Krinsky worked as a prosecutor in Los Angeles County in the 1980s and 1990s as the War on Drugs was waged. Mandatory minimum sentences and tough-on-crime laws sent prison populations soaring and ripped apart families and communities. Krinsky believed that change was needed–and that it could come from prosecutors themselves.
In 2016, she tells the ABA Journal's Lee Rawles, there was enough of a political movement behind the idea of reform prosecutors that the nonprofit Fair and Just Prosecution was founded to help elected local prosecutors promote "a justice system grounded in fairness, equity, compassion and fiscal responsibility." Krinsky became its executive director.
Over the course of two years, Krinsky interviewed 13 elected prosecutors from a variety of different backgrounds who share the dream of reforming the criminal justice system. These oral histories were then paired with portraits of those prosecutors created by formerly incarcerated artists thanks to a partnership with Mural Arts Philadelphia. It became the book Change From Within: Reimagining the 21st-Century Prosecutor.
In this episode, Krinsky discusses insights from the election cycles FJP has observed; the difficulty of producing a book like Change From Within during the COVID-19 pandemic; and some of her favorite anecdotes she learned from the prosecutors she interviewed. She also responds to critics of the concept of reform prosecutors from both the tough-on-crime advocates and abolitionists who object to the carceral system entirely. Krinsky explains how prosecutors' discretionary power can be used to avert injustice in the system, and urges young lawyers and law students to consider that career path in addition to public defense positions to battle injustice.
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.
In the summer of 2020, when the murder of George Floyd was igniting protests in Minneapolis and around the country, it occurred to Margaret A. Burnham that “George Floyd” was a common-sounding name. Burnham is the founder and director of the Civil Rights and Restorative Justice Project at the Northwestern University School of Law, where she is also a professor.
She went into the CRRJ’s archive of Jim Crow racial homicides, and a search revealed another George Floyd. The account of the jailhouse death of this first George Floyd appeared in a 1945 letter to Thurgood Marshall from a Floridian chapter of the NAACP. Floyd, a 46-year-old turpentine worker, was arrested in St. Augustine, Florida, accused of public intoxication. When Floyd protested a second search of his person at the local jail, he was beaten to death by the arresting officer. Aside from a coroner’s report, Burnham and her colleagues could find no evidence that the officer who killed Floyd in 1945 faced any investigation.
“It was not entirely unforeseeable that we would find this name-fellow in our archive, pleading to be exhumed and put in conversation with the iconic inspiration for what would come to be known as the 2020 ‘reckoning’ with Black death at the hands of the state,” writes Burnham in her new book,By Hands Now Known: Jim Crow’s Legal Executioners. “We count, and contest, because George Floyd counted. Number 1. And Number 2.”
InBy Hands Now Known, Burnham looks at three interrelated themes: The way the federal government enabled the subjugation of Black Americans through both action and inaction; the relationship between racial violence and political power; and community resistance to Jim Crow that predates the “official” Civil Rights Era from 1954 to 1967.
Burnham’s first chapter examines one such area that shows elements of all three themes: Rendition cases gave attorneys the opportunity to try to prevent the extradition of Black men and women to jurisdictions where they faced lynching or other violence. William Henry Huff, a Black lawyer in Illinois, successfully handled 77 such cases, Burnham found in her research.
In this episode of the Modern Law Library, Burnham discusses her book with the ABA Journal’s Lee Rawles. She describes talking to family members of victims who never thought the full story of their loved ones’ deaths would ever be told; the way shopkeepers or bus drivers were essentially deputized to violently enforce rules against Black people in the South; and how her work in 1990s South Africa with truth and reconciliation efforts impacts her view of the potential for reparations efforts in the United States. She also contends that the lack of enforcement made the kidnapping of Black people by white people not a criminal offense, regardless of what laws were on the books.
Burnham, along with her partner Melissa Nobles of the Massachusetts Institute of Technology, has also made her research available through the CRRJ’s Burnham-Nobles Digital Archive. Primary source documents such as FBI interviews, news articles and jury inquests into anti-Black killings in the American South during the early to mid-20th century are available, as well as more than 900 case pages for individual incidents.
There hasn’t been much progress when it comes to driverless cars. Most major car manufacturers have sunk hundreds of billions into developing and testing driverless cars; yet the finish line seems to be nowhere in sight. So what happened?
Is balance realistic for lawyers?
How can lawyers create space in their lives for work, family, vacations, and living fully, with clients and scaling their practice?
Joining me for this conversation is Steve Fretzin.
Driven, focused and passionate about helping attorneys to reach their full potential, Steve Fretzin is regarded as the premier coach, skills trainer and keynote speaker on business development for attorneys. Over the past 17 years, Steve Fretzin has devoted his career to helping lawyers master the art of business development to achieve their business goals and the peace of mind that comes with developing a successful law practice.
In addition to writing four books on legal marketing and business development, Steve has a highly rated podcast BE THAT LAWYER and has been featured in the Chicago Tribune, Crain’s and Entrepreneur.com. He has appeared on NBC News, WGN Radio and has written articles for Legal Business World, Attorney at Law Magazine, the National Law Review, the American Bar Association, and the Illinois State Bar Association. You can also find his monthly column in the Chicago Daily Law Bulletin.
Steve gives listeners actionable tips on:
[1:55] Business development vs. marketing [4:40] Why sales can feel so icky [7:40] How to find balance between all of the moving pieces of being a lawyer and running a firm [12:40] How to re-plan and re-evaluate as business changes [16:40] Putting systems and programs in place to create more balance [22:55] The power of delegating
Resources mentioned in this episode:
Getting Things Done by David Allen
What measures of success matter most when it comes to marketing efforts and lead conversion?
How do lawyers know which metrics they should be paying attention to, and which ones simply aren’t worth worrying about?
Joining me for this conversation is Mark Graban.
Mark is an author, speaker, consultant, and podcaster. His podcasts include “Lean Blog Interviews,” “Habitual Excellence,” and “My Favorite Mistake.” He’s also affiliated with the technology company KaiNexus and the healthcare advisory firm Value Capture. His books include his most recent, titled “Measures of Success: React Less, Lead Better, Improve More.” He has a BS in industrial engineering from Northwestern University and an MS and an MBA from MIT.
Mark gives listeners actionable tips on:
[2:00] The traditional definition of performance metrics and the clean operational experience [5:15] The Japanese Kaizen Model [10:40] What we should be measuring and why it matters [14:55] Using intake forms to measure success rates [24:35] The statistics you don’t need to pay attention to [37:45] Mark’s book review Resources mentioned in this episode:
Understanding Variation by Donald Wheeler Book Yourself Solid by Michael Port
Why are smart lawyers so bad at conversation?
What makes one person excellent at conversation and another terrible? Does it come down to listening? And are there ways to develop these skills?
Joining me for this conversation is Celeste Headlee, an internationally recognized journalist and radio host, professional speaker and author of bestselling book We Need To Talk: How To Have Conversations That Matter and Do Nothing: How to Break Away from Overworking, Overdoing, and Underliving. Her latest is Speaking of Race: Why Everyone Needs to Talk About Racism and How to Do It. Her TEDx Talk, 10 Ways to Have a Better Conversation, has been viewed over 34 million times.
In her 20-year career in public radio, Celeste has been the Executive Producer of On Second Thought at Georgia Public Broadcasting and anchored programs including Tell Me More, Talk of the Nation, Here and Now, All Things Considered, and Weekend Edition. She also served as co-host of the national morning news show, The Takeaway, from PRI and WNYC, and anchored presidential coverage in 2012 for PBS World Channel. Celeste is a regular guest host on NPR and American Public Media. She is the host of Newsweek’s “Debate” podcast, and hosts a podcast for the National Gallery of Art called “Sound Thoughts on Art.” She is also the host of “Women Amplified,” a podcast from the Conferences for Women, the largest network of women’s conferences in the nation, drawing more than 50,000 people to its annual events. Celeste is also the president and CEO of Headway DEI, a non-profit that works to bring racial justice and equity to journalism and media through targeted training and interventions, and she serves on the board for the National Center of Race Amity.
Celeste is the granddaughter of composer William Grant Still, known as the Dean of Black American Composers and she is a trained operatic soprano. She lives in the DC area with rescue dog, Samus.
Celeste gives listeners actionable tips on:
[1:25] Are we born as ‘conversationalists’? [2:40] Why the smartest people are often the worst at conversation [4:05] The different types of conversations [14:40] The three components of compassion [17:10] Why having good conversation matters [24:30] Top tips to become a better listener [28:25] How to get other people to trust you [30:30] Celeste’s book review Resources mentioned in this episode:
Mindwise by Nicholas Epley
How can law firms rethink lead generation?
What are the changes and tweaks you can make to your current strategy?
Tom Shapiro joins me for a conversation about creating a lead generation strategy that works for your business.
Tom is CEO of Stratabeat, a B2B marketing agency specializing in SEO, content development, content marketing, web design, account-based marketing (ABM), and conversion optimization. Through his career, Shapiro’s clients have included Intel, GE, AT&T, Hewlett-Packard, UnitedHealthcare, and P&G.
Previously, Shapiro was the Director of Digital Strategy at iProspect. During his five years at the agency, the number of employees grew from 85 to 700+. With a passion for neuroscience and behavioral science, Shapiro’s insights have been published in Chief Marketer, CMO.com, CNN.com, Forbes, and MarketingProfs. Shapiro is the author of the books “Rethink Lead Generation: Advanced Strategies to Generate More Leads for Your Business” and “Rethink Your Marketing: 7 Strategies to Unleash Revenue Growth,” both available on Amazon.
Tom gives listeners actionable tips on:
[4:50] How to think about lead generation differently [8:05] How to be creative with your message [16:45] Lateral thinking vs. logical thinking [22:30] Tips for SEO as it relates to lead generation [25:35] The importance of persona research [29:25] Tom’s book recommendation Resources mentioned in this episode:
Impossible to Ignore by Carmen Simon
As marketing trends continue to evolve, what’s next when it comes to digital marketing?
Do you need to be on every single platform? How do you know if your content is landing for your client?
Joining me for this conversation is Jessica Aries.
Jessica is a digital marketing strategist and consultant who helps businesses and firms see the bottom-line impact of their online presence at By Aries. Having worked with some of the most prestigious and sought-after consultants, lawyers, and professionals in the world, Jessica leverages her experience at high-end and volume-based law firms to create better strategies in digital marketing for her clients. An internationally recognized marketer, Jessica enjoys helping her clients elevate their digital marketing into the era of hashtags with digital strategies that achieve results.
Jessica has been honored to be awarded and nominated for numerous business and professional awards. In 2015 she was named the Legal Marketing Association’s Rising Star. Jessica earned her LL.M. in Information Technology and Privacy Law and her J.D. from UIC: The John Marshall Law School and her Bachelors of Arts from The University of Texas at Austin.
Jessica gives listeners actionable tips on:
[2:50] The leading industry to watch when it comes to digital marketing trends [4:25] The biggest trend to watch right now [6:10] Marketing in the Metaverse [14:30] TikTok and the power of short form video content [16:15] Tips to script content to keep it short [20:20] Why you should never copy your competitor’s strategy [23:50] How to create a digital marketing plan with flexibility [27:05] Jessica’s book recommendation Resources mentioned in this episode:
The Analytical Marketer by Adele Sweetwood
Why is it so hard to be a happy lawyer?
It’s no secret that being a lawyer is challenging. There are incredibly long nights, many deliverables, and for high achievers, it can become overwhelming. In fact, many lawyers struggle with their unhappiness in silence.
Joining me for this conversation is Dannie De Novo.
Dannie is a corporate attorney, an elite happiness coach, and an international speaker and bestselling author. After having battled depression and anxiety for most of her early life, Dannie set out on a course to learn what true happiness was for her and for the sake of her baby girl. Now, Dannie regularly appears on TV news and talk shows as an expert on creating happiness and purpose, combating loneliness and depression, and managing anxiety.
Dannie gives listeners actionable tips on:
[3:30] Navigating mental health struggles from a young age and going in and out of institutions [14:10] Why driven, high achievers tend to be unhappier [17:30] Changes you can make in your life to find more fulfillment [20:55] Tips for lawyers to get out of that mentally tough place [32:10] Dannie’s book recommendation
How can lawyers build communities with live streaming?
Do you have a live streaming strategy as part of your marketing plan? What’s the value of showing up live, and how does it translate into paying clients?
This is what we’re covering in this episode.
Stephanie Liu is the founder of Captivate on Command® and the host of Lights, Camera, Live® where she helps brands succeed on camera. As a Master Neuro Linguistic Programming (NLP) Practitioner, Trainer, and ad agency veteran, Stephanie combines her marketing experience to help individuals communicate with confidence so they can ignite their ideas and be brilliant for prospects and customers alike. Named as one of the Top 50 Digital Marketing Thought Leaders by the University of Missouri St. Louis, her work has been recognized and awarded by Forbes, Online Marketing Media And Advertising, PR Daily, Forrester, and Gartner 1to1 Media.
Stephanie is the host of Lights, Camera, Live, and the co-founder of Leap Into Live Streaming Bootcamp. She has spoken at Social Media Marketing World, VidCon, Podcast Movement, and many more. Stephanie is the co-author of the forthcoming book, The Ultimate Guide to Social Media, due out on bookshelves in August 2020 by Entrepreneur Press. She lives in San Diego, CA.
Stephanie gives listeners actionable tips on:
[1:05] The power of live streaming [3:10] Why live streaming is ultimately about connection [4:10] How to know who you’re talking to in a live [7:25] Which platforms are best for live streaming [12:30] What to do if the audience doesn’t engage in your live [16:30] How live streams can translate into clients and income [21:40] Stephanie’s book recommendation [25:00] The biggest takeaway when it comes to live streaming Resources mentioned in this episode:
Presenting Magically by Tad James
Where do most law firms go wrong with SEO?
One of the hottest topics and biggest marketing trends is leveraging SEO for business growth.
In this episode, Eli Schwartz joins me to talk about SEO from a different angle than we typically speak about. He shares why most firms shouldn’t in fact be prioritizing SEO.
Eli is an SEO expert and consultant with more than a decade of experience working for leading B2B and B2C companies.
His ability to demystify and navigate the SEO process has generated billions of dollars in revenue for some of the internet’s top websites, including such clients as Shutterstock, WordPress, Blue Nile, Quora, and Zendesk.
As head of SurveyMonkey’s SEO team, Schwartz oversaw the company’s global operations, helped launch the first Asia-Pacific office, and grew the company’s organic search from just 1 percent of revenue to a key driver of global revenue. His work has been featured by TechCrunch, Entrepreneur.com, and Y Combinator, and he has given talks at business schools and keynote conferences around the world. His new book is ‘Product-Led SEO: The Why Behind Building Your Organic Growth Strategy‘.
Eli gives listeners actionable tips on: [1:50] What most firms are doing wrong with their SEO [3:50] Why certain firms shouldn’t be doing SEO [6:45] Why SEO isn’t the right kind of approach to managing your marketing [8:30] Which metrics you should be paying attention to [12:35] Content creation tips as it relates to SEO [18:40] Which firms should be doing SEO [21:45] Where firms go wrong with ‘links’ [27:50] Eli’s book recommendation
Resources mentioned in this episode: Million Dollar Consulting by Alan Weiss Product-Led SEO: The Why Behind Building Your Organic Growth Strategy
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.
For any plaintiff who's been injured or any young attorney just starting out in the field of tort law, it can be daunting to calculate what monetary damages–and nonmonetary damages like pain and suffering–they should be asking for if they win a civil trial or are evaluating a settlement offer. Estimating what the future would have looked like if an accident had never occurred can seem more like a thought experiment than a scientific process.
But there is a science behind it, says Dr. Michael Shahnasarian, and he has written a book, The Valuation of Monetary Damages in Injury Cases: A Damages Expert's Perspective, to explain the methodology.
Shahnasarian has a PhD in psychology, and he's focused his practice on vocational rehabilitation and life care planning. As an expert witness, he's participated in at least 5,000 cases, he tells Lee Rawles in this episode of the Modern Law Library podcast. The Valuation of Monetary Damages in Injury Cases walks through the forensic process he and others use to estimate what someone's earning potential might have been without an accident, as well as the amount of money it may take to cover the person's living and healthcare expenses in the future.
In this episode, Shahnasarian offers advice to young lawyers interested in tort cases; gives his expert-witness opinion on how best to reach jurors with information without overwhelming them; and shares with listeners his core beliefs about the value and dignity of work.
Listeners of this podcast can get a 20% discount on The Valuation of Monetary Damages in Injury Cases: A Damages Expert's Perspective by entering the code VMDCDEP22 at checkout at the ABA store. The discount code is valid until 8/31/2023.
The metaverse is all the rage these days. Users can enter a virtual world where they can interact with people from all parts of the physical world, play games, engage in commerce and do a lot of other things. Some law firms have also seen the potential.
Author and lawyer Scott Turow’s latest legal thriller Suspect reintroduces readers to Clarice “Pinky” Granum, the granddaughter of attorney Sandy Stern—a character from the author's novels The Last Trial and his blockbuster debut Presumed Innocent.
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.
In this special two-part episode of the Modern Law Library, the ABA Journal's Lee Rawles speaks with Lisa Napoli, author of Susan, Linda, Nina & Cokie: The Extraordinary Story of the Founding Mothers of NPR, and we hear from Nina Totenberg herself about her new book, Dinners With Ruth: A Memoir on the Power of Friendships. Totenberg appeared at an American Bar Foundation event to celebrate the launch of the Ruth Bader Ginsburg Endowed Fund for Research in Civil Rights & Gender Equality.
The history of National Public Radio, the outlet that made Nina Totenberg a household name, is shorter than many people imagine. Its first broadcast hit the airwaves in 1971. Napoli shares how NPR helped craft the careers of women like Susan Stamberg, Linda Linda Wertheimer, Cokie Roberts and Totenberg, but also how these women helped shape the network and national conversations. Totenberg changed the way the Supreme Court was reported on, says Napoli, and she discusses defining moments of Totenberg’s career.
The second half of the episode is made of highlights from Totenberg’s conversation with E. Thomas Sullivan, the president of the ABF, in front of a Washington, D.C., audience that included former Ginsburg clerks. Totenberg spoke about her book, her friendship with Ruth Bader Ginsburg, and what the justice really thought about the Notorious RBG meme. She reflects on Justice Ginsburg’s relationship with Sandra Day O’Connor; the current “grey” makeup of the U.S. Supreme Court; and why Ginsburg chose not to retire in 2013.
Programmed to communicate as if they were living, breathing people, AI chatbots function by asking you a series of questions and providing you with your available options. Lawyers, law firms and courts have even gotten into the act.
Justice William O. Douglas could be known for his fiery opinions, turbulent personal life and longtime presidential ambitions. But Judge M. Margaret McKeown is shining a light on his groundbreaking environmental advocacy in Citizen Justice: The Environmental Legacy of William O. Douglas—Public Advocate and Conservation Champion.
McKeown, who sits on the San Francisco-based 9th U.S. Circuit Court of Appeals, was on a hike when she came upon a cabin belonging to two friends of the justice, Olaus and Margaret Murie. Learning more about the Muries’ history as environmental advocates and preservationists brought her down the path that led to Citizen Justice, she tells the ABA Journal’s Lee Rawles in this episode of the Modern Law Library.
Seeing himself as entitled to advocate as a citizen for causes he believed in—despite his seat on the U.S. Supreme Court—Douglas did not hesitate to lobby federal agencies and the general public to protect wilderness areas from development. McKeown discusses how this could conflict with the code of ethics that she and other federal judges–but not U.S. Supreme Court justices–are bound by, and the implications for public trust.
Douglas’ childhood in Yakima, Washington, was marked by frailty and illness, but he became an avid outdoorsman and hiker in his adolescence and adulthood, keeping up a brisk clip and covering many miles per day. One of his favorite areas to hike in the Washington, D.C., area was along the disused Chesapeake & Ohio Canal. When the editorial board of the Washington Post advocated for the construction of a parkway on top of the old canal, Douglas wrote a letter strenuously objecting, and invited the editors to join him on a 187-mile hike of the length of the C&O Canal to see the wilderness he wanted to protect. It became the first of his “protest hikes,” and marked one of his favorite methods for convincing others of the importance of conservation: taking people on camping, fishing and hiking trips into wilderness areas.
A loyal New Dealer, one of the few areas of disagreement Douglas had with President Franklin D. Roosevelt was FDR’s bend towards conservation over preservation on public lands, McKeown says. She discusses the development of the conservation and environmental movements, in which Douglas was a powerful player. Douglas was the first justice to even use the word “environmental” in a Supreme Court opinion. She also delves into Douglas’ positions on Native American rights, which were supportive—unless they were pitted against the interests of fish.
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.
Women often back down from conflict. It’s in our nature, but is it in our best interest? Today’s episode offers insight on when to stand down and when to stand your ground when a co-worker gives you a work product that doesn’t meet your expectations, a partner promises you a significant trial opportunity and then gives it to someone else, and opposing counsel is less than cooperative. Tune in for some spicy tips that will help you pick your battles and preserve your reputation.
File the motions. Schedule the depos. Read the records. Prep the exhibits. When should you write your open, directs, crosses, and close? Who is getting the hotel for the expert? And why should you write this all down? This episode outlines key items for your trial prep checklist starting at 60 days, 30 days, two weeks, and one week from the trial date. These scheduling tips will help you reduce stress, meet your deadlines and make time to build your strongest case.
Her house is bigger. He did an expert depo and you haven’t. She’s got four trials in the next two months and you only have one. Does it really matter? Will attaining that thing actually make you happy? And why do we compare ourselves to others and suck the joy out of our own accomplishments? Prepare to examine your own vulnerabilities as we discuss upward and downward comparisons, personal priorities, and strategies to keep unproductive comparisons from living rent-free in our brains.
After 12 years, The Legal Report from Robert Half is gaining a new host. In this episode, Charles Volkert transitions hosting duties to Jamy Sullivan, executive director of Robert Half’s legal talent solutions practice. They discuss the making of the podcast, notable episodes and memorable guests over the years, Chad’s new role, and predict future trends for the legal profession.
It’s no secret that lawyers are asked to attend or preside over many kinds and types of meetings. From attending a professional association’s annual meeting with hundreds of fellow attorneys (as the ABA just held in August) to being asked to chair a non-profit board or preside at an HOA meeting, lawyers are often looked to for guidance. But not everyone has formal training in running a meeting, and there are huge differences between a small firm’s partner meeting with six lawyers in a board room and a Zoom meeting with 3,000 attendees.
The good news–according to author, attorney and parliamentarian Jim Slaughter–is that no matter the size or composition of a meeting, Robert’s Rules of Order has advice for that. But you find the 816-page Robert’s Rules of Order, 12th Editiondaunting, Slaughter has written Robert’s Rules of Order Fast Track to give people a slim and accessible guide, and will soon be releasing Notes and Comments on ‘Robert’s Rules,’ Fifth Edition.
Rather than hindering or slowing down a meeting, Robert’s Rules of Order can provide a structure that heads off potential problems at the pass. In his fast track guide, Slaughter brings up common problem areas and how to deal with them. He and the ABA Journal’s Lee Rawles discuss the viral videos of city council or school board meetings that have gone off the rails with attendees who are deliberately being disruptive. But Slaughter points out that sometimes a meeting participant derails a meeting by virtue of a talkative personality, and that, too, can be addressed by a chair who has a good command ofRobert’s Rules. Abiding by Robert’s Rules can also help groups avoid legal jeopardy.
In this episode of the Modern Law Library, Slaughter and Rawles discuss why a book first written in the 19th century is useful today; best practices for running Zoom or hybrid meetings; the common mistakes Slaughter sees most often; and the misconceptions people have about meeting minutes.
How can lawyers get interviewed in the media?
What are the secret tips to landing incredible media features, becoming a recurring guest expert, and becoming the go-to source in your area of law?
Joining me for this conversation is Robyn Stevens, PR expert.
After fifteen years working as a television reporter and meteorologist in Philadelphia, Robyn Stevens’ experience in the media industry enables her to obtain major media placements for her clients. Robyn creates highly innovative media and marketing strategies that dramatically raise brand awareness and value.
Robyn gives listeners actionable tips on:
[2:00] How to start getting media features [4:30] Tips for aligning your message at the right time [6:00] TV vs. print media coverage [7:50] Pitching tips [11:10] How to start making media connections [14:30] Being a recurring guest expert or contributor vs. landing multiple features [16:30] Secret tips to get media appearances [20:25] How to differentiate yourself from your competition [23:00] Robyn’s book recommendation
Thanks to nearly two-years of COVID-19-related shutdowns and sheltering-in-place orders, working from home has become the new normal. Face-to-face interactions have been replaced by meeting on real-time videoconferencing platforms such as Zoom, FaceTime or Microsoft Teams, while cloud-based collaborative programs have become absolutely vital if any work is to be done.
How can women lawyers be financially empowered?
Why is it important to feel heard, respected, and create boundaries in the workplace?
Sibgongile Ngako joins me on the podcast this week to talk about financial independence and becoming financially empowered.
Sibongile is a Harvard-educated corporate fintech and compliance executive leveraging her expertise and background to help empower women professionally, personally, and financially.
Sibongile gives listeners actionable tips on:
[1:00] Why financial empowerment is particularly important for women [2:20] How to take control of your finances [7:25] Tips to being heard and respected in the workplace [11:10] Knowing our limits and boundaries [16:20] How empowerment plays a big role in long-term aligning of your goals and success [20:10] Sibongile’s book recommendation [24:00] The biggest takeaway from this conversation
It’s time for the Modern Law Library’s summer recommendations episode, where host Lee Rawles shares her pop culture picks with you, plus a re-airing of one of our older episodes that has become relevant again. In this case, it’s a 2018 conversation with Mary Ziegler about her book Beyond Abortion: Roe v. Wade and the Battle for Privacy. Ziegler shares information about other areas of the law in which Roe was used as precedent beyond reproductive rights. Tune in to hear about what Lee has been reading, watching and listening to this summer.
Recommendations:
BOOKS Medicus series by Ruth Downie Sparks & Bainbridge mysteries by Allison Montclair An Elderly Lady is Up to No Good and An Elderly Lady Must Not Be Crossed by Helene Tursten Dial A for Aunties and Four Aunties and a Wedding by Jesse Q. Sutanto Mastering the Art of Soviet Cooking (memoir) and Please to the Table (cookbook) by Anya Von Bremzen How to Keep House While Drowning: A Gentle Approach to Cleaning and Organizing by KC Davis Denali’s Howl: The Deadliest Climbing Disaster on America’s Wildest Peak by Andy Hall New Handbook for a Post-Roe America: The Complete Guide to Abortion Legality, Access, and Practical Support by Robin Marty
MOVIES Everything Everywhere All At Once RRR
PODCASTS Brown History Podcast Dish Get Out Alive The Icebox with Isaac K. Lee: The Book of Lasso Maintenance Phase
TV SHOWS Only Murders in the Building, Hulu Rutherford Falls, Peacock Ms. Marvel, Disney+
To help attorneys understand the particulars on IOLTA accounts, Molly Ranns and JoAnn Hathaway welcome Robinjit Eagleson to answer IOLTA inquiries commonly received by the State Bar of Michigan Ethics Helpline. Robinjit outlines the financial scenarios which require an IOLTA trust account and gives an overview of all the essential things attorneys need to know about proper handling and ethical requirements.
The State Bar of Michigan Ethics Helpline can be reached at (877) 558-4760 or ethics@michbar.org.
Find information on upcoming Trust Account Seminars at: https://www.michbar.org/trustaccounts
Robinjit K. Eagleson is ethics counsel at the State Bar of Michigan.
On the last episode of our The Life of a Lawyer Start to Finish series, we discussed The Business of Law with Attorney Christopher T. Anderson. In this episode, we move on to the next rung of the ladder: Work-Life Balance.
Host Craig Williams is joined by program director for the Lawyers and Judges Assistance Program at the State Bar of Michigan, and co-host of the State Bar of Michigan: On Balance Podcast, Molly Ranns.
Craig and Molly discuss the well-being of an attorney, addressing a lawyer’s workload, the stress of the profession, and how a lawyer can balance their personal and professional life.
Unlike trials, appeals involve different strategies, procedures, and perspective. That’s why understanding how the appellate process works, and the strategies involved to improve your case on appeal is critical to the success of your case and your client.
In this episode of Litigation Radio, host Dave Scriven-Young welcomes trial and appellate litigation expert Lawrence Rosenberg to discuss the ins-and-outs of Appellate Litigation. Don’t miss this special episode as the two discuss:
Tips to Getting Appellate Experience What It’s Like to Argue a Case Before the United States Supreme Court How the Appellate Process Works Practical Strategies for Trial Lawyers and Litigators to Improve a Case on Appeal How to Have a Successful Oral Argument Lawrence Rosenberg is a Trial and Appellate Litigation Partner at Jones Day. For 25 years, Larry has tried cases and argued appeals throughout the country and has been lead counsel in numerous matters in the United States Supreme Court. He has considerable experience in regulatory, statutory and constitutional litigation, intellectual property, antitrust, international litigation, labor and employment, products liability, and securities litigation.
What sources of failure should lawyers plan for? How do we navigate the failures that undoubtedly will come up?
Joining me for this conversation are Drs. Kim and Todd Saxton, award-winning professors at Indiana University’s Kelley School of Business, as well as co-authors of The Titanic Effect, The book is a practical guide to help startup founders, as well as their investors and supporters, successfully navigate the icebergs that so often sink startups in the ideation and early stages of development.
They tap into decades of academic and professional experience in business strategy, entrepreneurship, marketing, market research, and venture-funded startups to help you navigate the “debtbergs” that so often sink early-stage startups.
Drs. Kim and Todd gives listeners actionable tips on:
[2:10] Where to begin with marketing strategy and why it’s the first starting point for law firms [5:00] How to learn and know your worth as a new lawyer [7:15] Why you want to know who you’re talking to in the market [11:15] Planning your business and career goals [17:00] Where most failures happen [22:55] How to find your way while figuring out your strategy [24:45] Knowing which clients are right and meant for you [26:40] Kim and Todd’s book recommendations [34:35] Two big takeaways from this episode
How are lead generation and personal branding the same? Did you know they go hand in hand?
Your personal brand amplifies your lead generation strategy, and helps to build credibility around the ‘know, like and trust’ factor your prospective clients are looking for.
Joining me for this conversation is Mary Henderson.
Mary is an internationally recognised Personal Branding & Online Business Specialist. Mary helps Industry Experts systemise, digitalise and commercialise their knowledge, wisdom and skills into a scalable & profitable online business and a brand so they become an authority in their niche or industry. Mary has 20+ years of experience building 7 & 8 figure businesses & building high-performance sales teams in the IT sector and 15 years delivering online solutions for large and small businesses. She has been featured in many publications and is regarded as a thought leader in the digital sector.
Mary gives listeners actionable tips on:
[1:40] What personal branding is [4:20] How to convert a job description into a persona [10:20] How brand personas relate to lead generation [16:40] Integrating a lead generation strategy [23:30] Staying aligned to your values and mission [25:35] Mary’s book recommendation [27:10] Biggest takeaways from this conversation
Why do you need to read more? This is what we’re exploring in today’s conversation with Dr. Danny Brassell.
There are so many benefits to reading that span wider than we can imagine. Dr. Danny shares that insight with us here.
For nearly three decades, Dr. Danny Brassell has served as an educational advisor to students ranging from preschoolers to rocket scientists. While he has held a variety of titles and worked with leaders from a variety of fields and disciplines, Danny has always considered himself first and foremost a teacher.
A recognized authority on leadership development, motivation and communication skills, Danny has been honored consistently for his strategic intellect and practical solutions. Audiences rave about Danny’s ability to deliver meaningful and memorable messages that are applicable for individuals within all levels of organizations. A gregarious, sought-after author, speaker and business consultant, Danny is characterized by friends, colleagues and clients as one of the most insightful, powerful and compassionate individuals in business today.
Dr. Danny gives listeners actionable tips on:
[6:40] Danny’s process when it comes to reading [11:30] The benefits of reading fiction [21:25] Easy ways to develop a reading habit again [26:30] How to read when you don’t have time [37:10] Biggest takeaway from this episode
How do the mentally strong manage their money?
In a world where it seems like there’s a disconnect between those who have money and those who don’t, are there things we can do on a daily basis to transform our mindset around money?
Joining me for this conversation is Winnie Sun.
Winnie is one of the most trusted financial voices on social media today. With 20+ years of experience in the financial services industry, Winnie serves as Managing Director of Sun Group Wealth Partners, CNBC Financial Advisor Council, Forbes contributor, regular Good Day Los Angeles, host of the Yes Factor podcast, and is also tv host of LevelUp With Winnie Sun on NASDAQ, Amazon Fire, Roku. Her trending business tweetchat averages over 150MM impressions per week.
Winnie gives listeners actionable tips on:
[1:45] Where to start with managing your money [5:50] How to shift your mindset around talking about finances and money [8:30] Tips to manage and keep track of your money [15:00] How to invest smartly [20:00] Why should we start building credit as soon as possible [24:30] Winnie’s book recommendation
How can lawyers be healthier? It’s no secret that the legal industry has a high threshold for burnout. So, is there anything we can do about it?
My guest this week, Julian Hayes II says yes.
Julian is an author, an executive health consultant, and the founder of The Art of Fitness & Life. His mission is to help entrepreneurs, executives, and high performers elevate their status and upgrade their energy and entire human system so they can run around with their great-great-grandchildren—not just see them.
This mission is accomplished through leveraging their unique D.N.A., data-driven health metrics, N of 1 personalized programming, high-tech toys, and a performance team. He’s also the host of Optimal Health for Busy Entrepreneurs and has written extensively at many of the world’s largest publications such as Inc, Entrepreneur, SUCCESS & many more.
Julian gives listeners actionable tips on:
[2:00] The current status of mental health [6:20] The science behind burnout [18:50] Data-driven health metrics [19:40] Biological vs. chronological age [26:25] How to adjust your results through nutrition [34:10] Julian’s book recommendation
How do you build a dream marketing team?
There are two components to having a successful marketing team: a Rainmaker and a Visionary.
Joining me for this conversation is Veronica Romney. Veronica is a Dream Team Architect helping online entrepreneurs dial in their human resources, develop phenomenal company cultures, and profitable bottom lines.
She’s a former Speaker and Trainer for Tony Robbins and Dean Graziosi and the former Chief of Staff of mega-brand BossBabe. She’s no stranger to the stage and has been in the online marketing world for over 13 years, having been featured in places like Forbes, Inc, Huffpost, and more. When she’s not helping her visionary clients scale to 8-figures plus, you can find her wrangling her two man cubs in the beautiful oak trees of North Carolina.
Veronica gives listeners actionable tips on: [3:00] The first hire you should make when it comes to marketing [11:05] How to navigate micromanagement [14:00] How to know if you have a good Rainmaker [16:15] What makes a great marketing team [28:40] Veronica’s book recommendation
Listen to this episode to learn why your law firm can’t ignore website accessibility.
As we continue to advance in technology, we must always remember to create our content, documents and websites in a way that is accessible to people with disabilities. Amber sheds light on many different areas of importance when it comes to accessibility.
Amber is the CEO of Equalize Digital, Inc., a Certified B Corp specializing in WordPress accessibility, maker of the Accessibility Checker plugin, and lead organizer of the WordPress Accessibility Meetup and WP Accessibility Day conference.
Amber gives listeners actionable tips on:
[2:00] Why ignoring website accessibility is a bad strategy [4:10] Developing the Accessibility Checker Plugin Amber and what it checks for [7:40] The importance of accessibility online when it comes to disabilities [17:40] What people are getting sued for for not being accessible online [23:40] Amber’s book recommendation
Even though we are well into 2022, it’s important to keep up with the latest social media trends. It’s why Katie Brinkley joins me on the podcast this week, to talk all about her projections for the rest of this year.
I loved Katie’s approach to social media, in that she doesn’t believe you need to hop on every and all trends.
Katie Brinkley is a Social Media Strategist and Social Audio Expert with over 18 years of experience in the social media space. She has been featured on Fox, Ticker News, Medium, Voyage Denver, and more sharing her strategies on how to gain a consistent strategy to gain new leads using social media. Katie specializes in finding the right social platforms for entrepreneurs to focus on so they can grow their online presence without the overwhelm.
Katie gives listeners actionable tips on: [1:00] How Katie begins to figure out the trends [2:45] Why social media is important [4:00] Why trends even matter [5:30] Creating micro communities [15:10] How audio experiences like Clubhouse changed with the Pandemic and what we learned about watching trends [22:50] Social audio vs. Social media [26:20] Katie’s book recommendation
Where do initial consultation calls go wrong? Consultation calls are an important part of building your practice and firm, but are there crucial mistakes you should be aware of?
Liz Wendling joins me to talk about where most consultations go wrong, and how to fix it.
Liz is the rainmaking attorney coach and the author of The Rainmaking Mindset and Consultations That Convert. Attorneys nationwide seek Liz out when they want to discover how to maximize their business development skills and win more business.
Liz understands the challenges that attorneys are facing when selling their legal services in today’s competitive and post-Covid-19 environment. Using a straightforward and practical approach, Liz teaches attorneys the business development skills they don’t teach in law school.
Liz gives listeners actionable tips on:
[2:10] How to know where consultation calls are going wrong [7:00] Tips for positioning yourself on consultation calls and navigating client questions [12:10] How long a consultation call should take [17:45] Why you need to be selling [20:20] Recommendations Liz makes when doing an audit [24:10] How to highlight your expertise in your bio without being wordy [33:50] Liz’s book recommendation
How do you leverage the power of LinkedIn as a lawyer?
LinkedIn is a powerful tool when it comes to networking and establishing yourself as a thought leader. There are many great features that my guest Allison Nunes goes into in our conversation.
Allison is the Director of Global Events for LinkedIn’s sales org and has been with the company since 2013. In addition to her day job at LinkedIn, she is a workshop ambassador for LinkedIn’s “Rock Your Profile” program which helps members create a profile that showcases their skills, experience and accomplishments. She is a champion for helping people leverage LinkedIn, their networks and share their voice.
Allison has 20+ years of experience in the travel, meetings, event marketing and hospitality industry. She is a frequent global traveler, a fitness enthusiast and a financial wellness advocate.
Allison gives listeners actionable tips on:
[1:35] The first steps in leveraging LinkedIn [5:45] How to optimize your LinkedIn profile [14:00] LinkedIn features, including the ‘Record Your Name’ feature [17:30] Tips to becoming a thought leader on LinkedIn [19:00] The difference between LinkedIn posts and articles [23:00] Understanding LinkedIn’s ‘Creator Mode’ [24:20] LinkedIn’s podcast network [32:00] How to use hashtags on LinkedIn [35:30] Allison’s book recommendation
Are you building an empire or a kingdom?
My guest, Travis Fox, shares this insightful analogy with us when it comes to building a firm that brings you fulfillment every single day.
It comes down to how you show up as the leader of the firm, and also how you stay in your integrity when things get challenging.
Dr. Travis W. Fox is an Actor, Producer, Director, Author & Keynote Speaker. He is a Hollywood veteran who has appeared on a variety of programs, including ABC’s “One Life to Live,” Talk Soup, The Nashville Network, Resorts Networks, and The Golf Channel.
Dr. Fox holds doctorates in both psychology and clinical hypnotherapy and is a highly regarded public speaker. To date, Dr. Fox has made over seven thousand public appearances and lectured over one million people. He is also a renowned psychological sports coach.
Travis gives listeners actionable tips on:
[6:50] The difference between empires and kingdoms [11:50] The importance of having a sales pitch [13:00] The ‘Throne’ of your business metaphor [15:20] How to create effective change [36:10] Travis’ book recommendation
After several collaborations with bestselling author James Patterson, Judge David Ellis of Illinois decided to go it alone for his latest book, Look Closer. In this episode, the ABA Journal's Matt Reynolds talks to Ellis about his Patterson partnership, his own crime fiction and how he balances his judicial work with his writing.
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.
Immigration is an area of law that lends itself well to technological innovations. It is in that intersection in which immigration lawyer Greg Siskind does his work.
How do you build a dream marketing team? There are two components to having a successful marketing team: a Rainmaker and a Visionary.
In Nobody is Protected: How the Border Patrol Became the Most Dangerous Police Force in the United States, geographer Reece Jones argues that Supreme Court precedent, a growing workforce and mission creep have made the U.S. Border Patrol a national police force that operates without appropriate accountability.
In this episode of the Modern Law Library, Jones and the ABA Journal's Lee Rawles discuss the creation of the U.S. Border Patrol in 1924 in the wake of racist immigration laws. Jones shares how a "Wild West" mentality thrived within the service in its early years; how language restricting the Border Patrol's actions to within a "reasonable" distance resulted in a 100-mile border zone; and how two California public defenders in the 1970s brought four critical cases before the U.S. Supreme Court that dealt a heavy blow to Fourth Amendment rights in the border zone.
Jones describes how the original mission of the Border Patrol to curtail illegal immigration expanded to include drug searches and anti-terrorism missions. That mission creep resulted in Border Patrol agents snatching protestors off the streets of Portland, Oregon, during protests after the murder of George Floyd in the summer of 2020.
They also discuss how Border Patrol checkpoints could potentially be used in states that criminalize abortions to control and monitor the travel of pregnant people within the 100-mile border zone.
Even during times less tumultuous than the one we are in now, lawyers as a profession report high levels of stress. Finding the way to keep motivated and healthy on an individual level while fighting systemic problems is no easy task. It was this challenge that lawyers Nora Bergman and Chelsy Castro set out to address in their new book, 50 Lessons for Happy Lawyers.
In this episode of the Modern Law Library, Bergman and Castro share experiences from their respective backgrounds in coaching and psychotherapy, and some of their work creating wellness programming tailored for the legal profession. They intend their book to be a jumping off point for attorneys looking to increase resilience and happiness in their personal and professional lives. Rather than ticking off 50 boxes, the authors encourage readers to look at 50 Lessons for Happy Lawyers to find the lessons that speak to them. (For host Lee Rawles, one of those was the suggestion to make a "to don't" list to remove unnecessary tasks from her plate.)
Tune in to hear Bergman and Castro discuss the research that went into 50 Lessons for Happy Lawyers, the other books in the 50 Lessons for Lawyers series, and their advice for lawyers who are finding it difficult to cope with the stress of their professional and personal lives.
Newly appointed National Legal Aid & Defender Association (NLADA) President and CEO April Frazier Camara shares her goals for the NLADA and the personal history that led her to advocate for access to justice.
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.
Are you struggling with debt? Do you have collectors breathing down your neck, threatening to repossess your property and filing lawsuits against you in court? For many Americans facing this dilemma, their options are fairly limited.
Is there a conservative case for supporting civil legal aid? Prominent conservative and libertarian thought leaders share their perspectives on access-to-justice issues and recent regulatory changes.
The last two years have brought a variety of game-changers to employment law, in large part due to pandemic-era effects on employee/employer relationships. Host Rocky Dhir talks with Tony Campiti and Lawrence Morales about their Annual Meeting presentation on the latest trends and changes in employment law and what Texas lawyers, employers, and employees need to know.
Tony Campiti is a partner and labor and employment attorney in the litigation section at the Holland & Knight, LLP, Dallas office, representing management exclusively in client counseling and litigation.
Lawrence Morales is a partner at The Morales Law Firm, PC, and a certified specialist in Labor and Employment law by the State Bar of Texas, Board of Legal Specialization.
The Fair Pay to Play Act has brought forth a whole slew of changes, questions, and (if we’re honest) confusion to the world of college sports. Laurence Coletti chats with Jeremy Evans about the details of the Act, which now allows college athletes to secure endorsements and sponsorships without losing scholarship eligibility. Jeremy talks about the pros and cons of athletes' new control over marketing their names, images, and likenesses and discusses some of the legal and ethical issues that have arisen since the Fair Pay to Play Act became effective in 2021.
Jeremy M. Evans is the chief entrepreneur officer (CEO), founder & managing attorney at California Sports Lawyer.
This year’s keynote speaker offers a whole new perspective on work, life, mental health, and cross-industry cooperation. Restaurateur Chris Shepherd chats with Rocky Dhir about the challenges of the hospitality industry and how the Southern Smoke Foundation works to provide support for those in crisis.
Chris Shepherd is founding director and honorary chairman of Southern Smoke Foundation.
Every attorney dreads the day a crisis erupts. Because it will. But there are “good ways” and “bad ways” to prepare and react. Pretending it will never happen to you is the “bad way.”
Speakers David Margulies and Bradley Adams are experts in crisis management and communication and spoke at the State Bar of Texas Annual Meeting on what they’ve learned and how attorneys work with public relations teams both before and after a crisis erupts.
Don’t hide, but speak only to the facts you know are facts Social media influencers and mainstream media outlets are part of life. How do you respond, react, and reach out? Is it OK to empathize, sympathize, and even (gasp) apologize?
Hear how to accept a crisis could hit you and understand how early preparation and planning can help.
Generation Z are the new up-and-comers in the legal world. What can we expect from them as they begin contributing to legal processes? From the Annual Meeting, Laurence Coletti talks with conference speakers Laura Graham and Jason Bloom, whose sessions focused on different aspects of Gen Z’s entrance into the legal system. Laura shares highlights from Gen Z: What Kind of Colleagues Will They Be?, delving into this peer group’s unique approach to the profession; and Jason recaps Jury Decision-Making and the Gen Z Juror, explaining how generational perspectives affect trial outcomes.
Laura Graham is a professor of legal writing and director of legal analysis, writing, and research at Wake Forest University School of Law.
Jason Bloom, the founder and President of Bloom Strategic Consulting, Inc., has been a jury consultant for over 20 years
Are you a lawyer who plays League of Legends late at night? A World of Warcraft warrior who engages in courtroom combat during your daytime gig? And have you ever wished you could break into esports on a professional level–whether you're armed with a game controller or a briefcase?
Well, esports is a growing industry, and if you'd like to make it part of your legal practice, a background in gaming can help, says Justin M. Jacobson, author of The Essential Guide to the Business & Law of Esports & Professional Video Gaming. Jacobson started in sports and entertainment law, and he says when representing musicians and athletes, knowing how to engage with your clients and speak in a vernacular they're accustomed to is key to forming a productive–and long-term–relationship with them.
In this episode of the Modern Law Library, Jacobson speaks with the ABA Journal's Lee Rawles about his own career journey into esports management and legal representation, tips for law students on what classes could be useful for this practice niche, and the common mistakes he sees inexperienced clients make.
When writing his manual, Jacobson wanted it to be useful not only to lawyers looking to practice in this area, but also people who are involved in the esports industry in other ways. In addition to a history of the video game contests that eventually developed into the multimillion-dollar esports industry, Jacobson breaks down the major stakeholders in the sector, including the event organizers, the game publishers, the teams and the talent. From contract writing to immigration issues, intellectual property disputes and tax write-offs, The Essential Guide to the Business & Law of Esports & Professional Video Gaming touches on many different areas of law.
Esports athletes or their friends, loved ones and business managers could also be served by Jacobson's clear breakdowns of issues that crop up for professional gamers. Tune in for Jacobson's advice for parents of talented young gamers who are looking to make a career in esports.
As litigators, we’re always looking for tips that will give us the advantage in the courtroom, at our jobs, and in life. The whole law school experience teaches us that being smart and working hard will lead to success. However, this week’s guest firmly believes (and life experience will confirm) that our network is actually the untapped advantage we have in life.
Jordan Harbinger joins this episode to talk about: Why it really is all about Networking for Long-term Success, and the Importance of Having a “Can-Do” Attitude in Life. In this episode, Jordan also discusses his career in podcasting, his past as a lawyer, and how lawyers can build meaningful relationships and influence in the legal community.
In this episode: • Why it really is all about networking and people skills • How to build relationships that brings in business • The value of social capital • The importance of having a “go for it” attitude in life
Jordan Harbinger is a Wall Street lawyer turned podcast interviewer with an approachable style and knack for securing high-profile guests. His podcast, The Jordan Harbinger Show, was selected as part of Apple’s “Best of 2018.”
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.
As the justice system continues to digitize, more data is collected and accessible. This information is often a record of some of the darkest hour. The panel of privacy and data security experts discuss how the shift from paper file storage trades risks to losing the hard copies for unpredictable risks to loss of personal privacy and data being used in unexpected and potentially harmful ways long after their legal issue is resolved.
The speed of innovation in data collection is outpacing the creation of data policies and cybersecurity practices. What are the additional implications to under-served and marginalized communities?
As a lawyer, Michelle Good spent years investigating the trauma that Canada’s residential school system inflicted on Indigenous people. As an author, it took her nine years to write her first novel about the lives of five teenagers who leave a church-run school and coalesce in Eastside Vancouver, British Columbia. For Good, it was imperative that she took her time to get the story right. Her patience paid off.
There are three key concepts to keep in mind during oral arguments. Do you know what they are? Should you hope for a hot bench or a cold bench? And what do you say if the judge asks a question you can’t answer? Find answers to these questions and more in part two of our instructive discussion on appeals and be more confident in front of the bench, whether it’s hot or cold.
Are you thinking about appealing your case even before you go to court? You should. This episode explains how to preserve an error for the record, clarifies when a judgment is actually final, and outlines the major writs to remember. We’ll also review the basic rules of appeal because you can’t win if you don’t know the rules. And when it comes to appeals, rules rule.
Location, location, location. Strategic attorneys know where you file your lawsuit has a big impact. Today’s discussion covers important considerations such as damage caps, jury pool, and what to do if your case is removed from state to federal court. We also clarify some tricky details on multi-state filings, snap removals, and the pros and cons of hiring local counsel to assist.
What does it mean to serve at the pleasure of the President? Just because a lawyer works for the Executive Branch does not mean they are suddenly relieved of professional responsibilities. Former U.S. Attorney General Michael Mukasey stops by to discuss his time with the Department of Justice, dealing with the press, and the critical importance for attorneys to maintain independent judgment.
Cybercrime, particularly ransomware, has skyrocketed over the past few years, leading to data breach lawsuits, regulatory actions, and significant business losses. Attorneys are often the first line of defense and have to advise clients on notice obligations; working with law enforcement; mitigating losses; leveraging insurance; and defending and prosecuting related negligence and data privacy claims. Special guest, Latosha Ellis, joins host, Dave Scriven-Young, to discuss how to advise clients, litigate liability, and maximize insurance recovery when it comes to ransomware and cyber breach.
Some say that the only predictable part of litigation is knowing that the unpredictable will happen. What do you do during a hearing or trial when these unexpected events arise? Experienced trial lawyers, Hon. Judge Carroll J. Kelly, Marc Zucker, Jennifer Seme and Mark A. Romance sit down with host, Dave Scriven-Young, to discuss Tips for Preparing for the Unexpected; and How to Handle the Unexpected, such as failed technology, problems with witness testimony and more.
The Section Annual Conference is the premier event for litigators. It brings together top litigation professionals from across the country to discuss timely legal issues and the latest in trial advocacy, litigation strategy, and case management. Hear highlights from this year’s 2022 Litigation Section Annual Conference with special guests Beth Kaufman, Rick Gross and Harout Samra.
Facial recognition software is becoming a greater part of our everyday lives. But the technology is controversial and not without its critics. Questions about its accuracy—especially relating to recognizing minority faces—remain.
Special thanks to our sponsors, Alert Communications and Smokeball.
On the cover of Brian Hochman’s book The Listeners: A History of Wiretapping in the United States is a martini cocktail, complete with skewered olive. Someone attempting to judge a book by its cover may think this is a riff on James Bond and his brethren in espionage. But international espionage is not the primary use of wiretapping in the United States; it’s a longer, stranger tale than that.
Hochman shares the real story that inspired the cover in this episode of the Modern Law Library with the ABA Journal’s Lee Rawles. It involves a private detective with a showman’s instincts, a congressional hearing and an electronic bug hidden in a martini olive. It was an incident that spooked the legislature so much that in 1968, they banned the “martini olive transmitter”–even though a working prototype had never been built.
In this episode, Hochman also talks about America’s long history of wiretapping, from Civil War saboteurs to confidence tricksters, from suspicious husbands to rival corporations, from drug dealers to district attorneys. Wiretapping was often seen as “a dirty business,” as Justice Oliver Wendell Holmes opined in Olmstead v. United States (1928), but also as a necessary tool in the arsenal of law enforcement, particularly once the War on Crime kicked off in the wake of civil rights protests. In the late 1950s, wiretapping was considered by some to be so necessary that New York district attorney Edward S. Silver compared being asked to prosecute criminals without it to being asked to “hunt lions with a peashooter.”
Hochman kicks off the episode by telling the tale of the first American to be jailed for tapping a wire–and it’s a tale with a twist.
Special thanks to our sponsor, Posh Virtual Receptionists.
Mediation poses unique challenges and isn’t always successful. In order to present your most persuasive case, what facts or documents should you prepare for the mediator? If you think the mediator is being biased, what can you do? And when the final offer is on the table and you’re not happy, should you stay or should you go? Get pro tips on preparing your client and your case for mediation in this encore episode of Heels in the Courtroom.
Large-scale disputes often require large-scale investment. Finance for commercial litigation allows law firms to unlock the value of their lawsuits, and makes it possible for firms, companies and businesspeople to commit the resources needed without the risk of repayment if the case is lost – continuing to engage in business as usual.
In this special episode of the ABA: Litigation Section, guest Jason Levine discusses how law firms and their clients can obtain litigation financing for commercial litigation cases, and the value of this increasingly mainstream funding solution.
As an Investment Manager and Legal Counsel for Omni Bridgeway, a publicly-traded litigation finance company, Jason Levine helps corporations and law firms obtain non-recourse financing for commercial litigation, mitigate risk, and achieve their growth strategies with financing solutions. These include using litigation portfolios as collateral for off-balance sheet operating capital financing and monetizing claims and judgments.
[3:36] What is commercial litigation financing [7:04] What are the benefits of litigation funding [8:04] Types of commercial cases best fit for litigation finance [16:00] Why are law firms increasingly engaging in litigation finance [17:18] How do you value a litigation claim [24:15] Litigation Funding disclosures and requirements
Many lawyers have difficulty staying mindfully present during depos, cross-examination, and client consultations because of stress, the fear of making a mistake, and worrying about what to say next. Learn the 3 rules for constructive cross-examination and improv techniques like looping from improvisational acting experts Steve Hohman and Olivia Espinoza to help steer the narrative and improve communication in every aspect of your practice.
Consider the courtroom as a live drama unfolding before you. How can you direct the characters to tell their most authentic story and utilize breathing, dramatic structure, voice control, and more to make that story as persuasive as possible? The conclusion of our fascinating two-part discussion with Andrew Caple-Shaw and Alexandra Wright of ACT of COMMUNICATION will change the way you prep and practice and leave you laughing with two instructive stories about termites and the best witness in the world. Don’t miss this episode.
A trial is a contest of competing stories and the jury is your audience. Prepare your witness for their best performance with tenets from acting and theater explained by Andrew Caple-Shaw and Alexandra Wright of ACT of COMMUNICATION, a unique litigation consulting group. Their powerful and highly effective communication techniques, such as identifying non-verbal micro-expressions, harnessing the power of metaphor, and strengthening sensitivity and listening skills, will help your witnesses tell the essence of their story more effectively and help you command center stage in the courtroom.
How do you figure out what your law firm is worth? And why would you need to do so in the first place?
Whether you’re planning to retire or simply sell off your firm, there are crucial factors you need to consider before making any decisions.
In this episode, I sit down with Bharat Kanodia, who has valued over 2000 businesses and signed off on assets worth $2.6 trillion in value.
He has appraised unique assets like the Golden Gate Bridge, Atlanta Airport, Uber, Airbnb, Yahoo!, Brooklyn Bridge, Mirage Casino LV, among many others.
Bharat is the Founder of Veristrat, a company that helps startup founders and VCs by telling them what their companies are worth. He lives in the San Francisco Bay area with his family and enjoys sailing, golfing, skiing, and horseback riding.
Bharat gives listeners actionable tips on: [1:10] Why you would need a valuation on your firm [4:00] What you’re looking for in a valuation [9:45] The importance of looking at valuation from the potential buyer’s perspective [13:15] How to figure out your valuation [15:10] The process of getting a valuation [26:00] Bharat’s book recommendation
Resources mentioned in this episode: What's a Law Firm Worth? | Bharat Kanodia | Ep. 19 What’s a Law Firm Worth? | Veristrat Inc. Bharat Kanodia's Articles | Inc.com Never Split the Difference: Negotiating As If Your Life Depended On It by Chris Voss
How do you avoid social media overwhelm? How do you turn your social media audience into a real community?
We’re discussing the power of social media for your firm in this episode.
Joining me is Andréa Jones, who has built an online business committed to empowering businesses to utilize the power of social media in a positive and impactful way, without being overwhelmed and drained by it.
With over 7 years experience in the game, Andréa hosts the acclaimed podcast, the Savvy Social Podcast, leads a team providing done-for-you service inside of her marketing agency that was named a Top Digital Marketing Agency in 2021, and serves over 200 students in her membership, the Savvy Social School.
Andrea gives listeners actionable tips on: [1:35] Where Andréa begins when clients come to her with overwhelm [4:15] Where to start with your social media ‘why’ [8:40] How much time to spend on creating content, checking in with your social media, and being active online [13:45] The benefits of outsourcing your social media content creation [16:40] The ROI when it comes to social media [18:00] Andréa’s book recommendation
Resources mentioned in this episode: Dare to Lead by Brene Brown
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.
During its time as a Soviet republic within the USSR, Kazakhstan was the site of massive nuclear tests, both above and below ground. The cost to the environment and health of the Kazakh people and livestock was likewise massive, though the full scale of the effects was under-studied and suppressed for decades. Through massive public protests in the 1980s, nuclear-weapons testing in the Semipalatinsk region of Kazakhstan was brought to a halt.
But when the Soviet Union dissolved and Kazakhstan became a sovereign state, it now had a conundrum: Should the country—which had no military of its own—retain the nuclear weapons and become the world’s fourth largest nuclear power, or relinquish them in return for international commitments?
This is the story that Togzhan Kassenova was born to write. The nuclear policy and nonproliferation expert grew up in the capital city, Almaty, in a family with deep ties to the Semipalatinsk region. Her father, Oumirserik Kassenov, was the head of the country’s first think tank, now known as the Kazakhstan Institute for Strategic Studies, and he was charged with helping the fledgling Kazakh government make nuclear policy decisions in the 1990s. Kassenova—who now lives in a different capital city, Washington, D.C.—was also able to access and interpret archival documents from the United States, Kazakhstan and Russia.
The result is Atomic Steppe: How Kazakhstan Gave Up the Bomb. In this episode of the Modern Law Library, Kassenova and the ABA Journal’s Lee Rawles discuss the challenges of writing about top-secret nuclear test programs; the brave Soviet-era medical professionals who sought to record the sicknesses and birth defects caused by nuclear radiation; and the connections between the communities in Kazakhstan and the United States impacted by nuclear testing. She also sheds light on the real international diplomacy that took place that led to Kazakhstan giving up its nuclear arsenal, which was not a foregone conclusion.
Atomic Steppe was released only nine days before Russia invaded Ukraine. Kassenova also discusses the parallels between Ukrainian and Kazakh experiences, the Russian attitudes towards the former Soviet republics, and what the international community can do about the threat nuclear weapons still pose today.
Special thanks to our sponsor, Posh Virtual Receptionists.
“It’s business, don’t take it personally.” How many times have you heard that, and how do you react? Is there a middle ground that allows tough skin and a tender heart? Today’s thought-provoking discussion examines how we can make business decisions with humanity in mind and draw boundaries that help us honestly evaluate harsh criticism or aggressive language from opposing counsel while protecting our self-esteem.
Everybody hates to lose. If you avoid tough cases just because you might not win, you are doing a disservice to your client and yourself, and you are missing an opportunity to learn important lessons and build your character. Join John and Erich in this candid encore discussion on how to handle a loss with less pain and more gain. Reset your attitude and you’ll discover it’s not win or lose. It’s win or learn.
To move away from the death penalty as a country, the public needs be able to see inside the process and understand its effects. Sister Helen Prejean has dedicated much of her life to ministering to those affected by the death penalty, from death row inmates to guards to families of murder victims, and has worked to help the public and the church change their thinking on this issue. Michael Semanchik talks with Sister Helen about her keynote address at the conference and the importance of sharing personal stories to unveil the injustice of capital punishment.
Host Michael Semanchik is the managing attorney for the California Innocence Project.
Sister Helen Prejean is known around the world for her tireless work advocating against the death penalty. She has been instrumental in sparking national dialogue on capital punishment and in shaping the Catholic Church's vigorous opposition to all executions.
As a young personal injury litigator in Georgia, Gino Brogdon Jr. says he was accustomed to using different technology tools to manage his practice. But when Brogdon began working as a mediator, he realized that there were limited tech options to assist him in the alternative dispute resolution realm.
Special thanks to our sponsors, Alert Communications and Smokeball.
Google ads, Facebook ads, pay per click, TikTok, Instagram, LinkedIn – the list goes on.
In an ever-changing digital landscape, how do you know which tactic is right for you and your firm?
A key takeaway from this episode is that sometimes the old school marketing techniques still work, and this is what we’re talking about with Shreya Banerjee and Paul Counts: How to get free traffic from Google.
Shreya and Paul are Co-Founders of Marketing Counts, serial entrepreneurs, Tech Startup Founders, and advisors to the influencers. They are teachers at heart who have a passion for helping entrepreneurs and students alike grasp proven marketing concepts.
Paul and Shreya give listeners actionable tips on: Why your firm should have a Google Business Account. How a Google Business Account keeps your content top of mind. Tips to get better reviews. What to put on your Google Business account to keep it updated with minimal effort. Why consistency matters and how it can be game-changing for your firm.
What’s the difference between benchmarks and baselines when it comes to measuring your firm’s KPIs?
Often, we set revenue and project-based goals to achieve on a quarterly or annual basis, without having a clear understanding of our KPIs, how to measure them, or how to shift them if they’re no longer aligned.
We dive into all things KPIs with Jeff Smith in this episode. Jeff is affectionately known as “The KPI Guy” as he’s written 7 international #1 best-selling books on KPI and Business Management. He is on record as the most successful author in history on the subject.
Throughout his career, he’s worked with, and is trusted by Royal families, Governments of different countries and Senior Executives in the largest companies in the world.
Jeff gives listeners actionable tips on: What KPIs are and why we use them? How to decide which KPIs you should focus on in your firm? The difference between a baseline and a benchmark and how to measure it within your firm. His recommendations on which KPIs lawyers should be using to measure. Trust as a key component of achieving KPIs.
How do you double your website revenue? There are so many different strategies, and this week, we’re talking about a new concept called The Rule of 26.
Joining me for this conversation is Michael Buzinski, President & CMO of Buzzworthy Website Marketing.
Michael is a lifelong entrepreneur, digital marketing thought leader, and best-selling author. Dubbed a “visionary marketer” by the American Marketing Association, Michael’s sole mission is to help entrepreneurs avoid the time drain and frustration of managing profitable digital marketing campaigns. Buzz, as most call him, has simplified digital marketing success with The Rule of 26 and is on a mission to double the website revenue of service-centric businesses across America.
Buzz gives listeners actionable tips on:
- What’s the rule of 26?
- How to increase your conversion rate
- Three ways to increase the value of a client
- Tips to run a profitable firm
Do you love being a lawyer, but can’t stand the sales hat that comes with it?
It’s no secret that sales plays a vital role in securing new clients and growing your firm.
What do we do when we want to close the business, but don’t want to use pushy, oldschool sales tactics? My guest, Merit Kahn, shares the four words that can transform your sales in this episode.
Merit gives listeners actionable tips on: Why the word sales has such negative connotations and how to reframe it for yourself? The three key components to sales. The four magic words to transform your sales conversations. How emotional intelligence plays a key role in the sales process.
Experts discuss how consumer debt lawsuits have come to dominate civil courts at the expense of low-income Americans on the latest episode of LSC’s “Talk Justice” podcast.
Featured Guests: Erika Rickard, project director for civil legal system modernization at the Pew Charitable Trust; Arielle Levinson-Waldman, founding president of Tzedek DC; George Simons, founder and CEO of SoloSuit
When you start a new firm, you will always be met with uncertainty. Of course, you have a plan of how you want to run your firm, but there are many variables that can attempt to throw it off course. So, how do you navigate it?
That’s what we’re talking about in this episode with Jeremy Widder, a criminal defense lawyer practicing in Southern Maryland.
Jeremy started his solo practice in 2020 at the height of the pandemic, and he shares about how this helped his firm become more innovative.
He uses technology to automate and simplify as much of his practice as possible, while still providing top-notch legal representation and client service.
Jeremy gives listeners actionable tips on:
[3:00] How to navigate external circumstances that impact a new business idea [5:00] Figuring out a strategy in the midst of a global pandemic [10:40] Why it’s so important for a new firm to know where its business is coming from [15:15] Jeremy’s system for asking for Google reviews from past and current clients [19:25] The impact branding has on your ideal client [23:20] The lessons Jeremy learned by starting up his firm in the face of uncertainty [36:30] Why burnout and working around the clock doesn’t work anymore
Resources mentioned in this episode: The Small Firm Roadmap by Aaron Street and Sam Glover Connect with Jeremy here:
Succession planning is critical for ensuring the protection of lawyers, clients, and the public; but does every lawyer need a plan? Molly Ranns and JoAnn Hathaway talk with Alecia Chandler about how to figure out what type of plan you need and the resources available on the State Bar of Michigan’s website. Check out the Planning Ahead Handbook, as well as many other checklists and forms designed to help you create a comprehensive plan for your law firm.
Alecia Chandler is Professional Responsibility Programs Director for the State Bar of Michigan.
Time to be honest with yourself. Are you, quite possibly, wasting other people’s time with meandering, life-sucking meetings? Or, is your inbox full of languishing emails, much to the frustration of your coworkers? Dennis and Tom certainly hope not, but, just to be safe, they’ve got a whole show devoted to helping you understand the nuances of both synchronous and asynchronous collaboration modalities. Learn how to pick the right tools for each scenario and curate purposeful, effective communication with coworkers and clients.
Later on, the guys share their personal recommendations for improving the VR experience for those with prescription glasses.
As always, stay tuned for the parting shots, that one tip, website, or observation you can use the second the podcast ends.
Have a technology question for Dennis and Tom? Call their Tech Question Hotline at 720-441-6820 for answers to your most burning tech questions.
Special thanks to our sponsors, Posh Virtual Receptionists, Clio, and Colonial Surety Company.
Even if you and your firm are completely above reproach, you could be sued. Your conduct may be scrutinized and every document you ever sent in a case may be discoverable. Are you prepared for that? This episode offers key insight into basic legal malpractice issues from being sued to handling a malpractice case for your firm. You may think it won’t happen to you, but neither did we.
Sloppy jury instructions can lead to appeal due to instructional error or confusion in deliberations, and nobody wants that. In this episode, you’ll learn about verdict directors, clean and dirty instructions, roving commissions, potential pitfalls, and resources to help you draft more concise instructions that help the jury come to a decision in your favor.
Directed verdicts are no longer just for the defense. Creative plaintiff attorneys are considering this approach in complex injury cases too. Tune in to hear about Megan’s recent case which resulted in two directed verdicts and learn how to use the record to reinforce your evidence and protect yourself from vulnerability on appeal.
Litigators face distinct challenges when it comes to business development. Unlike their transactional counterparts, clients often only need a litigator once. That means the process of developing business for a litigator is ongoing. Because of this unsteady workflow, identifying a prospective client list, bringing in business and growing your litigation practice can be difficult.
In this episode, special guests, Sharla Frost and Angela Steffen Meyer, provide litigators with a practical guide to getting more clients and advancing their legal careers through successful business development strategies.
Citizens are guaranteed legal representation in criminal cases which may impact their freedom but are not guaranteed representation on issues regarding their physical and mental health, personal safety, government benefits, or housing, which may be life-threatening situations. In Part Two of our discussion, Dan Glazier and Karen Warren detail the assistance Legal Services offers to level the playing field for vulnerable citizens. Learn more about their services how you can help this vital organization remove barriers for low-income, low-opportunity citizens in your community.
The justice gap is real. Thousands of Americans face legal situations such as wrongful eviction, denied access to health and other public benefits, or domestic violence with no money for legal representation. Legal Services organizations are the poverty law experts…providing free legal aid and education to our most vulnerable citizens. Dan Glazier and Karren Warren of Legal Services of Eastern Missouri share their organization’s focus and goals. No matter what your legal area of expertise, consider stepping up to help someone in need by volunteering at a Legal Services agency near you.
In many med mal and trucking cases, it’s not always clear if an employer is liable for the actions of their employee. The issue of Agency is vital for knowing whom you can sue and what you can potentially recover for your client. Today’s podcast clarifies general issues of Agency and points out how recent changes in Missouri law severely limit the damages you and your client can recover from medical malpractice. An insightful episode for lawyers and laypeople because negligence can happen to anyone.
Consider the courtroom as a live drama unfolding before you. How can you direct the characters to tell their most authentic story and utilize breathing, dramatic structure, voice control, and more to make that story as persuasive as possible? The conclusion of our fascinating two-part discussion with Andrew Caple-Shaw and Alexandra Wright of ACT of COMMUNICATION will change the way you prep and practice and leave you laughing with two instructive stories about termites and the best witness in the world. Don’t miss this episode.
A trial is a contest of competing stories and the jury is your audience. Prepare your witness for their best performance with tenets from acting and theater explained by Andrew Caple-Shaw and Alexandra Wright of ACT of COMMUNICATION, a unique litigation consulting group. Their powerful and highly effective communication techniques, such as identifying non-verbal micro-expressions, harnessing the power of metaphor, and strengthening sensitivity and listening skills, will help your witnesses tell the essence of their story more effectively and help you command center stage in the courtroom.
In August 2020, contract attorney Laura Frederick accepted a challenge: Post to LinkedIn once a day, every day, for a month. Frederick thought she might be able to keep up a string of several days in a row. Instead, her daily posts became a way to connect with colleagues, build business, create a brand identity, and have a social lifeline during the isolation of the pandemic. A selection of those posts also found their way into her self-published book, Practical Tips on How to Contract: Techniques and Tactics from an Ex-BigLaw and Ex-Tesla Commercial Contracts Lawyer.
Frederick says that she’s never been the sort of person who enjoyed the cocktail party circuit way of rainmaking. When she launched her own law practice after years of working in BigLaw and as an in-house attorney for companies including Tesla, she relied for the first year entirely on referrals. But the connections she was able to make through LinkedIn has rapidly expanded opportunities for her legal practice and for her training and skill-development company, How to Contract.
Frederick tells the ABA Journal’s Lee Rawles that one of her driving motivations for posting daily tips to LinkedIn has been her desire to pass along knowledge gained over the course of her career to younger attorneys. When she was a beginning attorney in the 1990s, she says she gained tremendously by being able to shadow more experienced attorneys at her firm, learning at the side of longtime contract attorneys. The same opportunities are not available now, particularly when so many young attorneys are launching their own solo or small firm practices.
She hopes that both Practical Tips on How to Contract and her continuing daily posts to LinkedIn–she’s now written more than 400–can help fill that gap. She adds that engaging with her commenters has also taught her lessons that improved her own legal work.
In this episode, Frederick talks about the practical steps to building a brand and self-publishing; how she expanded into creating legal cartoons; and what it was like to be an attorney for Tesla.
Special thanks to our sponsor, Posh Virtual Receptionists.
What is an intrapreneur and how can it help your firm?
Truthfully, when it comes to your firm, anyone can be an intrapreneur. It’s up to the leaders of the firm to foster and encourage the team to explore and support new ideas and ventures.
We talk about what intrapreneurship can do for your firm in this episode with Art Bell.
Art is a writer and former media executive known for creating, building, and managing successful cable television channels. His memoir, published by Ulysses Press, Constant Comedy: How I Started Comedy Central and Lost My Sense of Humor was recently honored as a finalist in the 2020 Best Book Awards for memoir.
Art gives listeners actionable tips on: What an intrapreneur is How being an intrapreneur allowed Art to start up the very first comedy network, which we now know as Comedy Central The impacts of going through a merger Why it’s important for lawyers at any firm to operate as intrapreneurs The two things that go into research
On the last episode of our The Life of a Lawyer Start to Finish series, we discussed How to Succeed in Law School. In this episode, we move on to the next logical step: How to Find a Job After Law School.
We’re pleased to be joined by someone who wrote the playbook on how to do just that! Host Craig Williams is joined by trial attorney Rachel Gezerseh, author of The Law Career Playbook: The Guerrilla Guide to Getting a Legal Job You Actually Like, which is the leading networking guide for law students and new lawyers.
Special thanks to our sponsor, Posh Virtual Receptionists.
Detroit has been the site of many civil rights and labor rights battles, and many notable Black attorneys have called the city home. The first Black president of the ABA, Dennis Archer, came from the Detroit legal community, as does the current ABA president, Reginald Turner. But the full story of one of the city’s pioneering legal figures has not been told–until now.
In No Equal Justice: The Legacy of Civil Rights Icon George W. Crockett Jr., co-authors Edward J. Littlejohn and Peter J. Hammer have filled in this blank with an absorbing history of Crockett’s Floridian childhood, his law school years at the University of Michigan, his defense of Communist activists at the height of the Red Scare, his harrowing search for the murdered Freedom Riders in 1964, his time as a judge on Detroit’s Recorder Court, and his election to the U.S. House of Representatives.
For this episode of the Modern Law Library, Hammer joined the ABA Journal’s Lee Rawles to discuss the research that went into the book, some of Crockett’s most high-profile cases, how Crockett ended up serving four months in prison for contempt of court, and to explain why Crockett was one of the Detroit police department’s most-hated public figures.
Special thanks to our sponsor, Posh Virtual Receptionists.
Time to meet your candidates! On March 10, Joe Escobedo and Cindy Tisdale participated in a live, virtual forum hosted by Rocky Dhir. Get to know Joe and Cindy as they share their priorities for the State Bar of Texas and answer audience questions.
Register to join their next live forum on April 5!
Joe Escobedo is a partner at Escobedo & Cardenas, LLP, in Edinburg, Texas, where he devotes his practice to tort litigation and mediations.
Cindy Tisdale is a small firm attorney in Granbury, Texas, where she dedicates her practice to family law. She is also Of Counsel with Lynch, Chappell & Alsup in Midland.
Special thanks to our sponsor, LawPay.
Host Carl Morrison is joined by guest Ben Hengels of Ligl.io for a deep dive into the Evidence Lifecycle Management (ELM), e-discovery, and data flow management that law practices run on.
With so many moving parts, taking proper stock of every component – from email and cloud systems to legacy on-site servers – is crucial. So is working with providers who understand how each piece works with the other.
Recognize early warning signs of common problems, mistakes that find their way into the process and grow. Avoid inefficiencies and costly snafus.
E-discovery and data management are not static processes. Technological advances continue yearly. Learn to collect, produce, and preserve the data you need to keep up with a busy caseload.
Plus, “The Listener’s Voice.” Your content, comments, and questions matter. In this episode, tips and tricks on making the leap from paralegal to legal operations careers. What’s on your mind? Drop us a line at Devoted2Law@Gmail.com
Special thanks to our sponsors NALA, ServeNow, and Infotrack.
Our guest is law student Simon X. Cao, winner of this year’s College of Workers’ Compensation Lawyer’s John F. Burton Jr. Student Writing Award. His essay, “Fighting The Tide – Overcoming The Rebuttable Presumption of Intoxication In The Age of Marijuana,” examines a common Workers’ Comp defense arguing an injured worker was somehow culpable in his own injury by virtue of intoxication.
Cao examines to what extent – if any – evidence of prior marijuana consumption can be used against injured workers, as a growing number of states legalize marijuana both for recreation and medical use.
The nexus of marijuana and injury compensation is a sticky issue. Evidence of marijuana can be detected in an injured worker’s system for weeks after use, unlike alcohol, but it can be present without indicating intoxication. How reliable is testing? How consistent are the rules across states? And what about presumed consent for a drug test after a workplace accident? All interesting topics that could affect your clients.
Special thanks to our sponsor PInow.com, Posh Virtual Receptionists, and MerusCase.
As a lawyer, you may think you are a good listener. But could you listen more effectively, and in turn, be heard more clearly? With tips from the Heels in the Courtroom trial attorneys and insights from Kate Murphy’s book, You’re Not Listening: What You’re Missing and Why It Matters, you can improve your listening skills. Better communication will advance your practice, enhance your relationships and make your next obligatory cocktail party a little less painful.
Can you attract an ideal client with your brand personality?
Most lawyers don’t get to learn the branding, marketing and content creation piece of their business while in law school. The challenge is, in order to be relevant in today’s digital economy, you have to have a presence online.
When it comes to brand personality, it’s so much deeper than the colors you pick or the fonts you use. It’s the psychology behind it, and how it creates deep and lasting connections with your potential clients.
Joining me for this episode is Kaye Putnam, the psychology-driven brand strategist for entrepreneurs. Through work with hundreds of clients from international corporations to solo-entrepreneurs, she developed her signature Clarity Code™ method. She believes that business should be more human and that all entrepreneurs have an inner-genius they can use to impact the world. She works with students in her Brand New Brand incubation program and with clients 1-on-1. When she’s not transforming brands, she’s exploring the world with her husband and two little ones.
Kaye gives listeners actionable tips on: Why thinking about your brand personality is necessary Decoding brand archetypes The impact emotional connection has on your brand Why branding is deeper than colors and fonts
There are so many podcast episodes out there that talk about how to launch a podcast, but what happens after you launch? How do you make real money off of having a podcast? Is it even possible?
In this episode, we’re focusing on how to monetize a podcast with Simona Costantini, our podcast producer.
Simona gives listeners actionable tips on: Why podcasting is part of your marketing strategy Some of the costs you need to know before getting started 7 ways to monetize your podcast Ad rates based on ad placement How to use more than one monetization method in your strategy
Resources mentioned in this episode: Guide: Launch Your Podcast in 8 Weeks Guide: Podcast Recording Equipment Happiness Happens Podcast FREE MASTERCLASS: Three Simple Steps to Launch Your Podcast in 8 Weeks Atlas of the Heart: Mapping Meaningful Connection and the Language of Human Experience by Brené Brown
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.
Information and disinformation campaigns are centuries old, but our social media era has given new and rapid thrust to the sharing of ideas, both for good and ill intent. Meg Steenburgh and Peter W. Singer discuss his book, LikeWar: The Weaponization of Social Media, which analyzes the poisonous effects of disinformation on politics, war, and social issues worldwide. They look at the role of governments, laws, and individuals; and our collective responsibility to support digital literacy and engage in positive digital citizenship.
Peter Warren Singer is strategist at New America, a Professor of Practice at Arizona State University, and founder and managing partner at Useful Fiction LLC.
Thank you to our sponsor NBI.
As a young personal injury litigator in Georgia, Gino Brogdon Jr. says he was accustomed to using different technology tools to manage his practice. But when Brogdon began working as a mediator, he realized that there were limited tech options to assist him in the alternative dispute resolution realm.
Special thanks to our sponsors, Alert Communications and Smokeball.
The Innovation for Justice lab launched at the University of Arizona’s James E. Rogers College of Law in 2018 with the goal of designing, building and testing new solutions to addressing the justice gap impacting millions of Americans.
Special thanks to our sponsors, Alert Communications and Smokeball.
Evisort co-founder Jake Sussman says when the company began developing its contract management and analysis platform, its goal was to use artificial intelligence as a last resort. But it soon became clear that AI was the only way to solve the contract challenges that Evisort wanted to help users tackle.
Special thanks to our sponsors, Alert Communications and Smokeball.
Retired judge and bestselling novelist Martin Clark had to deal with his fair share of rejection before he finally broke in more than two decades ago with his debut novel, The Many Aspects of Mobile Home Living. After several false starts, that book got Clark’s career up and running. In this episode, the ABA Journal's Matt Reynolds finds out what made the difference for Clark, and gets tips for other lawyers itching to write their first book.
Special thanks to our sponsor, Posh Virtual Receptionists.
What are non-fungible tokens, and why should you care? Dennis & Tom break down the definition of these unique digital objects (art, video, and much more) and outline the issues surrounding their current hype and value in the real world. NFTs have the potential to engage a surprising variety of legal angles, so lawyers in any area of the law need an understanding of this new trend in virtual property.
Later on, the guys chat about the established tradition of tech announcements and whether they are still necessary or useful for consumers.
Special thanks to our sponsors, Posh Virtual Receptionists, Clio, and Colonial Surety Company.
Is there potential for a mass exodus of women from the legal profession? Multiple studies have shown that the pandemic was harder on women, with increased home responsibilities falling disproportionately upon them and often leading to a continued need to work remotely, even after their law firms reopened. These shifts have had major impacts on gender parity in workplaces. Sharon Nelson and Jim Calloway welcome Roberta Tepper to discuss these issues of inequality and what law firms should do to support women in the profession.
Roberta Tepper is the Chief Member Services Officer at the State Bar of Arizona.
Special thanks to our sponsors, Alert Communications, Blackletter Podcast, Scorpion, and Smokeball.
Should you be hiring a SEO specialist for your firm, or is SEO dead?
Also, millions of people are suffering as a result of the war in Ukraine. Is this an opportunity to market your law firm? Spoiler Alert: No. No, it is not — but the right answer for you may be more nuanced.
The guys tackle these big subjects as well as answer questions from ABA TECHSHOW and the impending change to Google Analytics.
Special thanks to our sponsors Alert Communications, LawYaw, Posh Virtual Receptionists, and Clio.
We all know the feeling…your stomach is tight, your heart is pounding, and if you’re like one law colleague, you might be hoping you get into a motor vehicle accident to avoid going to court. This episode of Heels in the Courtroom focuses on how to reduce negative nervousness and flip your brain to turn apprehension into motivation. But if you’re still afraid you might sweat through your silk blouse, tune in for a surprising pro tip.
For guest Jason Levin – author of “Relationships to Infinity” and founder of the firm Ready, Set, Launch – keeping in touch with past connections, friends, and mentors is a lifelong passion and the bedrock of networking and relationship development. Through his work, Levin has developed an intense interest in helping people develop and maintain personal and business relationships. Business, after all, truly comes down to who you know.
Levin’s firm Ready Set Launch applies corporate brand management principles to personal and corporate relationships. It’s the stuff they don’t teach in law school but is a pillar of any successful law firm.
Hate networking? Learn to overcome. Think you are doing a great job at networking? Maybe you aren’t. Levin helps professionals make new and maintain lifetime connections. Keeping in touch is foundational. “Let’s do lunch” and “keep in touch” have become meaningless phrases, but the art of maintaining relationships has never been more important. Go beyond social media, events, and transactions and start getting real with steps you can take right now. Today is the day.
Special thanks to our sponsors LawClerk, Alert Communications, LawYaw, and Scorpion.
The Central Intelligence Agency, better known as the CIA, is the principal foreign intelligence and counterintelligence agency of the U.S. government. The CIA's primary job is collecting and analyzing foreign intelligence and conducting covert action, and U.S. policymakers, including the President of the United States, make policy decisions based on the information provided by the CIA.
On this very special episode of Lawyer 2 Lawyer, host Craig Williams is joined by Ric Prado, a decorated hero and CIA shadow warrior, who spent years fighting to protect the nation and home that welcomed him as a child from a communist repression. Craig and Ric discuss Ric’s book, BLACK Ops: The Life of a CIA Shadow Warrior, what the CIA does, how our laws as a country apply, and how they apply in foreign situations.
Special thanks to our sponsor, Posh Virtual Receptionists.
We’re joined by author and TV correspondent, Alicia Menendez where we talk about the concept of likeability in the workplace, especially as women attorneys.
If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, get the first chapter right now for free!
Thanks to LawPay, Postali, and Posh Virtual Receptionists for sponsoring this episode.
Guest Tom L. Drew is a longtime attorney in Des Moines, Iowa. He reached out to New Solo and host Adriana Linares for help modernizing his practice and getting the most out of today’s tech.
Drew is comfortable with computers, but he’s always looking for newer, better, more efficient methods. As a long-time paperless operation, Drew’s office was in a good place when it went remote during the COVID-19 pandemic.
As his office went to a work-from-home environment, Drew was quick to incorporate training sessions and provide the necessary tools to help his team set up comfortable, efficient home offices. He found that money spent on tech is money well spent, and speed and efficiency matters more than cost.
Hear how Drew upgraded software and replaced an on-site server with the cloud for a faster, on-the-go setup. Still unsure about cloud technology, OneDrive, Office 365, remote access, and document sharing? Learn how and where these pieces fit in a modern office.
Plus, we have a special upcoming mailbag edition on Office 365 and all things Microsoft. Got a question? Contact us at newsolo@legaltalknetwork.com.
Topics:
Guest Tom Drew, longtime solo practitioner, talks about his recent tech makeover and moving from a server to the cloud. It’s not about cost, it’s about productivity and efficiency. In today’s work-from-home environment, being able to collaborate, schedule, and share information is more important than ever. Tech isn’t only for new solos, it’s for established firms too.
New Insights
In our series New Insights, veteran attorney Jennifer Smith Thomas answers questions from new attorney Jennifer Townsend about the challenges of working with her father in a small, family-owned firm.
Question 2: “I work on cases with my Dad. In the South, it is uncommon to address your parents by their first name. How should I introduce myself and explain our relationship to new clients while being respectful of my Dad and not undermining myself as a new attorney?"
Special thanks to our sponsors, Lawclerk, Alert Communications, Abby Connect, and Clio.
Mentorship isn’t just giving work advice to a younger attorney. It’s a professional and personal relationship built on trust and mutual respect that benefits the mentor and the mentee. And you shouldn’t stop with just one! Learn how to find mentors, why you’ll benefit from building multiple relationships at various levels of experience and how to ignite effective mentorships in your firm on today’s Heels in the Courtroom.
The real world has been a bit too much for Dennis and Tom lately, so tag along as they take a little trip to the metaverse! They discuss what exactly this expansive virtual environment is, possible personal and professional uses, and what the future may hold for this growing technology. And, for all you lawyers out there, they consider how this tech could be applied to the profession.
This time on the “Hot or Not?” segment, the guys air their opinions on the return to in-person conferences.
Special thanks to our sponsors, Posh Virtual Receptionists, Clio, and Colonial Surety Company.
We’re joined by Lawyerist Lab member, Russell Farbiarz, as he discusses what it looked like to take over his practice. We discuss how he got there and what to think about if you’re interested in doing the same.
If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, get the first chapter right now for free!
Thanks to LawPay, Postali, and Posh Virtual Receptionists for sponsoring this episode.
Did you know the average person makes over 35,000 conscious decisions every day? Decision fatigue is real but there are ways to cope. Today’s discussion examines asking for and evaluating advice, setting decision-making boundaries, and recognizing that every decision is really just a choice. Make the decision to check out this podcast, and you’ve got only 34,999 more decisions to go…..
Intimidated by oral arguments? Appellate law experts Joan Lockwood and Rich Finneran suggest reframing your mindset to create a teaching conversation with the judges rather than simply extending your argument with opposing counsel. Today’s episode also includes tips for preparing more effective oral arguments, how to handle questions from the bench, and a few good reasons to show up to court early no matter where you are on the docket.
Don’t wait for the request for appeal to hit your desk to start thinking about appealable issues. Many top firms pay close attention to appeal potential every minute of litigation. Appellate law experts Joan Lockwood and Rich Finneran discuss appellate brief basics, which issues have a greater chance of reversal, and how to prioritize key points. Tune in for tried-and-true tips which could improve your chances of winning your next appeal.
You make your case with your experts, but you win your case with theirs. This episode of The Jury Is Out focuses on how to undermine credibility and reveal bias, what to look for in the expert’s prior publications and depositions, how to use industry regulations, and much more. Tune in and take notes…you’ll hear over a dozen specific questions and tactics you can use to get powerful admissions and possibly turn the tables in your next expert deposition.
When determining whether you can sue a hospital, municipality, or the federal government in wrongful death or personal injury litigation, it’s vital you understand the nuances of sovereign immunity. Many government entities and municipalities are exempt from certain types of lawsuits, but there are exceptions and limitations you need to know. Tune in for a better understanding of sovereign immunity and how it could impact your next case.
Opposing counsel is hammering your client with irrelevant questions, an intimidating tone, and maybe even false evidence. Under this intense pressure, your client may take the bait and respond in a manner that could derail your case. What can you do? Today’s empowering discussion focuses on ways to protect your client and your case from rude and harassing intimidation tactics during deposition and defuse overly-aggressive interrogation.
How does it feel when you open your email and it’s addressed to “Gentlemen?” Have you been asked on the phone if you are an assistant just because you have a feminine voice? And why are women fifty percent of law school grads but still only 15% of the partners? Female attorneys have been practicing for over 100 years, but we are still grappling with issues of attire, attitude, and acceptance. Tune in for an inspiring conversation about the progress we’ve made and take on one of our suggestions about what you can do to advance the cause of women in the courtroom. Because Ladies, we still have work to do.
The guys are back at the ABA TECHSHOW with F.O.P. Carolyn Elefant, the “Godmother of Solos.” They talk about what’s in and what’s out in the latest edition of her book, “Solo By Choice.”
Also, there’s more legal tech and more competition for your legal dollar than ever. That means great things for small and solo firms. Do you want something custom for your practice? It might be worth it to just ask for it.
Plus, exciting news from Lawmatics, and the guys debate the merits of TurnSignl, an app that connects motorists in an instant to an attorney during a traffic stop and winner of the Startup Alley competition.
Special thanks to our sponsors Alert Communications, LawYaw, Posh Virtual Receptionists, and Clio.
Every case requires some legal research, and we don’t mean Google. This hard-skills episode focuses on pro tips like how to use Westlaw more efficiently, where to start your research and whether or not it’s a smart move to omit case law that could be detrimental to your position. Today’s strategies will help you hone your research skills and put you on a more solid foundation for your next case.
When the COVID-19 pandemic came, the traditionally change-averse legal profession adapted with amazing speed. Work-from-home became the norm, and associates began to see what’s possible and focus on what’s important to them.
More than 30 million Americans changed jobs since last spring. Attorneys were no exception. It’s up to all of us – from younger associates to senior leadership – to accept and adapt to the new normal. Associates will need to understand, and articulate, what’s important to them. And firms will need to listen and adjust.
Attorneys will still need mentorship, face time, and training, but they may also want to continue enjoying a hybrid work relationship. Firms may see increased profitability as commute times turn to billable hours, but they’ll need to develop boundaries to avoid turning work-from-home to work-around-the-clock.
Guests on this episode include a managing partner, Cyndie Chang; Chair of the American Bar Association Young Lawyers Division Josephine “Jo” Bahn; and attorney/recruiter Nathan Peart. They explain how the environment has changed and how it’s up to everyone to embrace clear communication, new expectations, and how to navigate the new normal.
Plus, a Quick Tip from the ABA Litigation Section, featuring Darryl Wilson. In this edition, a discussion on Rule 12(b) motions. What defenses may be asserted? What options are available? And what are the key elements you must address? And, of course, the rare use of Rule 15(a)(1).
In the conflict instigated by Russia in Ukraine, we have already seen numerous and outrageous Russian violations of the Laws of Armed Conflict, but what legal recourse is there against these acts? Meg Steenburgh of the ABA Law Student Podcast interviews Judge James E. Baker to learn about the interplay of law and war on the international stage. Judge Baker examines Russia’s actions to date and offers insights on how the U.S. and other international players can and/or should respond as they follow the rule of law. They also discuss new uses of AI in war, historical examples that compare to Ukraine’s struggle against its aggressor, and why law matters even if a wartime opponent refuses to adhere to it.
Judge James E. Baker is director of the Syracuse University Institute for Security Policy and Law, a professor at the Syracuse College of Law and the Maxwell School of Citizenship and Public Affairs, and a Distinguished Fellow at the Georgetown Center for Security and Emerging Technology, Georgetown University. He previously served as a Judge and Chief Judge on the U.S. Court of Appeals for the Armed Forces.
Thank you to our sponsor NBI.
Zack talks with lawyer and tech expert, Martin Clausen, about managing the rights and obligations of agreements in real-time with computational contracts. They also touch on how bringing this technology to your clients could help set you apart from the rest of the pack. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , and for sponsoring this episode.
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.
News stories of late have been riddled with concerns over international infrastructure attacks that indicate a growing potential for cyber war. Should you be worried? Dennis and Tom discuss some of the most recent events in this arena and bring their conversation around to what legal professionals should do to prepare for this eventuality.
Later, the guys talk about text-to-speech technology and whether its current generation of tools are worth your while.
Special thanks to our sponsors, Posh Virtual Receptionists, Clio, Colonial Surety Company, and Nota.
TECHSHOW is coming up March 2-5 in Chicago! Sharon Nelson and Jim Calloway welcome this year’s co-chairs Brooke Moore and Ivan Hemmans to learn more about the in-person and virtual offerings for conference-goers. Visit techshow.com to register!
Brooke Moore is the legal editor for Legal Templates LLC and founding attorney of MyVirtual.Lawyer, an online, limited scope representation law firm model.
Ivan Hemmans is a senior manager of technical development at O'Melveny & Myers LLP and has extensive experience with information technology.
Special thanks to our sponsors, Alert Communications, Blackletter Podcast, Scorpion, and Smokeball.
Lawyerist Product Director, Ashley Steckler, shares her perspective on the personality test industry and how to navigate your results! If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to and for sponsoring this episode.
Lawyerist Product Director, Ashley Steckler, shares her perspective on the personality test industry and how to navigate your results!
If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, get the first chapter right now for free!
Thanks to Posh Virtual Receptionists and Postali for sponsoring this episode.
Law professor Kim Wehle is used to helping her students begin to think like lawyers. But the methodology behind making tough decisions as a legal professional can also benefit the general public. It’s why How To Think Like A Lawyer—and Why: A Common-Sense Guide to Everyday Dilemmas was a natural follow-up to her two previous books, How to Read the Constitution—and Why and What You Need to Know About Voting—and Why. Wehle’s previous books attempted to fill in civics education gaps for the general public. With her newest book, Wehle is hoping to give the general public alternatives to kneejerk or strictly partisan decision-making by encouraging a more methodical approach. In How to Think Like a Lawyer—and Why, Wehle shares what she calls the B-I-C-A-T Method. The five steps to the B-I-C-A-T Method are: 1. Break the problem down. 2. Identify your values and your aim. 3. Collect lots of information. 4. Argue both sides of each point. 5. Tolerate the fact that people may disagree with your choice and that you might feel conflicted about your decision. In this episode of the Modern Law Library, Wehle and the ABA Journal’s Lee Rawles discuss how she chose the five different spheres of life highlighted in her book as areas where a lawyerly mind could be particularly useful: work, family life decisions, civic life, health care and when it’s time to hire an actual lawyer. They also take the B-I-C-A-T Method for a spin in a hypothetical situation that’s a real-life dilemma for many parents around the world: How to approach masking in school.
Special thanks to our sponsor, Posh Virtual Receptionists.
Guest Malcolm Crosland is a South Carolina attorney with more than 30 years’ experience protecting workers and their rights. In today’s gig economy, it’s up to Workers’ Comp attorneys to guard against employers, lobbyists, and insurance carriers as they angle to classify workers in ways that could exclude them from workplace protections.
Crosland shares how important Workers’ Comp attorneys are both in fighting against efforts to weaken protections and in helping injured workers navigate a system that is increasingly adversarial and complex.
Public understanding of Workers’ Comp is, for many, out-of-sight-out-of-mind. Until they need it. Workers’ Comp attorneys and the Workers Injury Law and Advocacy Group stand at the ramparts ensuring that working people across the country are cared for and supported when a workplace injury occurs.
Special thanks to our sponsor PInow.com, Posh Virtual Receptionists, and MerusCase.
The Super Bowl isn’t just about football and bean dip, it’s about the ads! Join Conrad and Gyi as they explore an increasing trend in the legal industry - ads during The Big Game.
But first, the guys challenge Kevin O’Keefe’s latest take on Advertising vs. Business Development. How do we distinguish between the two, which is better? Is there room for both reputation and relationship building? And what about old fashioned marketing and advertising?
But on to lawyer Super Bowl ads. The trend started with an absolutely “batsh*t crazy” 2014 ad by personal injury attorney Jamie Casino; a spot still getting views on YouTube. This year, we saw more law service ads airing in regional markets during the game. The lads highlight their favorites (and check out Friend-of-the-Podcast Joe Patrice’s own list). How do these PR stunts, not necessarily a Super Bowl ad, fit your practice? Do you need a gimmick? And how would you track your results? And of course, The News: Carolyn Elefant releases her third version of “Solo By Choice” and it’s worth your time. Bob and Ben Ambrogi launched their LawNext Directory. And don’t forget the upcoming ABA TechShow and your chance to hang out with Conrad and Gyi.
Special thanks to our sponsors Alert Communications, LawYaw, Posh Virtual Receptionists, and Clio.
This special episode of Un-Billable Hour goes to the heart of your firm’s existence: attracting and signing new clients in a digital world.
Guest Jason Hennessey of Hennessey Digital built his company through reverse engineering the Google algorithm. He’s a respected leader in law firm marketing and offers valuable tips you can put to work today.
Learn core principles successful firms use to climb Google search rankings. Embrace the variables that help them adapt and shape their marketing to reach more potential new clients.
Hennessey’s book, “Law Firm SEO” explains how search engine optimization works and empowers firms when they look to hire a marketer. The book is written for the layperson, explaining in plain language the principles of SEO. If you don’t want to do it yourself, at least hold the teams you hire accountable.
Confused by SEO vs. Paid Search? It comes down to understanding marketing spend and outcomes. Learn what potential clients are looking for and how to hook them.
Plus, insights into website functionality, purposeful content strategies, and brand awareness. Attract more prospects and convert them to clients.
Special thanks to our sponsors LawClerk, Alert Communications, LawYaw, and Scorpion.
Affirmative action has found its way to the Supreme Court. Last month, SCOTUS agreed to hear two cases brought by the Students for Fair Admissions: Students for Fair Admissions v. President & Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina. These cases were reviewed by SCOTUS and because of their similarities, consolidated.
So what could these cases mean for the future of affirmative action? Host Craig Williams is joined by Rachel F. Moran, a Distinguished Professor of Law at UCI Law, to spotlight affirmative action in higher education. Craig and Rachel discuss the history and origins, the two cases set to go before SCOTUS, and the impact these SCOTUS' decisions could have on college admissions and affirmative action.
Special thanks to our sponsor, Posh Virtual Receptionists.
The overall number of data compromises is up 68% over 2020. Now, more than ever, attorneys must take action to protect themselves and their law firms. John Simek and Sharon Nelson welcome James E. Lee of the Identity Theft Resource Center to discuss the findings of his organization’s 2021 Data Breach Report. James discusses common root causes of data breaches and explains how prevention tactics and data security services can help lawyers avoid and/or deal with a data compromise.
James E. Lee is the chief operating officer of the Identity Theft Resource Center.
Special thanks to our sponsors CaseFleet, Clio, and PInow.
We’re joined by business owner and author, Tom Lenfestey, where we talk through succession planning and what it looks like to sell your practice. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to and for sponsoring this episode.
We’re joined by business owner and author, Tom Lenfestey, where we talk through succession planning and what it looks like to sell your practice.
If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, get the first chapter right now for free!
Thanks to Postali and Posh Virtual Receptionists for sponsoring this episode.
Legal professionals tend to focus on rules, policies, oaths, etc., but this isn’t enough when it comes to ethical decision-making. JoAnn Hathaway and Molly Ranns welcome Victoria Vuletich to explain the components of ethical wellness and a variety of dynamics that influence problem solving. Victoria offers insights on how ethical wellness and moral resilience affect the outcomes of ethical dilemmas often faced by legal professionals.
Victoria Vuletich is the CEO and founder of Ethics Squared LLC.
Is the complete Microsoft 365 experience worth your while? A lot of lawyers really aren’t aware of all of its capabilities, and the 365 universe just keeps expanding. Dennis and Tom help listeners gain a broader understanding of the possibilities available through this software and its particularly useful applications in legal practice.
Later, the “Hot or Not?” segment is back as the guys take the temp of Windows 11 and whether you should jump on the upgrade train.
As always, stay tuned for the parting shots, that one tip, website, or observation that you can use the second the podcast ends.
Have a technology question for Dennis and Tom? Call their Tech Question Hotline at 720-441-6820 for the answers to your most burning tech questions.
Special thanks to our sponsors, Posh Virtual Receptionists, Colonial Surety Company, and ServeNow.
We’re joined by Lawyerist Lab member, Anne Romanello, where we talk through the importance of strategy intensives and how they can help your firm. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to and for sponsoring this episode.
We’re joined by Lawyerist Lab member, Anne Romanello, where we talk through the importance of strategy intensives and how they can help your firm.
If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, get the first chapter right now for free!
Thanks to Posh Virtual Receptionists and Postali for sponsoring this episode.
Taking its lead from Neil Gorsuch's Supreme Court shenanigans, a Fifth Circuit panel told attorneys to go maskless. In Louisiana. The state that just edged past New York in COVID deaths per million. Though at least some of its judges care enough about freedom to respect the judgment of counsel. Joe Rogan is still, unfortunately, in the news and he's basically the poster child for how little people seem to understand about free speech. Meanwhile, the Milbank raises still have a lot of notable holdouts. When is the market going to catch up?
Special thanks to our sponsor, Posh Virtual Receptionists, LLC.
For so many law firms, SEO can feel like the golden ticket or all-encompassing answer to their marketing questions and strategy.
But great marketing and online presence goes beyond keyword searches, and in this episode we’re answering why focusing on keywords is the wrong approach to SEO.
Joining me for this conversation is Lorraine Ball, who after spending too many years in Corporate America, said goodbye to the bureaucracy, glass ceilings and bad coffee to follow her passion helping small business owners succeed.
Today, Lorraine is a successful entrepreneur, author, professional speaker, and host of the marketing podcast, More than a Few Words, brings creative ideas, practical tips, and decades of real-world experience to every conversation. As the founder of the Digital Toolbox Club, she helps business owners use internet marketing to grow.
Lorraine gives listeners actionable tips on: How to create content for great SEO, without relying on keywords Creating content that answers questions How to provide value on your website and keep your visitors engaged Tips to re-optimize a blog post
Resources mentioned in this episode: www.answerthepublic.com https://www.ask-socrates.com/ Why is focusing on keywords the wrong approach to SEO?
Trying to settle through mediation? Learn what works and what doesn’t from Hon. Glenn Norton, a former judge on the Missouri Court of Appeals who is now one of the most sought-after mediators in the Midwest. This encore conversation about the legal and psychological nuances of negotiation could make your next mediation more successful.
Trying to settle through mediation? Learn what works and what doesn’t from Hon. Glenn Norton, a former judge on the Missouri Court of Appeals who is now one of the most sought-after mediators in the Midwest. This encore conversation about the legal and psychological nuances of negotiation could make your next mediation more successful.
Hilary J. Allen isn’t sorry if you find her new book scary. In fact, she’s hoping that Driverless Finance: Fintech’s Impact on Financial Stability can spook enough people to create momentum for change.
Allen was involved in the Financial Crisis Inquiry Commission that was formed by Congress to study the causes behind the 2008 financial crisis. Now she sees the possibility of financial collapse on an even greater scale with AI technology being used in the financial industry; “smart contracts” that could bring down banks before human intervention is possible; cryptocurrency and non-fungible token sales being made for the purpose of speculation; and tech giants like Apple, Facebook, Amazon and Google contemplating offering financial services. In the future, she warns, banks might not be the only entities that become “too big to fail.”
While the public is concerned about the safety of driverless cars, there’s much less awareness about driverless finance, and the dangers it could pose to the global financial system are real, says Allen.
In this episode of the Modern Law Library, Allen speaks with the ABA Journal’s Lee Rawles about the promise and downsides of some “cutting-edge” financial products, and why innovation is not inherently good. She suggests some avenues for regulation and oversight, urges that regulators be given the technology and access to expertise they need to keep up with new financial products and markets, and explains what an NFT is–and what it isn’t.
Special thanks to our sponsor, Posh Virtual Receptionists.
You’re spending money to attract potential clients, now take the next step to ensure every moment of that client experience is amazing from intake to follow-up.
In a special LHLM 101 episode, Conrad and Gyi go deep into the mysterious world (well, not that mysterious) of Customer Relationship Management platforms, known as CRMs. Provide a better experience for your clients; analyze marketing data to know what’s working and what isn’t; and do it all while saving you both time and money. It’s hard work, but CRMs make it easier.
The days of tracking open cases on yellow legal pads is over. If you don’t know where to start, the LHLM dynamic duo run through the big-name platforms, the tricks and traps, and share their number one tactical tip to successfully implementing a CRM platform.
Special thanks to our sponsors Alert Communications, LawYaw, Posh, and Clio.
We're introducing sponsored podcast episodes where we'll be joined by a legal voice/company & discuss the newest features, happenings, and trends in the legal world. Today we are joined by Clio. We’ll be talking with them about the latest trends that solo & small firms should be on the lookout for! We're excited to offer these episodes to our audience and hope you'll enjoy. About Clio Clio currently offers two products in their robust legal tech ecosystem. Clio Manage is a Law Practice Management Software (LPMS) and Clio Grow is a law firm Customer Relationship Management system (CRM). Clio Manage is a LPMS platform that welcomes, and encourages integration. This is one of its greatest strengths. Clio boasts an extensive App Directory, and an Open API. It works-and-plays well with an almost overwhelming amount of legal tech. Additionally, it's one part of the entire Clio Suite. Which means you can seamlessly add Clio Grow (an intake CRM), albeit for an additional price. Clio Grow is a law firm Customer Relationship Management system (CRM). It was previously called Lexicata, and is now part of Clio's legal software suite. This means that it can easily be used in concert with Clio Manage. However, it can still be used independently, if you so choose. Helpful Links | |
We're introducing sponsored podcast episodes where we'll be joined by a legal voice/company & discuss the newest features, happenings, and trends in the legal world. Today we are joined by Clio. We’ll be talking with them about the latest trends that solo & small firms should be on the lookout for! We're excited to offer these episodes to our audience and hope you'll enjoy.
About Clio
Clio currently offers two products in their robust legal tech ecosystem. Clio Manage is a Law Practice Management Software (LPMS) and Clio Grow is a law firm Customer Relationship Management system (CRM).
Clio Manage is a LPMS platform that welcomes, and encourages integration. This is one of its greatest strengths. Clio boasts an extensive App Directory, and an Open API. It works-and-plays well with an almost overwhelming amount of legal tech. Additionally, it's one part of the entire Clio Suite. Which means you can seamlessly add Clio Grow (an intake CRM), albeit for an additional price.
Clio Grow is a law firm Customer Relationship Management system (CRM). It was previously called Lexicata, and is now part of Clio's legal software suite. This means that it can easily be used in concert with Clio Manage. However, it can still be used independently, if you so choose.
Helpful Links
Clio | 2021 Legal Trends Report | How Law Firms Use Clio (Video)
As part of a new feature on Lawyer 2 Lawyer, we are releasing something a little different. While we will be maintaining our regular practice of providing you high-quality commentary on the biggest subjects in the law today, every other episode for the next few months, we’ll be running a series we call “The Life of a Lawyer, Start to Finish”. This series will explore the experience of becoming and being an attorney, from applying to law schools through retirement and everything in between. We’re excited to use this series to offer some great advice for lawyers at all stages of their careers.
In our first episode, we will start, logically enough, with “How to Get into Law School.” Host Craig Williams is joined by Miriam Ingber, Associate Dean of Admissions & Financial Aid at Yale Law School, and Kristi Jobson, Assistant Dean for Admissions and Chief Admissions Officer at Harvard Law School, to cover their popular podcast for future law students, Navigating Law School Admissions, the admissions process, standing out in the crowd, and preparing for your first year.
Special thanks to our sponsor, Posh Virtual Receptionists.
The pandemic made many employers realize that they actually can do business with a remote staff, but there are still many issues to untangle as remote and/or hybrid work continues. To help attorneys understand the nuances of employment law for these new work situations, Rocky Dhir welcomes business and employment trial lawyer Trang Tran. They discuss how today’s common work situations interact with current laws and offer advice for protecting both employers and employees.
Trang Tran is a trial lawyer who has been serving individuals and businesses for over 20 years.
Special thanks to our sponsors, Clio and LawPay.
We’re joined by author and professor, Susan Ashford, where we talk about how you can use small, daily experiments to grow as a leader. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to and for sponsoring this episode.
We’re joined by author and professor, Susan Ashford, where we talk about how you can use small, daily experiments to grow as a leader.
If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, get the first chapter right now for free!
Thanks to Postali and Posh Virtual Receptionists for sponsoring this episode.
For so many law firms, SEO can feel like the golden ticket or all-encompassing answer to their marketing questions and strategy. But great marketing and online presence goes beyond keyword searches, and in this episode we’re answering why focusing on keywords is the wrong approach to SEO. Joining me for this conversation is Lorraine Ball, who after spending too many years in Corporate America, said goodbye to the bureaucracy, glass ceilings and bad coffee to follow her passion helping small business owners succeed.Today, Lorraine is a successful entrepreneur, author, professional speaker, and host of the marketing podcast, More than a Few Words, brings creative ideas, practical tips, and decades of real-world experience to every conversation. As the founder of the Digital Toolbox Club, she helps business owners use internet marketing to grow.
Even if you and your firm are completely above reproach, you could be sued. Your conduct may be scrutinized and every document you ever sent in a case may be discoverable. Are you prepared for that? This episode offers key insight into basic legal malpractice issues from being sued to handling a malpractice case for your firm. You may think it won’t happen to you, but neither did we.
Dave sits down with Anne Geraghty Helms and Julie Gryce of DLA Piper as well as Ira Lustbader from Children’s Rights to talk about the incredible need for pro bono legal work and how lawyers and their firms can get involved.
Stay Tuned for Latosha Ellis’ tips for Federal Diversity of Jurisdiction over Limited Liability Corporations.
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.
We’re joined by Lawyerist Lab Coach, Ryan McKeen, where we talk why reviews are so important for the growth and success of your business. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to and for sponsoring this episode.
There's plenty of conventional wisdom about what makes a good legal brief or court opinion. Judge Robert E. Bacharach of the Denver-based 10th Circuit Court of Appeals says that when judges socialize, their conversations often devolve into discussions about language and pieces of writing they enjoy or revile.
But Bacharach decided he wanted to dive deeper, to see what the science of psycholinguistics could teach lawyers and judges about how written words persuade an audience. The result was his new book, Legal Writing: A Judge's Perspective on the Science and Rhetoric of the Written Word, published by the ABA.
Legal Writing is a slim volume, but it's packed with tips. It considers details as microscopic as a serif on a letter and as macroscopic as how to create an outline for an argument. In this episode of the Modern Law Library podcast, Bacharach chats about his own writing process; shares his top takeaways from the psycholinguists he consulted; and offers his advice for young litigators looking to hone their skills.
Have you heard of a buyer persona? If you’ve done any kind of rebranding for your law firm or practice, you will likely have gone through a buyer persona exercise. I know it may be cumbersome to sit down and figure out who your buyer personas are, but I promise that it’s worth it, and this week’s episode will explain why. I’m joined by Stormie Andrews, creator of The World’s Best Buyer Persona® System and the co-founder of Yokel Local, an award-winning digital marketing agency located in Las Vegas, Nevada. His company is also the first Hubspot Platinum Agency Partner in the state.
Stormie gives listeners actionable tips on: - How to identify your buyer persona - How to define desirability and the ways in which it translates to your buyer persona - Why your buyer persona is a critical part of your marketing strategy - The 8 parts of the Element of Success Wheel and how they correlate with your buyer persona
Experts discuss legal tech topics like data security, user-centered design, and the digital divide, which were at the forefront of this year’s LSC Innovations in Technology Conference.
We’re joined by author and interpersonal dynamics expert, David Bradford, today where we talk about a new way to approach feedback. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to and for sponsoring this episode.
Evisort co-founder Jake Sussman says when the company began developing its contract management and analysis platform, its goal was to use artificial intelligence as a last resort. But it soon became clear that AI was the only way to solve the contract challenges that Evisort wanted to help users tackle.
Special thanks to our sponsors, Alert Communications and Smokeball.
At the beginning of each year, it’s important to sit down and map out how you want your business to grow. We do this by planning marketing efforts in advance, and slotting them into each quarter based on the level of importance. I thought to myself “who better?” than to bring Michelle Hunter, my Strategic Partner, back onto the podcast to give you insight on how to plan your marketing efforts in advance. Michelle is a content strategist and copywriter who believes proper positioning is the key to converting prospects into clients.
We’re talking with our Legal Tech Advisor, Zack Glaser, today about the future of legal tech in 2022 and beyond. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to and for sponsoring this episode.
Most of the spotlights are on the U.S. Supreme Court when it comes to legal cases that impact civil rights. But state supreme courts are the final arbiters of what each state’s own constitution dictates. They can have enormous influence on Americans’ civil rights and daily lives—and there isn’t nearly as much scholarship available on them, particularly when it comes to civil rather than criminal cases. Political scientists James L. Gibson and Michael J. Nelson hope to change this with their new book, Judging Inequality: State Supreme Courts and the Inequality Crisis.
When Gibson and Nelson set themselves the task of analyzing civil cases and the court makeups of all 50 state supreme courts, they realized without additional manpower it would be a daunting one, they tell Lee Rawles in this episode of the Modern Law Library podcast. With the help of students, they created a database to track the outcomes of seven kinds of civil cases that would come before each court, and looked to see which courts tended to support the “haves” against the “have nots.” They also analyzed the backgrounds of each justice, to the best of their ability. One of their most important findings? It’s not as facile as a red state/blue state divide.
In this episode, Gibson and Nelson discuss the work that went into their study, the results they found most surprising, and what they as political scientists think that the legal profession should be discussing when it comes to the highest courts in each state.
Experts discuss how the legal system operates in rural communities and how to expand access to justice in these regions on the latest episode of Talk Justice.
– hosted by Legal Service Corporation President Ron Flagg.
How has the landscape changed for law students nowadays compared to 10 or 15 years ago? How are the challenges similar or different from what you may have experienced when you were in law school? In this episode, I sit down with Samantha and Haylie, Co-Hosts of the Ladies Who Law School Podcast, and 3L Law Students in Oklahoma City.
We talk about: - How the pandemic has affected law students - Which beliefs are outdated in the legal industry compared to years before - How the outlook on Big Law has changed for the next generation of lawyers - Being a law student and studying the law amidst some of society’s most defining moments
A discussion of major developments in 2021 for access to justice and civil legal aid communities, legal technology and regulatory reform.
Host: Jason Tashea, LSC Emerging Leaders Council
Expert witnesses can make or break your case. Not only do they need to understand the facts of the case and the subject matter, but they must also clearly communicate their position to the jury. But you can’t always count on credentials alone. In this encore presentation, Trial attorney Erica Slater of The Simon Law Firm joins John and Erich to discuss expert evaluation strategies that can help avoid surprises in the depo, trial, and invoice.
Part Two of our discussion on how to take a deposition dives into deeper issues, such as asking the ultimate issue in a case, tips for handling evasive witnesses, and how to get the information you want when the request is deemed overly broad or burdensome. John wraps up our discussion with his most important depo-taking tip; how to remember key points from any deposition and have them at your fingertips for future analysis.
Ever said something in a meeting that is ignored when you say it, but suddenly becomes a great idea when repeated moments later by a male in the room? Are you passed over when solutions are being discussed, but at the top of the list when the work is dished out? If you often feel invisible, you are not alone. This episode covers subtle ways to be heard and acknowledged in your next meeting. Try our tips. And if all else fails, you can always wear a unicorn head…
As the new year approaches, you may be re-evaluating your priorities and searching for a better balance. This popular archive episode offers a few ideas that can help you restructure your day, reduce your stress and keep your batteries charged. Resolve to tune in and take charge of your day in a better way.
You work so hard every day in your firm to build a more profitable practice. But then you take a look at the numbers, and wonder why there isn’t much income left at the end of the day for you.
Budgets can feel overwhelming. We create them to help us stay on target, but feel like money is being spent everywhere – how is it really contributing to your bottom line?
In this episode, I speak with Brooke Lively, Founder of Cathedral Capital, to talk about why budgets suck, and how to run a more profitable business.
Cathedral Capital is a company made up of a team of CFO’s and Profitability Strategists who help entrepreneurs turn their businesses into profitable companies. Brooke is a highly regarded international speaker and author.
With expertise in growth management, creative problem solving and profitability strategy, Brooke has been featured in international media including Forbes, CNBC, and US News and World Report.
When designing your firm’s website or marketing materials, it can be overwhelming to want to ‘get it right’.
Oftentimes, we forget that design has many iterations, and that the first draft of anything we create is rarely the final version.
So, when it comes to your service design, are you designing assets with your clients in mind? Are you studying and taking into account how your potential clients are searching for and finding you?
This week on the show, I spoke with Sérgio Taveres, who has a PhD in Culture and Technology, and works at the Helsinki studio of lead design agency Frog. He approaches strategy and foresight with design techniques.
So many young lawyers and recent grads are hungry to earn a law clerk position. As prefaced in the ‘Law Clerk Handbook’ by Judge Alvin B. Rubin and his clerk Laura B. Bartell, “the partnership between a federal judge and the judge’s clerk can be a splendid and mutually rewarding relationship”. Host Dave Scriven-Young sits down with Judge Joan Lefkow of the U.S. District Court for the Northern District of Illinois and her former law clerk Gerard Belfort now at Ballard Spahr. Together they discuss what law clerks do, recommendations for earning a clerkship, and tips for litigators in front of the court.
Stay tuned for Darryl Wilson’s litigation tips about conflicts of interest.
Sonia Russo is joined by Shawn Hoover (a first chair trial attorney with the Georgia Capital Public Defenders), Anthony Santos (a deputy district attorney in Jefferson County, Colorado), and U.S. Army Major Earl Wilson (the chief of military justice at the first cavalry division at Fort Hood, Texas). Together, they deep dive into the criminal justice system from the perspective of lawyers of color.
We’re talking with Lab coach, Maryellen Stockton, today about what re-onboarding looks like in 2022 with going back to the office If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to and for sponsoring this episode.
So many young lawyers and recent grads are hungry to earn a law clerk position. As prefaced in the ‘Law Clerk Handbook’ by Judge Alvin B. Rubin and his clerk Laura B. Bartell, “the partnership between a federal judge and the judge’s clerk can be a splendid and mutually rewarding relationship”. Host Dave Scriven-Young sits down with Judge Joan Lefkow of the U.S. District Court for the Northern District of Illinois and her former law clerk Gerard Belfort now at Ballard Spahr. Together they discuss what law clerks do, recommendations for earning a clerkship, and tips for litigators in front of the court.
Stay tuned for Darryl Wilson’s litigation tips about conflicts of interest.
We’re talking with co-founders of Lawyerist, Sam Glover & Aaron Street, about a new way to think through your exit strategy. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , and for sponsoring this episode.
We've made it through another year. Well, almost. We probably shouldn't start counting our bats and pangolins before they've hatched. Joe and Kathryn look back at the wild ride of 2021 and make some predictions about what 2022 holds. Also... it's that time of year to send in your Lawyer of the Year nominations.
Special thanks to our sponsors, Lexicon and Nota.
Podcast host Meg Steenburgh welcomes recent grad Shannon Knapp and fellow law students Sarah Roberts and Tiffany Love to get their perspectives on law school, legal practice, and life! They each discuss their unique student and real-world experiences—sharing the paths they’ve chosen to pursue, tips for self-care and motivation, and what has helped them handle the rigors of law school and entrance into the profession.
Shannon Knapp is a recent graduate of Syracuse University School of Law and an Associate Attorney at Bond, Schoeneck & King PLLC in central New York.
Sarah Roberts is an entrepreneur based in eastern Texas and a 2L at Syracuse University School of Law.
Tiffany Love is an Air Force spouse, civilian paralegal, and 3L at Syracuse University School of Law.
Thank you to our sponsor NBI.
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.
New year, new … job? The legal field is struggling to find paralegals and fill vacancies during the “Great Resignation.” For paralegals, that creates opportunities to break into the field or to advance your career.
Guest Tony Sipp, a paralegal manager for a national law firm, says it’s more important now than ever for paralegal professionals to know their worth, highlight their skills, and pursue their dreams. Firms are hiring now.
Hear what hiring managers are looking for today – from soft skills to tech, including e-filing and e-discovery and Zoom and Microsoft Teams. Listen to Sipp’s valuable job seeking and interviewing tips as we head into a promising year for paralegals. Even if you’re happy where you are, it doesn’t hurt to look around or ask for what you want.
Special thanks to our sponsors NALA, ServeNow.
Digital court reporting has been invaluable throughout the pandemic, and new tech in this area continues to help court proceedings run more smoothly. Sharon Nelson and Jim Calloway chat with Tony Sirna about how AI can work hand-in-hand with digital reporters, how these tech and human elements aid in both in-person and virtual proceedings, and what has changed as a result of pandemic-era changes in the courts.
Tony Sirna is the legal strategist and customer success manager at Verbit.ai.
Special thanks to our sponsors, Alert Communications, Blackletter Podcast, Scorpion, and Smokeball.
In her debut novel, All Her Little Secrets, attorney Wanda M. Morris has written a legal thriller full of corporate intrigue and small-town secrets. Morris takes readers inside Atlanta boardrooms and back into the past of her heroine, Ellice Littlejohn.
What would possess someone to react to the sight of her boss (and longtime married lover) shot to death in his office by closing the door and walking away without alerting anyone? The trauma behind Littlejohn’s actions becomes clearer as readers discover more about her background, and they may have a hard time putting down the novel as Littlejohn tries to discover the real reason behind her subsequent promotion at work. Is she a pawn, a token or a fall guy? Can she protect the people she loves and make sure her long-buried secrets don’t rise from the grave?
In this episode of the Modern Law Library, Morris discusses her 13-year journey towards publication, tips she has for fellow lawyers who want to write books, and the motivations behind her characters’ actions with the ABA Journal’s Lee Rawles. While this interview remains spoiler-free, Morris reveals the backstories behind some of the characters in her book, and shares her thoughts on the real-life racism that is reflected in Littlejohn’s experiences as the only Black woman attorney in an executive suite.
We’re talking with author and entrepreneur, Sherry Deutschmann, about how important it is to have empathy in your leadership with your business. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , and for sponsoring this episode.
We’re talking with author and entrepreneur, Sherry Deutschmann, about how important it is to have empathy in your leadership with your business.
If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, get the first chapter right now for free!
Thanks to Rankings.io, TextExpander, and Litera for sponsoring this episode.
The phrase “Work-Life Balance” is considered inadmissible by the female trial attorneys at The Simon Law Firm. In an encore presentation of this popular episode, you’ll find out why Amy, Erica, Liz, and Mary refuse to accept this stressful mindset and offer tips that can help you release a little guilt and truly enjoy the holidaze.
According to John Simon, the three most important things to do when taking a deposition are to listen, listen and listen. But after that, what makes the difference between a depo that covers the facts and a depo that closes the case? Attorneys John Simon, Tim Cronin and Erich Vieth discuss when to deviate from your outline, what to do if opposing counsel tries to intimidate you, and why it’s important to get non-verbal responses into the record.
As the year winds down, folks seem a little extra agitated. A judge called her colleagues names and got booted from the bench. A partner bailed on his firm rather than get the scientifically proven vaccine. Meanwhile the legal press jumped on news of another round of salary raises as an extra dose of year-end drama that didn't actually happen. 2021 is bad enough, folks... don't try to make it any extra.
Special thanks to our sponsors, Lexicon and Nota.
Are you tired of trading time for money? If you said yes, this episode is for you!
Kimberly Bennett teaches us how you can have more time for what you love, without the burnout, by making a few changes to your services, and by integrating subscriptions into your offerings.
Kimberly is the Co-Founder of Fidu, a client experience platform, which was named the viewer’s choice winner and the $100,000 grand prize winner in the 2021 Launch//Code Developer Contest by Clio as determined by this year’s esteemed panel of judges.
She is an avid traveler, lover of technology, legal industry disruptor, speaker, business coach, and an attorney who runs K Bennett Law LLC – – a boutique, virtual, brand strategy law practice offering on-demand and subscription legal services to CEOs and Executive teams.
In addition to running K Bennett Law, Kim is the co-founder of Fidu Legal, co-founder of Atlanta Legal Tech, serves on the board of ABA TECHSHOW, is an advisor to CaseText, and has been recognized as a Women of Legal Tech and Fastcase50 honoree.
We talk about: - Why law firms should consider subscription-based services - How to not trade time for money - Tips to adding subscriptions to your firm - How subscriptions actually help your clients - The difference between a subscription and retainer
Experts discuss how the pandemic and natural disasters affect domestic violence survivors on the latest episode of Talk Justice. Their conversation highlights how the legal system is responding to the increased threat.
Host: LSC President Ronald S. Flagg
Of course you know you need to prepare for a depo, but can you improve your preparation? Tim Cronin, John Simon, and Erich Vieth examine research techniques, exhibit organization, and technical considerations that can help you better understand the issues, and your deponent. Tune in for timely tips that will help you feel more confident and better prepared for your next deposition.
A deposition is not a casual conversation. It’s a well-planned, goal-oriented investigation to uncover facts and opinions that will help you establish key points in your case. Do you know what you need from this deponent? Should you stick to a prepared list of questions or go with the flow? And how can you get clues to the opposing side’s strategy and reinforce the strength of your position during a depo? John, Erich, and plaintiff attorney Tim Cronin share tips on how to define your deposition goal and get the answers you need.
The end of the year means parties, presents and perhaps a little bit of stress. Get back in the spirit of the season with this episode’s timely tips on trickle-down office gift-giving, professional party behavior, and a much-needed nudge to take time for a purposeful analysis of your goals and excuses for this year and next. And don’t forget your accountabilibuddy! Happy holidays from all of us at Heels in the Courtroom.
It’s a complicated trucking case involving the tragic death of a child. In the face of intimidation tactics and late nights at trial, you must set those issues aside and get it done for your client. Plaintiff attorney Erica Slater managed the complex dynamics of a spouse suing a spouse, last-minute revelations in discovery, and phantom vehicles, and received a significant verdict for her client too. Hear the whole story and some interesting legal insights in this episode of Heels in the Courtroom.
Why do we as women shy away from creating social media content? Perhaps our perfectionism creeps in, our fears and doubts about being seen in a big way show up, or worse, making a mistake and worrying about how we will recover.
These are all things we talk about in today’s episode, and I wanted to bring on Davina Frederick as she has real-life examples of how she has navigated through some of these hard moments herself.
When it comes to creating content, there’s no “right” or “wrong” way, it’s about the way that feels best to you. And we do need to show up, we need to take up that space, because our clients are waiting for us to do so.
Davina is a Florida-licensed attorney, law firm growth strategist, and founder of Wealthy Woman Lawyer, LLC®. Wealthy Woman Lawyer® helps women law firm owners scale their law firm business to and through a million dollars in annual revenue with total ease.
AJ Shankar, the founder and CEO of e-discovery platform Everlaw, likes to say his company’s technology is designed to help clients find needles in a haystack. But he notes that the haystacks that law firms and corporate in-house teams have to confront have grown in size and complexity in recent years. This has prompted cloud-based Everlaw to enhance and broaden its e-discovery offerings.
Special thanks to our sponsors, Alert Communications and Smokeball.
In our annual year-in-review episode, Lee Rawles speaks to her ABA Journal colleagues Blair Chavis, Matt Reynolds and Amanda Robert to find out how they spent their free time in 2021. Like many people, we’ve found it more difficult during the pandemic to read for pleasure, so this year we’re also sharing what TV shows, movies and podcasts we would recommend, in addition to our favorite books and audiobooks. We also share what we’re adding to our to-read and to-watch lists in 2022. Have your own favorites? Email them to us at books@abajournal.com, and you may hear them featured in a future episode.
We’re talking our newest Lawyerist team member and Lab coach, Sara Muender this week all about what it means to be a business coach and have a coach as well. We talk about her background and what she is excited to bring to the Lawyerist team. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , and for sponsoring this episode.
We’re talking to Cat Moon this week about innovation & design in the legal field and how COVID has helped shape new trends/issues since rearing its head over the past 18+ months. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , and for sponsoring this episode.
He manages legal operations for one of the most dynamic companies in the world but where did Tony West learn leadership and the skills needed to become Uber’s Senior Vice President, Chief Legal Officer, and Corporate Secretary? In this episode of Litigation Radio, Tony West sits down with host Dave Scriven-Young to impart wisdom earned during his career and the people (e.g. Janet Reno) he learned from along the way. Together they also discuss the DEI initiatives at Uber, how he put together one of the best legal teams in the business, and why successful mentor/mentee relationships become two-way streets in the long run.
Stay Tuned for Latosha Ellis’ tips on picking the best jury for your case.
You were meant to take up space. Especially in the legal industry, which is typically male dominated, it’s more important now than ever before to stand up for yourself, your beliefs, and let your true self shine — whether that’s with clients, in the courtroom, or at home.
My guest this week is Nequosha Anderson, who is a business and intellectual property attorney. For the last eight years, she has assisted primarily women creatives who want to legally protect their income producing ideas. She safeguards businesses and brand assets to ensure the intellectual property is secure and not stolen allowing the business owner to creatively operate in their genius and not be robbed of what’s rightfully theirs.
We’re talking to Dan Gingiss this week about why experiences matter to your clients and easy ways to wow them! If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , and for sponsoring this episode.
The purpose of every deposition should be to advance your case. How do you decide which depos are crucial to your case, and which ones you can or should avoid? In the first of several episodes on deposition strategy, Plaintiff attorney Tim Cronin joins John and Erich discuss key considerations regarding the first decision you make when planning your deposition strategy…will this depo hurt me or help me?
Do you do a statutory interpretation of board game rules at every family gathering? Does a trip to the grocery store involve observations about slip and fall potential? And how many liability lawsuits would you have filed over the Jurassic Park debacle? Laugh along with this spirited discussion about trying to turn off your lawyer brain…..and get solid advice on what to do if you can’t.
What comes to mind when you think about ‘design thinking process’? If you’re unfamiliar with the concept, it’s about prioritizing empathy so that your client can have an excellent experience with you.
How does this impact your bottom line? Because you’ll have happy clients who remember you in times of crisis, but who will also refer you to their loved ones.
One of the biggest pieces to any lucrative marketing strategy is ensuring that empathy piece in every touchpoint – it’s what makes you the expert lawyer.
My guest this week, Laura Hartnett, has been on both sides as the lawyer and the client. She spent almost 15 years as a management consultant, a litigation associate for national and international law firms, and an in-house counsel for a Fortune 100 company. Now she brings her experience to law firms and legal departments consulting lawyers on how to use legal design thinking to make lawyering better.
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.
Like the legal profession, the practice of medicine in the United States is highly regulated. But it hasn’t always been, and the idea that a person has the right to try the medical therapies of their choice has a much longer history. In Choose Your Medicine: Freedom of Therapeutic Choice in America, law professor Lewis A. Grossman introduces readers to a fractious history with some unexpected combatants–and comrades.
From his research, Grossman discovered that skepticism towards medical authorities has been the historical attitude Americans have held through the majority of the country’s history. Instead, the deviation was the confidence and trust in science that held sway in the 1930s through the 1960s. In this episode of the Modern Law Library, Grossman discusses these historical attitudes with the ABA Journal’s Lee Rawles, and what these attitudes could mean for the country’s public health.
Grossman points out that views on medical choice don’t map directly onto political views. During the AIDS crisis in the 1980s and 1990s, liberal gay activists teamed up with anti-regulation conservatives to demand the FDA change its policies and let HIV-positive people try drug treatments that hadn’t yet completed the approval process. During the COVID-19 pandemic it appears conservatives are more likely to demand unproven drugs and treatments like hydroxychloroquine (touted by former President Trump) and the anti-parasitic drug Ivermectin, but there are numerous instances of vaccine hesitancy on either side of the political spectrum.
Choose Your Medicine takes readers back to the time of “heroic medicine,” where doctors advocated for extreme (and sometimes deadly) treatments like purgatives and bloodletting in the hope that some progress would be made towards cures. The book looks at pre-Civil War efforts to regulate the practice of medicine, and shows how they failed. It illuminates once-popular movements like Thomsonianism, practiced by followers of a 19th century herbalist named Samuel Thomson.
One chapter of the book deals with the changes brought by the 1970s health movements. A cautionary tale from that time is Laetrile–a “medicine” made from apricot pits–which was touted as a wonder drug that could fight cancer. In practice, Laetrile did no such thing. But not all lobbying for alternative treatments has been a failure: Supporters of medical cannabis have been able to completely shift laws and attitudes towards marijuana over a relatively short amount of time. Other alternative treatments like acupuncture and chiropractic practices have become mainstream and successful.
In this episode, Grossman–who started writing the book long before the COVID-19 pandemic began–discusses what it’s been like to see a new field of battle develop over medical choice. He talks about the constitutional theories advocates have used to push for therapeutic choice. He also shares a story he tells his students at the beginning of every semester: the story of a college student named Abigail Burroughs, who was dying from cancer and seeking an experimental drug.
We’re airing an older show from 2020 that we believe is just as relevant now as it was then. We’re joined by Annie Grace, who has helped over a hundred thousand people answer a simple question: “Would my life be better if I were drinking less?” (If you’re asking yourself that question, it probably would be.) She explains how to think about your relationship with alcohol and why moderation is harder than just drinking or not drinking. Plus, good manners for drinkers in the company of non-drinkers! Try yourself. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , and for sponsoring this episode.
Joe and Chris discuss the Rittenhouse verdict and the limits of self-defense standards. Specifically, at what point can stripping a case of all its context rob it of value. Meanwhile, Sheriffs are refusing to enforce laws -- usually vaccine and mask requirements. What are the limits of prosecutorial discretion and, how in the world is it okay for an activist group to offer scholarships to law enforcement for neglecting their duties? Finally, we check in on NYU's FedSoc chapter where board members resigned after learning that the group is doing... exactly what the Federalist Society is created to do.
Special thanks to our sponsors, Lexicon and Nota.
Has the topic of vaccines become the new “no talk of politics, sex, or religion at the dinner table?” As we approach the Thanksgiving holiday, the topic of who is or is not vaccinated is sure to come up ahead of the big day. According to the US Centers for Disease Control and Prevention, 58.5% of the United States is currently fully vaccinated against Covid-19. So, if you’re faced with a conflict with your family and friends this holiday season, how do you avoid a squabble of epic proportions?
On Lawyer 2 Lawyer, host Craig Williams is joined by psychologist and therapist Dr. Roseann Capanna-Hodge to discuss hosting Thanksgiving and how to peacefully broach the controversial topic of vaccines with your family members. Craig and Dr. Roseann take a look at the reality of COVID during the holidays, public health, conflict resolution, negotiation, and the best approach to ensure safety at your home.
Have you ever wondered about the secret to getting great PR for yourself and your firm? How do some lawyers get quoted over and over again in media publications on topics you know you’re the expert in? Meet Michelle Calcote King, and this week we’re diving into why PR is necessary to incorporate into your firm.
Michelle is the Principal & President of Reputation Ink, a professional services public relations and content marketing agency serving law firms. She has decades of experience securing media coverage for law firms and sits on the Legal Marketing Association’s Southeast Board of Directors.
We talk about:
Why the success of PR is hard to measure What share of voice is and how to grow your firm’s share of voice Why credibility in media outlets and ultimately across Google are important for your firm’s growth and success Tips to producing valuable content
The COVID-19 pandemic has caused courts—previously slow to adopt new technology—to leap into prioritizing digital services. As legal aid and court services increase the use of online tools, there is a concern that people without access to technology and high-speed internet will be left behind. This gap, referred to as the “digital divide,” is the topic of the latest Talk Justice episode.
Attorneys Alan Russo and Marie Castronuovo from the law firm Russo & Gould discuss social inflation and its impact on the insurance industry.
Special thanks to our sponsor, AM Best Company, Best’s Insurance Professional Resources, including Qualified Member attorneys, adjusters and expert service providers.
We’re talking with Allen Rodriguez today about his new Alternative Business Structure in AZ, Singular Law. He and his partner are some of the first to get licensed under the new rules. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , and for sponsoring this episode.
We’re talking with Allen Rodriguez today about his new Alternative Business Structure in AZ, Singular Law. He and his partner are some of the first to get licensed under the new rules.
If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, get the first chapter right now for free!
Thanks to TextExpander, Postali, and Rankings.io for sponsoring this episode.
Law prof Michele Pistone says there aren’t enough immigration lawyers and pro bono attorneys to meet the demand of immigrants seeking legal assistance. This justice gap is a primary reason that she created a program to train paraprofessionals to handle legal work in the immigration realm.
Special thanks to our sponsors, Alert Communications and Smokeball.
Regardless of your financial situation, the beginning of your career is a terrific time to build credit. Great credit affords you critical opportunities when you fund your practice or buy a home. It’s not about what you’re earning, it’s about the payment mechanisms. Financial speaker-writer-consultant Eric Rosenberg joins our very own Mathew Kerbis for a deep dive on establishing and building incredible credit. Together they discuss how to leverage credit card use and point systems to help optimize your financial strength. Tune in and live the good life!
Special thanks to our sponsor, The Velvet Hammer.
In Glynn County, Georgia, the trial of three white men charged in the death of Ahmaud Arbery has selected a jury, however the makeup of that jury has raised some controversy. With eleven White members and only one Black member, the prosecution has accused the defense of eliminating qualified Black jurors from serving.
In response to a motion filed by the State, presiding Judge Timothy Walmsley said, “This court has found that there appears to be intentional discrimination.” However, after hearing arguments by the defense, the judge ultimately denied the state’s motion, and gave the greenlight to move forward, ruling that there were in fact valid reasons that went beyond race for why the jurors were dismissed.
On Lawyer 2 Lawyer, host Craig Williams is joined by Christopher Slobogin, director of the Criminal Justice Program at Vanderbilt Law School, as they spotlight the trial in the killing of Ahmaud Arbery. Craig and Chris discuss the racial breakdown of the jury, the "intentional discrimination" in jury selection, the citizen's arrest law, and the potential impact all of this this could have on the case.
Guest Phil Alvarez, director of 9/11 Outreach and Education for the law firm Hansen & Rosasco, shares how his brother fought to the end like the hero he was. Luis Alvarez was an NYPD detective who worked in the toxic ruins of the World Trade Center for months, not knowing a silent beast would stalk him for the rest of his life, and dying of cancer caused by the chemicals in the air and the rubble.
Before he died, Luis fought for every victim – past and future – of the terror attack, pressing Congress to pass a final, permanent victims’ fund, the “Never Forget the Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund Act.”
This heartbreaking tale of determination is a testament to our everyday heroes and the advocates who never give up their fight to protect America’s workers. Take a moment to listen and reflect on the vital importance of worker protections.
Sidley is offering associates firm branded AirPods and jackets as a token of appreciation after bringing lawyers back to the office. Putting aside whether or not that's a fair deal for associates, what exactly makes for a good branded gift? Not all swag is created equal. We also chat about a town in California that has declared itself an independent Constitutional Republic (that's not a thing), the moral authority of Big Bird, and Lin Wood's emails.
Special thanks to our sponsors, Lexicon and Nota.
Law firm and business expert, Lori Gonzalez, joins us today to discuss the recent regulatory reform regarding nonlawyer ownership. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to Clio, , , and for sponsoring this episode.
Law firm and business expert, Lori Gonzalez, joins us today to discuss the recent regulatory reform regarding nonlawyer ownership.
If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, get the first chapter right now for free!
Thanks to Clio, Rankings.io, TextExpander, and Postali for sponsoring this episode.
Discover the man behind 12 Angry Men, and the real-life case that inspired him by Legal Talk Network
Veterans advocates discussed how unfavorable discharges, known as “bad paper,” prevent veterans from accessing the basic benefits and services they need on the latest episode of “Talk Justice,” the Legal Services Corporation’s (LSC) podcast.
{produced by the Legal Services Corporation}
Most med mal cases aren’t decided for the plaintiff, so when a verdict of this magnitude is ruled in your client’s favor, it’s something to celebrate and learn from. In this episode of Heels in the Courtroom, Amy Gunn and Liz Lenivy share their pre-trial and courtroom strategies and discuss the concepts of agency, bifurcation, and some little-known facts about medical records. It’s a great story filled with drama, deceit, and darn good discovery skills that helped our client get the compensation he deserved.
In an encore presentation of one of our most popular episodes (EP109), John Simon presents twelve specific tips for creating a highly persuasive opening statement. Take a listen and learn what all the other attorneys who downloaded this podcast already know about making their case stronger from the start. You’ll be glad you did when you step in front of your next jury.
How does someone know if they have an alcohol problem? In the legal profession, alcohol consumption has long been the norm, but, for some, healthy limits become blurred and unhealthy patterns emerge. On Balance hosts Molly Ranns and JoAnn Hathaway talk with Wendy McCallum about her personal experiences with alcohol and legal career burnout. Wendy talks about the importance of tuning in to your own concerns, avoiding shame-and-blame cycles, and treating yourself with self-compassion as you make changes.
Wendy McCallum is a professional burnout and alcohol coach and wellness expert.
Client portals have been around for quite some time now, and they have absolutely thrived since the onset of the pandemic. But, of course, there are still those in legal practice that have yet to make use of this increasingly essential service in their law firms. Dennis and Tom chat about what portals can do for your legal business and offer tips on how to best implement them for your clients.
On Hot or Not?, Dennis and Tom offer their opinions on Google’s latest tech—the Pixel 6 and Pixel 6 Pro—and scrutinize whether these new offerings are worth your interest.
As always, stay tuned for the parting shots, that one tip, website, or observation you can use the second the podcast ends.
Have a technology question for Dennis and Tom? Call their Tech Question Hotline at 720-441-6820 for answers to your most burning tech questions.
Special thanks to our sponsors, Colonial Surety Company, ServeNow, and Nota.
Did opposing counsel push you around in your last depo? Are you at the office until midnight 4 nights a week? Have you joined 17 organizations with the hopes of expanding your network but it’s stressing you out instead? In part two of our discussion, you’ll learn how to avoid these common young-attorney pitfalls with real-life advice from John Simon and three of the newest attorneys at the firm. Tune in and discover successful strategies that can help any attorney become a better lawyer and a happier human.
Want to know what the interviewer really wants to see on your resume? What’s the biggest opportunity to sell yourself most interviewees miss? Should you talk about your hobbies? How about using a cover letter template? What questions do interviewers hate to hear? Is it important to send a thank-you note, and if so, how and when? This episode answers these questions and more and will help you make a positive and memorable impression in your next interview. Note to self: your obsession with the Kardashians might not be the best thing to lead with.
Legal advertising has become more and more sophisticated in our tech-driven age, and the State Bar of Texas’ advertising review department is striving to become equally sophisticated in giving lawyers speedy, straightforward feedback on ad compliance. Rocky Dhir welcomes Gene Major to learn all about the department’s new advertising review portal, which is now available for all State Bar members.
Gene Major is the attorney compliance division director and director of advertising review for the State Bar of Texas.
Special thanks to our sponsor, Clio.
Lawyerist Product Director, Ashley Steckler, shares how to better scope and manage projects for your business. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to Clio, , , and for sponsoring this episode.
Lawyerist Product Director, Ashley Steckler, shares how to better scope and manage projects for your business.
If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, get the first chapter right now for free!
Thanks to Clio, Rankings.io, TextExpander, and Postali for sponsoring this episode.
Many trial lawyers believe that the less their client says to opposing counsel the better… but is that really true? Kenneth Berman, author of ‘Reinventing Witness Preparation’, joins Dave for a deep dive conversation on how you and your client can take control the narrative even during a line of deceptive questioning. Teaching your client how to answer clearly and completely can be the salvation of your case. Tune in to hear all about it.
Stay tuned for Darryl Wilson’s litigation tips about protecting 3rd party confidential information during discovery.
What do you do when your company grows from a two-person startup into a billion dollar enterprise, operating internationally with a workforce over 500? You invest in the dreams of others… that’s what! Tune in to hear how Clio is investing in promising early-stage companies with diverse founders from its VP of Corporate Development Shubham Datta.
Grow your firm and make more money! Hear what every law firm should know about the legal profession’s changes during the last two years. Clio’s Chief Operating Officer George Psiharis stops by to share what they learned putting together their annual Legal Trends Report. This free report can help dramatically boost your profits. Tune in to hear how!
Many attorneys have received an offer of an award recognizing them as a distinguished lawyer in your city or state. Perhaps the message, coming as an email or a message on Facebook, offers a custom plaque, an inscribed crystal, and/or an appearance in a publication, and all for the low, low price of the membership fees to the awarding organization. Who would ever pass up such a rare opportunity?
So are we looking at a pay-to-play here? A scam? What is the application process? And should lawyers beware?! On Lawyer 2 Lawyer, host Craig Williams is joined by Conrad Saam, founder of Mockingbird Marketing, to talk about the award industry, the constraints for legal marketing, and what lawyers should do if they receive a solicitation promising an award for a price.
Watch this channel next week for a special bonus Lunch Hour Legal Marketing episode. But there’s no need to wait! Click here to find all the great content from Lunch Hour Legal Marketing.
Payment platforms can be a lifesaver for law firms big and small. Jim Calloway and Sharon Nelson get to know Dru Armstrong, recently appointed CEO of LawPay, and talk with her about how payment platforms help lawyers get paid faster, improve client relationships, manage trusts, and much more. They also discuss LawPay’s upcoming offering, ClientCredit, and how it will allow attorneys the opportunity to provide more payment options for their clients.
Dru Armstrong is the CEO of LawPay.
Special thanks to our sponsors, Alert Communications, Blackletter Podcast, Scorpion, and Smokeball.
Lawyerist Lab member, Julio Oyhanarte shares about how his popularity on TikTok helped grow his business. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to Conroy Creative Counsel , , and for sponsoring this episode.
Be honest. Underneath your steel facade that always looks poised and perfect, you’re drowning in a sea of deadlines, demands, and sleep deprivation. Are you suffering from everyday stress or chronic burnout? And is there a cure? Give yourself the grace to take a breath and listen to some great burnout-busting advice from the Heels in the Courtroom attorneys. We’re feeling the burn too!
Ever feel like your law degree gave you the keys to a shiny new sports car, but you don’t know how to drive? John Simon and three young attorneys from his firm offer reassuring hands-on-the-wheel advice about trying their first cases, taking criticism and learning to trust your instincts. Consider this episode a driving lesson from a trusted mentor who will help you navigate the stress and insecurity of life in the fast lane as a young trial attorney.
Legal experts discuss the role of data in understanding and implementing civil legal aid. Guests James Sandman, president emeritus of the Legal Services Corporation; David Udell, executive director of the National Center for Access to Justice (NCAJ); and Logan Cornett, director of research at the Institute for the Advancement of the American Legal System (IAALS), join LSC Emerging Leaders Council member Jason Tashea to offer their perspectives on the importance of data collection for increasing access to justice.
{produced by the Legal Services Corporation}
Dave Scriven-Young talks with Beth Kaufman of Schoeman Updike Kaufman & Gerber LLP and Professor Lara White from Tulane University Freeman School of Business about the 2021 Women in Litigation Joint CLE Conference as well as the work they are doing to get more women into lead trial roles.
Lawyerist Lab member, Julio Oyhanarte shares about how his popularity on TikTok helped grow his business.
If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, get the first chapter right now for free!
Thanks to Conroy Creative Counsel, Postali, Rankings.io, and TextExpander for sponsoring this episode.
Attorneys Lary Zucker and Sara Mazzolla from the law firm Marshall Dennehey Warner Coleman & Goggin discuss risk management guidelines and accident prevention in the amusement, sports and entertainment industries.
Special thanks to our sponsor, AM Best Company, Best’s Insurance Professional Resources, including Qualified Member attorneys, adjusters and expert service providers.
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.
With today’s tight, post-pandemic labor pool, trained, quality legal intake professionals are scarce. Law firms are increasingly turning to outsourced intake, receptionist, and onboarding services.
Jeff Mosler, CEO of Nexa Receptionist Holdings LLC (you probably already know their Alert Communications brand) explains how law firms leveraging the flexibility of a turnkey, pretrained outsourcing platform can maximize marketing investments, answer calls in just three rings, and carry potential clients from a curious call to a signed retainer. Stop wasting marketing dollars on lost leads.
Even for established firms, an outsourced platform – with the ability to engage by phone, web chat, email, and text – can help firms engaged in one-time, mass tort cases as needs ramp up then scale back. For big firms or small, a trained, on-call pool of legal intake specialists could be the answer.
Special thanks to our sponsors Law Clerk, Alert Communications, LawYaw, and Scorpion.
More than half a million jobs in cybersecurity go unfilled each year, showing a major need for more individuals to enter this ever-growing field. Think you might be up to the challenge? John and Sharon talk with Rob Lee about training available through the SANS Institute and the current hottest areas in the profession. Rob also offers recommendations, both for young people hoping to orient their college education toward cybersecurity and professionals looking to make a career shift into the field.
Rob Lee is the chief curriculum director and faculty lead at the SANS Institute.
Special thanks to our sponsors CaseFleet and PInow.
Bill Burnett & Dave Evans talk about their book, Designing Your Life, and share with us tips on taking charge and designing the life you want to live If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , and for sponsoring this episode.
Bill Burnett & Dave Evans talk about their book, Designing Your Life, and share with us tips on taking charge and designing the life you want to live.
If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, get the first chapter right now for free!
Thanks to Termageddon, TextExpander, Postali, and Rankings.io for sponsoring this episode.
Since World War II, more than two million service members have been discharged from U.S. military service with a status other than “honorable discharge.” Having a discharge that falls below a certain level can impact a veteran’s access to pensions, GI Bill education benefits, health care, insurance or home loans, as well as carrying a stigma.
But when a veteran’s circumstances are given another look, there may have been mitigating factors that weren’t considered at the time of their discharge. As we’ve gained more understanding of conditions like post-traumatic stress disorder and addiction, it’s become clear that some behaviors once seen as prompted by malice or poor character might instead have been a symptom of mental illness or a rational response to trauma like military sexual assault. A discharge status could also have been given as an act of retaliation, or because of bias and discrimination.
There can be a possible remedy: requesting a military discharge upgrade. For the first time in 30 years, there is a new manual to help guide veterans and their legal counsel through the process of requesting an upgrade, giving a fully updated look at a process that can be challenging to navigate. In this episode of the Modern Law Library, the ABA Journal’s Lee Rawles speaks with Dana Montalto, one of the authors of the Military Discharge Upgrade Legal Practice Manual and an attorney and instructor with the Veterans Legal Clinic at Harvard Law’s Legal Services Center.
Getting a discharge upgrade can be life-changing for a veteran, and the work can be done by a pro bono attorney, says Montalto. It’s not an area of the law that features in law school classes, which is one of the reasons there was a push to create this new resource. In this episode, Montalto shares how she became involved in veterans legal services, answers some common questions lawyers have when considering pro bono work in this area, and talks about the many people and organizations who took part in the yearslong process of creating this resource.
Young lawyers often stress about where to take their careers. But St. Louis attorney Shamon Moss is shining a light on a new path…letting the journey take you. Shamon shares her philosophy on self-motivation and giving back, and describes how she turned an empty space without a stick of furniture into a thriving satellite office for a major national firm. No matter what is in her future, Shamon Moss shows what a winning attitude can do when you let the journey lead.
Marketing isn’t just billboards and blogs. Your most effective marketing tool is your own genuine interest in the people you interact with every day. John and Erich discuss simple ways to turn clients, contacts, and opposing counsel into marketing ambassadors for you and your firm. So, take a few minutes to re-think your preconceptions about how expensive and time-consuming marketing might be. These no-cost, no-brainer ideas can bring cases to your firm and enrich your life in the process.
A lot of folks would plead the First Amendment last week, and it was all nonsense. Yale Law School's Federalist Society advertised an event by throwing a whole mess of racist stereotyping at the wall just to see what would stick and when other students asked how this fit within the private school's standards for student organizations... First Amendment! Conspiracy theorists are convinced that Merrick Garland is using the Justice Department to enrich himself by silencing parents just because they threatened school officials... First Amendment! And Virginia public school teachers want the right to refuse to use a student's personal pronouns... First Amendment! Nope. Nope to all of it.
Special thanks to our sponsors, Lexicon and Nota.
Wilson Sonsini Goodrich & Rosati announced last month that it had teamed up with Workiva Inc. to create an application that automates the S-1 form that companies must file with the U.S. Securities and Exchange Commission when going public.
Special thanks to our sponsors, Alert Communications and Smokeball.
Much has been said about police officers and departments who violate civil rights or enforce the law in discriminatory ways. But not as much attention has been paid to the ways in which the U.S. Supreme Court has enabled police excesses and insulated police from civil or criminal responsibility, says Erwin Chemerinsky, dean of the University of California at Berkeley School of Law and author of the new book Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights.
In this episode of the Modern Law Library, Chemerinsky discusses why the Supreme Court did not address police powers during the first century of its existence; why the Warren Court was an aberration when it came to curtailing police powers; and what his experience was like when he investigated the Los Angeles Police Department’s notorious Rampart Division in 2000.
While Chemerinsky is not in favor of abolishing police, he also suggests several pathways for the American people to reform policing systems and buttress Fourth Amendment protections without relying on the Supreme Court to hold police accountable. He also shares how he was able to finish his book on an accelerated deadline while juggling his work as an ABA Journal columnist and a dean of a law school during the COVID-19 pandemic.
Ethics expert Susan Liautaud joins us today to talk about ethics in our world today and how we can use ethics to make better decisions. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , , and for sponsoring this episode.
Ethics expert Susan Liautaud joins us today to talk about ethics in our world today and how we can use ethics to make better decisions.
If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, get the first chapter right now for free!
Thanks to Lawmatics, TextExpander, Postali, and Rankings.io for sponsoring this episode.
Court is back in session with a variety of COVID protocols in place, and that brings additional stress to your trial prep. Get an update on our first face-to-face trial in a while and hear the challenges of reading masked jurors, working out of town, and trying to stay focused with more distractions than ever. Tune in and dial down your pre-trial stress….we survived, and you will too.
Identifying the “I can’t get over it” issues in your case is the first step to successful case framing. But making your frame clear to the jury is key. When do you introduce your case frame? How often do you repeat it? And what is the defense going to do about it? In this second episode on case framing, legendary trial lawyer Mark Mandell drills down on how to select your most important issues, anticipate the attack and apply decision science in your courtroom strategy. The techniques you’ll learn in these two episodes may transform the way you analyze your cases and elevate your practice.
Conrad and Gyi take on the elephant in the courtroom. Clio’s Legal Trend Report shows us potential clients are interested in both pricing and payment plans, but as lawyers, we’re reluctant to go there. Why?
Explore options on how you can better position yourself. Are you less expensive than the competition? More efficient? A better value? Dig into the marketing opportunities that make you special based, in part, on your pricing model. Hey, the other guy is doing it. If it’s something you’ve never considered, it’s probably time you did.
And in the news (maybe related, just a bit!) we’re seeing a spike in inflation, even if the Fed wants to call it transitory. Look around, everything seems to be going up … except legal fees? Plus, Facebook (and its global apps) go down. In legal tech, what’s up with Smokeball legal matter management? Changes in Google marketing? Let’s talk.
Special thanks to our sponsors Alert Communications, LawYaw, and Clio.
Former Massachusetts Representative Joe Kennedy III and Rohan Pavuluri, CEO and co-founder of the bankruptcy nonprofit Upsolve, join LSC President Ron Flagg to discuss shifting the narrative on access-to-justice advocacy.
{produced by the Legal Services Corporation}
Most lawyers remember what their first two years of practicing law were like. There’s a lot to learn and sometimes not much guidance. What do you know now that you wish you knew then? Sonia Russo sits down with a panel of young lawyers who have been practicing for several years. They share wisdom on topics like setting boundaries at work and recovering from mistakes. Whether you’re in your first two years of practice or beyond, the advice from our guests Danielle Borel, Silvia Mansoor, and Jess Arena will be insightful.
Special thanks to our sponsor, The Velvet Hammer.
Adapting and growing through stressful circumstances creates more resilient lawyers. Molly Ranns and JoAnn Hathaway get some positive tips from Anne Chambers about how lawyers can not only cope, but learn to thrive in the face of stress. Anne focuses on gratefulness, mindfulness, and self care, and encourages lawyers to alter their perspective on stressors common to the profession and see them as opportunities for growth.
Anne Chambers is a licensed clinical social worker and director of the Missouri Lawyers’ Assistance Program.
E-filing systems are quicker and more efficient, but there is certainly still room for human error, as was seen in a recent case heard by the 5th U.S. Circuit Court of Appeals at New Orleans— a lawyer who had agreed to use e-filing later missed a motion for summary judgment that landed in his spam folder, leading to his failure to respond to the motion in time and, ultimately, to the court tossing the lawsuit. What does all this have to do with Texas lawyers? Rocky Dhir welcomes D. Todd Smith to talk through the functions of automated certificates of service in the state and how this technology could prevent circumstances similar to those that led to the recent 5th Circuit case.
D. Todd Smith is an attorney and civil appellate specialist at Butler Snow LLP.
Special thanks to our sponsor, Clio.
Sandra Sucher shares about the importance of building trust to grow and sustain your business. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , , and for sponsoring this episode.
Sandra Sucher shares about the importance of building trust to grow and sustain your business.
If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, get the first chapter right now for free!
Thanks to LEXReception, Rankings.io , TextExpander, and Postali for sponsoring this episode.
Guest Leo V. Boyle recalls the frantic 60 hours after the 9/11 terror attacks of 2001. He calls that time “law’s finest hour” as pro bono tort attorneys collaborated with Congressional leaders to craft the $7 billion victims’ compensation fund.
Boyle shares how lawyers from across the country came together and rushed to head off potentially pointless class action suits in favor of protecting victims, survivors, and their families in apparent contrast to everything he’s ever stood for. What would be the point of winning a judgment if there were no one who could pay? It was a time when everything changed for tort law.
Boyle’s tale coincides with the 20th anniversary of the most horrifying mass murder of our generation. The behind-the-scenes race to protect and provide for families is a story rarely told but truly represents the work so many in tort and workers’ comp law do. Don’t miss this episode.
Special thanks to our sponsor PInow.com.
Betrayal. Do your job. The value of a handshake. Case frames like these help summarize the “I can’t get over it” issues of your argument in simple terms the jury can understand. But how do you know which frame fits? And what are the dangers of incorrect framing? Acclaimed author and attorney Mark Mandell joins Eric Vieth and Johnny Simon for an eye-opening discussion of his innovative method from his must-read books Case Framing and Advanced Case Framing. It’s more than a model, it’s a mindset for success.
Feel like you’re drowning in a tidal wave of escalating work responsibilities, COVID-occasion catch-up, and every single thing in the world piling on right now? Yup, we are too. If being back in the saddle feels more like being dragged with one foot in the stirrup right now, tune in to share your stress and remember it’s ok if you fail small and know you did your best. So saddle up, sister, and let’s git ‘er done together.
What's the next Supreme Court Term going to look like? Not great! We've got full-on assaults aimed at abortion, gun regulations, and affirmative action and that's just in the first handful of cases. Which you know if you've taken our Supreme Court quiz. Joe and Kathryn welcome ATL's newest editor Christopher Williams to break down these and other cases primed for this Term.
Special thanks to our sponsors, Lexicon and Nota.
Dave Scriven-Young sits down with Erwin Chemerinsky to talk about what we can expect from the upcoming Supreme Court Term. Together they discuss the ideological leanings of the Justices as well as predictions about what will happen with Roe vs. Wade, Gun Rights, and much more.
Stay tuned for Latosha Ellis’ first litigation segment about preserving evidence on the record.
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.
At the beginning of the pandemic, the eruption of COVID cases forced courts across the nation to close their doors. In its place, attorneys, judges and clients opted, where possible, to participate in virtual proceedings through phone calls and video platforms. Over a year later, with a backlog of cases clogging courts, and limited in-person proceedings, attorneys have increasingly turned to the alternate dispute resolution of mediation to resolve their cases.
On Lawyer 2 Lawyer, host Craig Williams is joined by David A. Hoffman, the founding member of Boston Law Collaborative, LLC, as they take a look at the explosion of mediation during the pandemic. Craig and David discuss the push for mediation as an alternative to trials, and what the future holds for jury trials.
It’s not just the poor. Even the middle class struggles with a complex and costly American legal system.
Our guest, Toni Marsh, JD, is a professor and director at the George Washington University School of Law Paralegal Studies program and a fierce advocate for the role of paralegals.
The paralegal profession is in flux. As Americans struggle to access their legal system, constitutional rights are becoming out of reach. Marsh believes paralegals can fill that gap as states explore expanding their role. Legal navigators, legal document preparers, and licensed legal professionals are stepping up. How can paralegals prepare for tomorrow’s legal profession?
Also, in the “Listener’s Voice” segment, host Carl Morrison answers a listener’s questions about seeking new challenges, perfecting a resume, and finding new opportunities. Got a question for Carl? Email him today at Devoted2Law@Gmail.com.
Special thanks to our sponsors NALA and ServeNow.
Lawyerist Lab Coach Kelly Street shares about the importance of quarterly retreats and how to run them. Kelly also shares her expertise in the EOS Traction system and how that can help with your quarterly meetings. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , , and for sponsoring this episode.
Lawyerist Lab Coach Kelly Street shares about the importance of quarterly retreats and how to run them. Kelly also shares her expertise in the EOS Traction system and how that can help with your quarterly meetings.
If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, get the first chapter right now for free!
Thanks to Get Staffed Up, Postali, Rankings.io , and TextExpander for sponsoring this episode.
Judge Herbert Dixon, newly elected chair of the ABA Journal Board of Editors, joins Sharon Nelson and Jim Calloway to discuss the publication’s plans for the future. They take a look at the longstanding importance of the ABA Journal and its efforts to reach the profession as a whole, and Judge Dixon gives a few sneak peeks at what may be coming during his time as chair.
Judge Herbert B. Dixon, Jr., is a senior judge with the Superior Court of the District of Columbia.
Special thanks to our sponsors, Scorpion, Blackletter Podcast, Alert Communications and Nota.
Five Attorneys General discuss civil justice initiatives in their jurisdictions and how they can work more effectively with legal aid providers to help low-income Americans.
Host: Ron Flagg, President of the Legal Services Corporation
Guests:
-
Joshua Kaul, Attorney General of Wisconsin
-
Doug Peterson, Attorney General of Nebraska
-
Karl Racine, Attorney General of the District of Columbia
-
Ellen Rosenblum, Attorney General of Oregon
-
Herbert Slatery III, Attorney General of Tennessee
{produced by the Legal Services Corporation}
Ellie Krug was the first Iowa lawyer to transition gender. She lost her practice and for a while, her family, to become her authentic self. Today, Ellie Krug is a wildly popular speaker and advocate for Otherness, teaching all of us to break down the walls and reach out to those around us who choose a different path. Tune in for a truly life-changing podcast with Ellie Krug and open your heart and mind to embrace inclusion, acceptance, and compassion for the human condition we all try to survive.
Patents. Copyrights. Trademarks, wordmarks, and trade secrets. What’s the difference and why should you or your business care? Business litigation expert Tony Simon of The Simon Law Firm discusses the right way to protect your intellectual property and gives a few tips on avoiding copyright infringements to anyone who hires another firm to create their website, uses images off the internet, or modifies an existing product for intended sale…..could that be you? Tune in and find out.
Meg Steenburgh welcomes Krystal Williams to discuss her unconventional path to law. After many years as a business professional, Krystal’s hunger for learning led her to shift her sights to law. She shares some of her experiences as an older student and discusses where her legal career has taken her in the years since law school.
Krystal Williams is founder of Providentia Group, chairman of the board of KinoTek Software, and founder of The Alpha Legal Foundation.
Thank you to our sponsor NBI.
Did you know you could sue for $100 million for breaching an NDA that says breaches cannot be monetized? Neither did we. But Donald Trump has found a new lawyer willing to help him file that claim. He's arguing that his niece stole the documents that suggested a history of tax fraud, thereby unintentionally confirming the documents which is... a choice. Meanwhile, the Biden administration proposes a massive increase in bank monitoring for tax purposes even though the numbers seem a bit screwy. Finally, there's a law firm facing some very salacious allegations.
Special thanks to our sponsors, Lexicon and Nota.
How Developments in Structured Settlements Affect Today’s Insurance Claims Environment by Legal Talk Network
Prevention is key when it comes to cybersecurity, and lawyers simply can’t afford to skimp on security technologies. Sharon and John talk with expert Sherri Davidoff about growing cyber threats and the changing nature of attack tactics. They discuss the impacts of these new developments on lawyers and law firms and chat about how to prioritize security measures, reduce your risks, and create a budget plan that addresses all your cybersecurity needs.
Sherri Davidoff is a cybersecurity expert, author, speaker and CEO of both LMG Security and BrightWise, Inc.
Special thanks to our sponsors CaseFleet and PInow.
Hispanics are becoming an increasingly large segment of the U.S. population, and for an enterprising lawyer, serving the legal needs of Spanish-speaking clients seems like a solid business development goal. But running your existing marketing materials through Google Translate and slapping “Se habla español” on your website is not enough, says Liel Levy of Nanato Media.
Along with Natalie Fragkouli, his wife and business partner, Levy has written Beyond Se Habla Español: How Lawyers Win the Hispanic Market to share their tips on marketing legal services to Lantinx communities. By segmenting the Hispanic market in the U.S. into demographics based on acculturation–for example, whether they consider Spanish to be their first language, or how recently their family has come to the United States–there is data that can show how each group can be most effectively reached by advertising. Levy and Fragkouli can help lawyers figure out the best way to connect with the people they can best serve within their practice areas.
In this episode of The Modern Law Library, Levy speaks with the ABA Journal’s Lee Rawles about his own journey from growing up as a member of an Israeli family in Mexico City, to summers in his teens helping his uncle promote his law firm in Los Angeles, to launching Nanato Media in Austin, Texas. He shares some common missteps that law firms make with courting Hispanic clientele; some of the attributes that many Hispanic consumers share; the ways to quickly drum up business; and long-term strategies for building community connections.
Lawyerist Lab Coach Ryan McKeen and his Client Happiness Coordinator, Brittany Green share about how her role as a Client Happiness Coordinator helps create a client-centered firm. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , and for sponsoring this episode.
Lawyerist Lab Coach Ryan McKeen and his Client Happiness Coordinator, Brittany Green share about how her role as a Client Happiness Coordinator helps create a client-centered firm.
If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, get the first chapter right now for free!
Thanks to TextExpander, Postali, and Rankings.io for sponsoring this episode.
Is your practice a revolving door of ever-changing paralegals and assistants? Maybe it’s not a people problem… it could be a process problem. And if you’re delegating too much of this critical task, you could be part of the problem too. This week’s podcast offers honest advice on how to interview, train and monitor new hires to help ensure their new job is a win-win for them and for you.
Ever think you aren’t good enough or smart enough and it’s only a matter of time before you’re found out? Or do you secretly believe you’re just lucky and not talented at all? It’s called “imposter syndrome” and professional women are its most common victims. Megan, Elizabeth, Liz, and Erica reveal their own vulnerabilities and talk about how we can identify this evil inhabitant in our heads, diffuse it, and lift up our female friends and co-workers who are probably struggling with the same undeserved feelings of inadequacy.
How we think influences how we persuade and how we respond to what we see and hear. Learn the science behind effective metaphors, the power of familiarity heuristics and the importance of emotion in decision-making and discover how cognitive science can help you craft more effective arguments in the courtroom.
You throw down the gloves in the courtroom. But when the trial is over, should you still maintain an adversarial relationship with opposing counsel? Defense attorney Tim Gearin sits down with Erich Vieth and Plaintiff Attorney Tim Cronin of the Simon Law Firm to discuss why keeping cordial relationships across the aisle is not only the polite thing to do but can actually help your client, your case, and your career.
Joe and Kathryn break down the long-awaited John Durham indictment that tagged former Perkins Coie partner Michael Sussmann and find it... less than persuasive. Emory Law School has yet another racial slur in class incident, forcing the gang to ask if there's something in the water down there. But given that the most recent incident involves the brother of another repeat offender on this score, maybe it's just a family thing. And finally, Above the Law looks back at the day that launched an internet trend and renamed a law school forever.
Special thanks to our sponsors, Lexicon and Nota.
Erin Levine, founder of Hello Divorce, joins Conrad and Gyi to explain how her innovative tech platform streamlines and demystifies the divorce process for clients while allowing lawyers to practice law – not schedule appointments, manage clients, and waste time with administrative tasks.
Entrusting basic drafting, scheduling, and filing work to a robot, though, does have one obvious conclusion––fewer tasks to bill for. But if you’re worried about your bottom line, don’t freak out just yet. Levine says Hello Divorce isn’t built to put you out of business but, by allowing clients to only use lawyers for what they need, to open up a broader pool of paying clients and improve the process as a whole.
Hello Divorce and services like it may be harbingers of the future legal industry, so it’s time for you, dear lawyer, to start thinking about how to adapt your practice and messaging to fit in.
Special thanks to our sponsors Alert Communications, LawYaw, and Clio.
Jared wants to know—how’s your intake process working for you? If you’re like a lot of law firms, with potential leads just quietly slipping into a black hole… you’re doing it wrong. Just so incredibly wrong. Tune in for Jared’s easy, effective client intake tips.
Next up, Chelsea Aitken joins Jared to chat about modern phone systems and the important updates lawyers need to help them communicate better and utilize smart integrations with practice management software.
Then, the Rump Roast! Jared and Chelsea examine common New Zealand expressions, so stick around to find out the meaning of “jandals”, “pack a sad”, “munted”, and more!
Chelsea Aitken is the chief customer officer of Vxt, a software company revolutionizing small business communications.
Our opening track is Two Cigarettes by Major Label Interest.
The music for the Legal Trends Report Minute is I See You by Sounds Like Sander.
Our outro music is Skinny Jeans by Andrew Stanton.
Special thanks to our sponsors TimeSolv, Clio, Scorpion, and Alert Communications.
StoryBrand and digital marketing expert, J.J. Peterson, shares how to build a compelling story around your brand that reflects your firm well. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , , and for sponsoring this episode.
Priori is an online platform known for using data and technology to connect in-house legal teams with lawyers and law firms who can assist with a wide variety of projects. But Basha Rubin, CEO and co-founder at Priori, says the company noticed that clients were sometimes turning to its online marketplace for help with problems that “might be best solved by a ‘new law’ company or a nontraditional legal provider.”
Special thanks to our sponsors, Alert Communications and Nota.
Guest Kenneth Feinberg was appointed by President George W. Bush to administer the September 11th Victim Compensation Fund after one of our greatest tragedies. In a very special episode of Workers’ Comp Matters, he shares how his team raced to administer $7.1 billion to families and victims of the 2001 terror attacks. Feinberg compares the unique, Congressionally mandated process to current Workers’ Compensation and the raw emotions that made his charge painfully difficult. Working with thousands of survivors and injured victims, his team worked thr`ough their anger, sadness, and skepticism to resolve virtually every claim in 33 months. He calls his pro bono service “a patriotic obligation.” The podcast is the first of two commemorating the 20th anniversary of the 9/11 tragedy and how a nation came together to support the victims, grieve, and heal.
We talk about misbehaving lawyers a lot, but there must be a full moon (per statute a moon "at least 95 percent wholly spherical when measured by appropriate telescopic instruments") or something for lawyers right now because they're wild this week! We've got Biglaw attorneys injecting food with blood, lawyers waving loaded guns around over COVID protocols, a deeply scandalous and tragic situation out of South Carolina, and Justice Amy Coney Barrett running her mouth off with the lack of self-awareness you'd expect from someone who spread a deadly infection to the White House.
Special thanks to our sponsors, Lexicon and Nota.
The idea of “productizing” legal services may seem like a fad, but really the concept of turning something you’ve created into a useful tool for clients has been around for longer than you might realize. Tom taps into Dennis’ expertise, asking questions to get a deeper look at the history of legal service productization and learning how modern lawyers utilize it to streamline their legal practices.
Later on, the guys take the temp of hybrid legal conferences to decide if the latest developments in this area are, you guessed it—“Hot or Not?”
As always, stay tuned for the parting shots, that one tip, website, or observation you can use the second the podcast ends.
Have a technology question for Dennis and Tom? Call their Tech Question Hotline at 720-441-6820 for answers to your most burning tech questions.
Special thanks to our sponsors, Colonial Surety Company, ServeNow, and Nota.
Business owner and author, Tom Lenfestey, shares his best practices and steps for how to buy a law firm. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , , and for sponsoring this episode.
Business owner and author, Tom Lenfestey, shares his best practices and steps for how to buy a law firm.
If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, get the first chapter right now for free!
Thanks to Clio, Rankings.io, TextExpander, and Postali for sponsoring this episode.
As corporations become more powerful and pervasive, individuals are finding it harder to protect their products and intellectual properties. Tony Simon shares anti-trust insights from his 30 years of business litigation experience with The Simon Law Firm and discusses tactics, pitfalls, and some of the more secretive practices of major corporations that impact us all.
Opposing counsel is leading his witness, again. You’ve pointed out speaking objections but he just won’t stop. What do you do? This instructive discussion features verbatims from actual depos where the objections were effective. Learn new strategies to regain control of your depo, and learn when, and when not to push the nuclear option of calling the judge.
COVID-19 and its variants have made the return-to-normal very difficult whether you’re talking about work, worship, or schools. Many dispute the proper course of mandates when it comes to vaccines and masks but where does that leave us? Can employers force employees to mask up or vax up? Expert lawyers Jerry Cutler, the Senior Vice President and General Counsel for The New School and Michelle Ballard Miller, the Chair of West Coast Labor & Employment at Cozen O’Connor guide us through it.
Stay Tuned for Darryl Wilson’s tips on returning to in-person court proceedings.
Britney Spears' legal battle over the conservatorship that put her under the control of her father brought international attention to the conservatorship system. But many other rich and famous people have–appropriately or not–also found themselves in the grips of a system that is much more easy to enter than to leave.
In Twilight Man: Love and Ruin in the Shadows of Hollywood and the Clark Empire, author Liz Brown tells the life story of Harrison Post, a story that starts in the Gilded Age and moves through the Golden Age of Hollywood, a film noiresque tale of betrayal, and a WWII fight for survival inside concentration camps. It's a story that began for Brown years ago when she discovered Post's signed photo inside her late grandmother's possessions and felt gripped by the gaze of the dark-eyed young man.
In this episode of the Modern Law Library, Brown tells the ABA Journal's Lee Rawles how she discovered Post's distant connection to her own family. Post was the lover and longtime companion of William Andrews Clark Jr., founder of the Los Angeles Philharmonic orchestra and heir to a Montana mining fortune.
Clark, who was much older than Post, provided a trust to ensure that Post would be taken care of after his death. But his good intentions were foiled when Post's sister and her husband became Post's conservators and energetically began draining that trust. Only after they had completed selling off Post's possessions and draining his funds did they move to end the conservatorship and free Post, who fled Hollywood in the hope of finding a safe new life in Norway–just before the Nazis invaded.
Brown discusses her research methods, including the providential discovery of Post's journals, in the podcast. She shares how anti-Jewish and homophobic public opinion may have played into Post's treatment, and how Clark's father's political shenanigans led directly to the passage of the 17th Amendment.
In light of the Supreme Court's abortion ruling, we talk about the nature of the mysterious shadow docket and how it's been transformed over the last few years. The dismantling of Roe is in full swing, reigniting Court expansion talk, which we think is a bad move. Joe and Kathryn also check in on the annual law school scholarly impact ratings to see which law school rules the Ivory Tower.
Special thanks to our sponsors, Lexicon and Nota.
We know you’re a lawyer, so what? That’s not enough. What makes you stand out? Gyi and Conrad share tips on making your practice stand out in a country awash in lawyers. Know the difference between simple branding and real positioning.
Also, a BIG change is coming to Google searches. It’s driving SEO specialists nuts. Plus, new findings from Clio show the importance of marketing your tech capabilities in a post-pandemic world. What are prospective clients looking for? Learn more at Clio.com/solo.
And of course, “Dumb Sh*t Lawyers Do” (like, say … not reading their marketing agency contracts).
Need to bone up on your marketing basics? Check out our prior LHLM 101 episode on Pay-Per-Click.
Special thanks to our sponsors Alert Communications, LawYaw, and Clio.
As students across the country return to classrooms, the controversy surrounding masks has reached a fever pitch. In at least 14 states, lawsuits have been filed either for or against masks in schools. This has led to protests, litigation, and even violence. Just this week, the U.S. Department of Education’s Office for Civil Rights launched investigations into five states that have banned mask mandates in schools, alleging that the governors are violating the civil rights of students with disabilities.
On Lawyer 2 Lawyer, host Craig Williams is joined by professor Ellen Wright Clayton, JD, MD. Together, they take a look at the mask controversy in schools and communities across the United States. The conversation focuses on mask mandates, public health law, parental freedom, and litigation surrounding these issues.
Patrick Palace joins us today and discusses how he’s created a successful firm that can run on the day to day without him. He shares how he spends some of his extra time & how he got to where he is today. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , and for sponsoring this episode.
Patrick Palace joins us today and discusses how he’s created a successful firm that can run on the day to day without him. He shares how he spends some of his extra time & how he got to where he is today.
If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, get the first chapter right now for free!
Thanks to Postali, Rankings.io, and TextExpander for sponsoring this episode.
Big firms are experimenting with hybrid and flexible office models in the hopefully waning days of COVID. And there’s a lot of momentum behind transitioning this into a permanent 3- or 4-day work week long term. Except there are some of you out there screwing this up for the rest of us and intentionally not getting the vaccine in an effort to stay home thereby confirming why some firms think everyone needs to be forced back to the office. We also discuss the sentencing — if you can even call it that — of the South Dakota AG who killed a man several months ago. And Joe talks about legal technology and Las Vegas for a bit.
Special thanks to our sponsors, Lexicon and Nota.
Shortcuts never work out. Make a list of 20 ways you can lose your case. And It’s okay to trust opposing counsel until you catch them lying, then never trust them again. These are just a few of Alvin Wolff’s tried and true rules from real life courtroom experiences. Tune in for Rules 21 through 40 and we guarantee you’ll find at least one idea that will significantly improve your practice.
Enlisting men as allies is a great way to expand awareness of women’s issues and level the playing field for inclusion and understanding. Tune in to this eye-opening discussion and learn how, and why, you should actively engage in treating men as allies instead of adversaries.
Initial prospect consultations are lost hours if the prospect doesn’t become a client. Guest Theophan McKenzie is a professional sales consultant who helps attorneys and law firms across the country learn a better way to stop wasting time and stop letting prospects walk out the door.
McKenzie’s innovative, nontraditional sales techniques teach attorneys to turn off their “lawyer brain” and build immediate, lasting connections with prospects. Learn how to stop selling yourself and start listening to the prospective client.
Special thanks to our sponsors Law Clerk, Alert Communications, LawYaw, and Scorpion.
In the potentially dangerous spectacle of big time WWE pro wrestling, performers work without Workers’ Comp or other recourse. Guest Mary Catena, a scholar and attorney, studies the issue.
While the WWE has successfully argued wrestlers are contract workers, Catena sees cracks in the wall. What might a favorable ruling mean for other contract workers – and employers?
Special thanks to our sponsor PInow.com.
The legal profession was already going online and high-tech. But COVID disruptions, working from home, and remote legal processes have supercharged those changes.
Are you up to speed?
Host Jill Francisco – a veteran paralegal and classroom instructor – interviews attorney and longtime professor Todd Richardson about today’s classroom experience. It’s more than lectures and books. Today’s learning includes new technology, working collaboratively online and in person, and leveraging digital tools to expedite cases, gather information, and navigate the modern legal jungle.
Richardson explores how legal education is changing and how vital learning today’s tech keeps a paralegal valued and vital in the workplace.
He also touches on areas where soft skills still play an important role. Knowing how to integrate tech with interpersonal skills can build and maintain relationships so important in the legal community.
Special thanks to our sponsors CourtFiling.net, NALA, and ServeNow.
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.
A new rule is being proposed by the Federal Acquisition Regulatory Council in response to Executive Order 14005 from January. If enacted, this rule would update the Buy American Act with new requirements that must be met by federal contractors and their downstream sub-contractors. Amy Hoang from the law firm of K&L Gates tells us what all of this means to our critical products and supply chains.
Special thanks to our sponsor Nota.
As we come to the 18-month mark of this pandemic, Dennis and Tom feel it’s time to take a look at how legal tech has progressed throughout this crazy time. They welcome returning guest Debbie Foster to get her real-world perspective on how law firms have—or haven’t—adapted their practices to embrace technology.
Later, on “Hot or Not?”, Dennis, Tom, and Debbie offer competing views on whether Salesforce is a good platform for law firms.
As always, stay tuned for the parting shots, that one tip, website, or observation you can use the second the podcast ends.
Have a technology question for Dennis and Tom? Call their Tech Question Hotline at 720-441-6820 for answers to your most burning tech questions.
Special thanks to our sponsors, Colonial Surety Company, ServeNow, and Nota.
Attorney Michael Watza of the law firm Kitch Drutchas Wagner Valitutti & Sherbrook discusses potential claims related to radio frequency radiation from cell phones and towers as 5G is rolled out.
Special thanks to our sponsor, AM Best Company, Best’s Insurance Professional Resources, including Qualified Member attorneys, adjusters and expert service providers.
Shortly after law school, Kimberley Felton found herself struggling with all the things they don’t teach: How to manage time, clients, and family. She knew there had to be a better way.
Unfulfilled in disorganized settings and fighting to find meaning in her new profession, she taught herself to incorporate available technologies that let her serve the clients she is passionate about while spending quality time with her husband and two children.
Felton discovered she wasn’t alone and now helps other attorneys break free from “the way we’ve always done it” by embracing tech and project management platforms to build a better work/life balance and a more efficient, rewarding practice.
Topics:
- What you need to know … that they don’t teach in law school
- Leveraging technology to manage clients and cases
- Treating each case like a project and incorporating project management techniques
Resources:
- Above The Law, “A Better Way: How Motherhood Changed My Perspective of the Legal Field & What I’m Doing to Change It,” Kimberley Felton, May 13, 2021
- Afterpattern
- CampLegal
- Lawclerk
New Insights (brought to you by Nota):
- Veteran practitioner Starlett Massey answers litigation associate Melanie Kalmanson’s question.
- Question 4 of 4: “Do you think remote proceedings will continue post-pandemic?”
Special thanks to our sponsors, Lawclerk, Alert Communications, Abby Connect, and Clio. Have insights, tips, inspiration to share? Want to be a guest on the New Solo podcast? Contact us at newsolo@legaltalknetwork.com.
Lawyerist Lab members Jeremy and Sara Danilson talk about what it takes to grow your business with the right hires.
If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, get the first chapter right now for free!
Thanks to Knackly, Rankings.io, TextExpander, and Postali for sponsoring this episode.
New developments surrounding re-regulation in the legal industry have left some lawyers uncertain about what these changes mean for the future of the profession. Digital Edge hosts Jim Calloway and Sharon Nelson bring on legal analyst Jordan Furlong to hash out trends in legal re-regulation, dispel myths, and explain the underlying intent behind it all. They discuss the re-regulation’s goals of protecting public interest and providing meaningful, affordable access to justice and offer wisdom for lawyers on how to best navigate future changes in legal regulatory structures.
For more of Jordan Furlong’s thoughts on this subject, see his post The legal regulation revolution and other content on his Law21 blog at https://www.law21.ca/blog/.
Jordan Furlong is principal at Law21 in Ottawa, Ontario, Canada. He is an internationally renowned legal sector analyst, author, speaker, and consultant deeply invested in a better future for the legal profession and the society it serves.
Special thanks to our sponsors, Scorpion, Blackletter Podcast, Alert Communications and Nota.
The Department of Justice opines that vaccine mandates in the workplace are legal. But with States pushing back, where does that leave things for employers and employees? Natalie Fluker and Bob Simandl from the law firm of von Briesen & Roper join us to answer that question plus more.
Special thanks to our sponsor Nota.
Pop quiz: Which LHLM hosts earned early paychecks running a paper route, and which pumped gas? Gyi and Conrad discuss their early forays into working life.
Then, Gyi and Conrad then wade into the dispute between the North Carolina Bar Association and Google over Google’s recording of phone calls related to ad leads.
In the recurring segment, “Dear State Bar Regulators,” Gyi lists the pros and cons of recording, third-party access, legal ethics, solutions, and the gap between tech advances and bar rules.
On the topic of bar rules, Arizona’s decision last year to invite non-lawyer ownership has attracted an application from the behemoth un-law firm Legal Zoom. Conrad explains the model in terms of MBAs running medical practices that hire doctors. He and Gyi discuss how Legal Zoom might operate, ID impacted practices, and how lawyers can compete.
Listen for instructions on how to get half off of the ongoing Bedlam Conference.
Special thanks to our sponsors Alert Communications, LawYaw and Clio.
In this edition, Jonathan Amarilio is joined by Corey Stern, lead counsel for the plaintiffs injured in the Flint, Michigan water crisis, including more than 2500 children who were lead poisoned by consuming water from the Flint River. Corey discusses the origins of the water crisis, the role citizen advocates played in seeking government accountability, and how he became involved in the case, eventually securing a $600 million settlement from the State of Michigan on behalf of his clients.
Special thanks to our sponsors, CourtFiling.net.
On the latest episode of Thinking Like A Lawyer, Kathryn is joined by Above the Law assistant editor Chris Williams while Joe heads to the latest legal tech conference. Chris and Kathryn discuss the English lawyer who died from COVID, but not before he took to social media to decry the vaccine and downplay the risk of COVID. They also chat about the law professor (from ASS Law, because of course) that sued over a vaccine mandate. And, seriously, why is it so damn hard for law professors to avoid saying the N-word??
Special thanks to our sponsors, Lexicon and Nota.
Religious allegory might seem like an odd topic for Jared, but, the truth is – C.S. Lewis is just plain splendid. And even a crass iconoclast can fall in love with Narnia. Tune in for Jared’s reflections on this favorite childhood series, along with his recommendations for several of Lewis’ other works.
Next up, Jared welcomes Shree Sharma to discuss how eDiscovery has changed over the past decade and what lawyers need to know about its current best practices.
Last, in honor of this super-hot summer, Jared and Shree Sharma play yet another new game, “The Heat Index,” featuring a variety of temperature-related trivia.
Shree Sharma is vice president of business development at HaystackID.
In this episode of Talk Justice, distinguished business leaders discuss the business community’s perspective on the importance of access to justice during the pandemic with LSC President Ron Flagg.
Host: LSC President Ron Flagg
Panelists:
Teresa Wynn Roseborough, executive vice president, general counsel and corporate secretary, Home Depot
Kenneth C. Frazier, chairman and CEO, Merck & Co. and co-chair of LSC’s Leaders Council
David M. Rubenstein, co-founder and co-executive chairman, The Carlyle Group
John F. Schultz, chief operating, legal officer and executive vice-president, Hewlett-Packard Enterprise
{produced by the Legal Services Corporation}
New CDC guidelines now recommend that people vaccinated for COVID-19 wear masks indoors. Given this reversal in policy and that States are pushing back against mandates, where does that leave the rest of us? Robert Shimberg from the law firm of Hill Ward Henderson joins us to law-splain.
Special thanks to our sponsor Nota.
In addition to her impressive legal experience in politics, military, private practice, journalism, and more, Jill Wine-Banks has also been a woman of many firsts throughout her legal career. Tune in with ABA Law Student Podcast host Meg Steenburgh for an in-depth interview with Jill about her many “first woman” roles, her memoir “The Watergate Girl,” and her advice for today’s law students.
Jill Wine-Banks is currently an MSNBC legal analyst, appearing regularly on the network’s primetime and daytime shows.
Thank you to our sponsor NBI.
Integrity of our elections is very important but so is protecting voting rights. States are rapidly trying to update their election laws to prevent fraud but the Federal Government is concerned voters will be left out. How does this get resolved? Professor Rick Hasen from the University of California, Irvine School of Law returns to walk us through.
Special thanks to our sponsor Nota.
Sexual harassment and inappropriate conduct has become all too familiar of a story in modern day politics. High profile allegations of sexual misconduct have straddled political lines. Just in recent memory, high profile accusations have been leveled at Al Franken, Brett Kavanaugh, Donald Trump, Roy Moore, Joe Biden, and Matt Gaetz. And, most recently, New York Governor Andrew Cuomo has announced he will step down effective August 24th after multiple women came forward alleging sexual misconduct and inappropriate behavior by the governor. He has denied all allegations.
So why do these misconduct allegations against high power political figures impact some but not others? And what can we do as a society to eliminate this behavior? On Lawyer 2 Lawyer, host Craig Williams is joined by professor Rebecca Ortiz, PhD, as they take a look at sexual harassment and the resignation of Governor Cuomo. Craig and Rebecca will discuss sexual harassment in politics, holding perpetrators accountable over these claims, and what is being done to combat sexual misconduct.
ESI expert reports can be critical to presenting a case, but lawyers all know these reports are sometimes so complicated or jargon-filled that all the non-experts struggle to comprehend them. That’s not how it should be! Digital Detectives Sharon Nelson and John Simek welcome Craig Ball to discuss his tips for creating useful, accessible expert reports that effectively communicate their findings to the court.
Read Craig’s full blog post on this topic at craigball.net.
Craig Ball practices as a Special Master in electronic evidence and discovery, is a longtime adjunct professor at Texas School of Law and Tulane Law School, and writes and speaks around the world on e-discovery and computer forensics.
Special thanks to our sponsors CaseFleet and PInow.
Lab financial coach Bernadette Harris talks about how to think through your financial strategy in your firm.
If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, get the first chapter right now for free!
Thanks to DK Global, Postali, Rankings.io, and TextExpander for sponsoring this episode.
In a world where streaming changed the way people watch movies, what happens when an outdated contract collides with COVID and causes losses to a headliner actress? Lawyers avenge her! Professor Jon Garon from Nova Southeastern University Shepard Broad College of Law tells us the tale!
Special thanks to our sponsor Nota.
As demand for transactional lawyers continues to rise, one firm is reportedly offering big bonuses to attorneys willing to stick it out in key practice areas. Rudy Giuliani is now on Cameo in case you were looking for the gift no one wanted. And in-house counsel didn’t have as good a year as they’re used to.
Special thanks to our sponsors, Lexicon and Nota.
PennEast Pipeline Company, at the behest of the Federal Government, took land from New Jersey via eminent domain over its objections. Michael Diamond and Steven Boughton from the law firm of Van Ness Feldman explain how this happened and what it means for States’ rights.
Special thanks to our sponsor Nota.
Governor Mike DeWine signs a bill into law that forbids vaccine mandates in Ohio public schools. When does it officially kick in and what does it mean for educators, students, and parents? Susan Keating Anderson and Katie Caprez from the law firm of Roetzel & Andress join us.
Special thanks to our sponsor Nota.
Document automation might seem like a simple or even dated topic, but, in reality, fresh takes on this tech just keep on coming. Dennis and Tom discuss the evolution and capabilities of these tools and offer insights on what you should be using in your law firm.
Next up, Dennis and Tom test the temperature of the Metaverse to determine whether it could be considered hot… or not!
As always, stay tuned for the parting shots, that one tip, website, or observation you can use the second the podcast ends.
Have a technology question for Dennis and Tom? Call their Tech Question Hotline at 720-441-6820 for answers to your most burning tech questions.
Special thanks to our sponsors, Colonial Surety Company, ServeNow, and Nota.
The Texas Bar Journal has been striving to make sure diverse voices are represented in its pages. State Bar of Texas podcast host Rocky Dhir talks with Angelica Hernandez, a current member of the editorial board, to learn how articles are selected for the Journal and how the unique perspectives of diverse authors benefit all Texas legal professionals.
Angelica Hernandez is a partner at the law firm of Linebarger, Goggan, Blair & Sampson.
Lawyerist’s Legal Tech Advisor, Zack Glaser, shares his best tips for conducting a tech audit in your firm!
If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, get the first chapter right now for free!
Thanks to TextExpander, Postali, and Rankings.io for sponsoring this episode.
The Feds are casting a wide net of regulations at fisheries and other aquaculture industries. These new laws are aimed at IUU fishing, oceanic plastics, advertising, and area restrictions for commercial fishing. What are the pros? What are the cons? Will seafood get more expensive? Kirstin Gruver and Deepti Bansal Gage from the law firm of Beveridge & Diamond join us.
Special thanks to our sponsor Nota.
As venture capital investment continues to sweep the legal market (and our news segment), Gyi and Conrad celebrate the $2 million seed round funding for Hello Divorce. Yay!
In the segment, “Dumb Sh*t Lawyers Do,” the two discuss the case of a lawyer reprimanded for raking an unhappy client over the coals. They also discuss a Streisand Effect case in which a roofing company sued a couple because of their negative online review. The guys share their tips for responding to unflattering reviews and navigating these perilous waters.
And to wrap things up, the pandemic has undoubtedly knocked back law firms onto their heels. But, how have lawyers who continued their marketing investment fared? Should you batten down the hatches and rely solely on organic traffic? Do you need to start doing Tik Tok dances? The data may surprise you. Gyi and Conrad break it down and look ahead to the uncertain future.
Special thanks to our sponsors Alert Communications, LawYaw and Clio.
Joe and Kathryn chat about the lawsuit against George Mason University brought by GMU Law School — better known by their unfortunately chosen name “ASSLaw” — law professor Todd Zywicki over his refusal to get vaccinated. It’s a remarkably unimpressive complaint. Cravath, in the midst of many changes, announces a new flexible office work policy based around a floating 6 remote work days per month. Could this become the new normal? And Rudy Giuliani is still broadcasting to the world that he works at Greenberg Tarurig. Maybe he means Greenberg Traurig Total Landscaping?
Special thanks to our sponsors, Lexicon and Nota.
Jared shares the story of Ken Burns’ surprisingly thorough autograph style and, for those without the expertise, offers up his top documentary recommendations so you’ll have something to watch for the next… 10 years or so. (1:58)
Then, things get meta with Steve Fretzin as he and Jared talk podcasts on a podcast. They discuss how podcasting could benefit your legal practice and offer tips for getting started. (8:55)
And, last but not least, Jared presents a new game—“Shitty Olympic Events”—where Steve must name obscure sports based on their descriptions. (24:57)
Steve Fretzin, president of Fretzin Inc., coaches and trains lawyers using modern-day business development techniques.
In this episode of Talk Justice, host Jason Tashea sits down with Representative Mary Gay Scanlon (PA-5), co-chair of the Congressional Access to Civil Legal Aid Caucus; Karen Lash of the American University Justice Programs Office and former official at DOJ’s Office for Access to Justice; and Elizabeth Werner, managing attorney at Legal Aid of West Virginia to discuss what President Biden’s executive order re-establishing the White House Legal Aid Interagency Roundtable means for access to justice.
Panelists:
-
Rep. Mary Gay Scanlon (PA-5) – co-chair of Congressional Access to Legal Aid Caucus
-
Karen Lash – American University Justice Programs Office and former official at DOJ’s Office for Access to Justice
-
Elizabeth Werner – managing attorney at Legal Aid of West Virginia
{produced by the Legal Services Corporation}
As a lawyer, developing your personal brand may actually have the potential to improve your legal practice in more ways than you realize. On Balance hosts JoAnn Hathaway and Molly Ranns talk with Katy Goshtasbi about how lawyers can build a personal brand by identifying the unique things they have to offer their clients. Katy outlines her formal research on stress and self-confidence and explains how increased self-awareness positively impacts these areas of lawyers’ lives and helps naturally support diversity and inclusion.
Check out Katy’s Free Personal Branding Quiz: https://purisconsulting.com/quiz/
And her book: Personal Branding in One Hour For Lawyers
Katy Goshtasbi is a change and branding expert, founder of Puris Consulting, and a former securities/compliance lawyer.
Is it now easier to discharge student loans in Bankruptcy? A recent class action case, ‘Homaidan vs. Navient’, from the United States Court of Appeals for the Second Circuit opens that door. What does that mean for debt holders around the country? Jason Johnson from the law firm of Roetzel and Andress walks us through it.
Special thanks to our sponsor Nota.
Mathew Kerbis, of the ‘Financial Wellness Minute’, talks about a topic near and dear to his heart (legal education) with Kyle McEntee, the co-founder and executive director of Law School Transparency. Together they discuss the inputs and outputs that can impact a career before it gets started. Issues like cost, school ranking, and licensing can all play a part in those early job options but what can we learn from it? How do we optimize? Stay Tuned for the ‘Financial Wellness Minute’ when Mathew discusses the value of life insurance (even for young in-debt lawyers).
Special thanks to our sponsor, The Velvet Hammer.
From the FDA’s emergency use authorization of vaccines, to federalism concerns, to employee/employer relationships, to schools, and much more—legal issues related to the COVID-19 pandemic continue to crop up at a rapid pace. To help law students make sense of these evolving matters, Meg Steenburgh welcomes Harvard Law professor Glenn Cohen to share valuable insights on a wide variety of pandemic-era legal topics.
Professor Glenn Cohen is one of the world’s leading experts on the intersection of bioethics and the law.
Thank you to our sponsor NBI.
The collapse of the Champlain Towers was a horrible tragedy killing nearly 100 people in Surfside, Florida. When events like this are caused by mistakes from the HOA and their property managers, where does the blame fall? Will there be criminal charges? Who will bear the financial losses as the lawsuits mount? Michael Kennedy from Berding & Weil joins us.
Special thanks to our sponsor Nota.
After failing to form a bipartisan committee to investigate the January 6th attack on the United States Capitol Complex, Speaker of the House Nancy Pelosi instead formed a select committee. However, accusations of partisanship have been leveled at the committee, particularly after Pelosi eliminated House Minority Leader McCarthy’s offered committee members – representatives Jim Banks of Indiana and Jim Jordan of Ohio.
Last week, police officers from the U.S. Capitol Police and Washington, D.C.’s Metropolitan Police Department appeared before the committee, giving their accounts of what happened that day. Since the hearings have started, the subject of subpoenas has come up, particularly for those who spoke with former President Trump that day. Representative Adam Kinzinger, one of the Republican committee members, indicated that this committee would use its subpoena power stating “I would expect to see a significant amount of subpoenas.”
So will this select committee use their subpoena power? And how difficult will it be to get members of Congress, and maybe even the former president to testify before the panel? On Lawyer 2 Lawyer, host Craig Williams is joined by professor David A. Super from Georgetown Law, as they take a look at the creation of the House select committee and the investigation of January 6th. Craig and David discuss the hearings, the possibility of using subpoenas, and where this is all headed.
Lawyerist Lab member Deena Buchanan shares what she did in her firm to get things rolling and growing in no time.
If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, get the first chapter right now for free!
Thanks to LEX Reception, Rankings.io, TextExpander, and Postali for sponsoring this episode.
Hosted by Juan Thomas (former National Bar Association President), this episode features an in-depth conversation with future American Bar Association President Reginald Turner. Together they discuss the value of mentors, his vision for leadership, and the importance for young lawyers to get involved with the ABA.
This podcast was recorded live at the August 2021 Annual Meeting of the National Conference of Bar Presidents (ncbp.org).
The Pandemic forced the legal profession to innovate and modernize its operations. With minds now open to change, this is the perfect time to implement much needed adjustments to help close the access-to-justice gap. This episode features host Patrick Palace (past Washington State Bar Association President) interviewing Chief Justice Bridget Mary McCormack from the Michigan Supreme Court. Together they discuss how the legal profession is not meeting the needs of the public, current drivers for change, and programs out there delivering results.
This podcast was recorded live at the August 2021 Annual Meeting of the National Conference of Bar Presidents (ncbp.org).
Utah Supreme Court Justice Constandinos “Deno” Himonas updates us on the regulatory changes aimed at closing the access-to-justice gap nation-wide. Hosted by Thomas Rombach (former State Bar of Michigan President) and Joe Sullivan (former State Bar of Montana President), this episode delves into sandbox programs, non-lawyer ownership of law firms, and new advertising rules as well as the process for change in the legal profession.
This podcast was recorded live at the August 2021 Annual Meeting of the National Conference of Bar Presidents (ncbp.org).
We’re headed back to our offices, bar associations, and the courts, but what does that mean for the future? While some wish to go back to the way things were before the pandemic, others recognize a big opportunity to improve the legal profession and move the needle forward. Hosted by Jayne Reardon from the Illinois Supreme Court Commission on Professionalism, this episode talks about those issues and more with Laura Farber and William Bay from the ABA Coordinating Group on Practice Forward.
This podcast was recorded live at the August 2021 Annual Meeting of the National Conference of Bar Presidents (ncbp.org).
If you work in the rap industry, are you less likely to get a fair trial? Can your stage presence and social media profile indict you in the court of public opinion? If you’re a performance artist or know one, you might want to tune in. Dr. Charis Kubrin from the University of California, Irvine joins us to answer these questions plus much more.
Special thanks to our sponsor Nota.
Joe and Kathryn discuss bar exam horror stories. The last — hopefully — pandemic bar exam continued to bring calamity and examiners seem largely unfazed that applicants are being put through glitches and computer crashes over it. Amy Chua remains in the headlines, but this time because rumors suggest that the school might punish students for meeting with her. And we talk about more Biglaw firm reopenings after one firm announced that they’ll be cutting off building ID cards for the unvaccinated.
Special thanks to our sponsors, Lexicon and Nota.
Sustained bouts of stress can have short and long-term impact on your health, relationships, and ability to serve clients. If you’re eating lots of junk food or drinking more-than-average, you might be trying to cope with something that will eventually catch up with you. Don’t be a statistic. Learn better ways to manage inbound stress as it comes up. Dr. Deborah Topol and Lawrence Rosenberg, co authors of the ‘Trial Lawyers Guide to Success and Happiness’ join Dave Scriven-Young to talk about instant ways to manage stress for a long productive career.
Stay tuned for Darryl Wilson’s tips on practicing law during the pandemic and uncertainty.
Developing informants can be a tricky process for law enforcement. Even with the best of intentions, some relationships can turn inappropriate and ruin an investigation. How do the police avoid that from happening and where is the line drawn? Adam Banner from the Oklahoma Legal Group joins us.
Special thanks to our sponsor Nota.
Workers’ compensation law is full of doctrines, some easier than others to understand. To help clarify the specifics of two particular doctrines 一 the “going and coming” rule and the “level floor” doctrine 一 Judson Pierce takes the opportunity to interview Alan S. Pierce to get a detailed look at how these two doctrines operate.
Special thanks to our sponsor, PInow.
It might alarm you that New York City businesses are collecting and sharing your biometric data (e.g. facial recognition, retina scans, etc.). A new law is supposed to curtail that practice but as you will hear, it won’t stop it. Michael Graif from the Mintz Law Firm joins us.
Special thanks to our sponsor Nota.
How exactly are we supposed to keep all this information in our lives organized and recallable? Hide things in folders? That’s probably not the best course. Dennis and Tom dive into the subject of tagging, both in terms of its strengths and weaknesses, so that all the information you need is available when and where you need it.
In the “Hot or Not?” segment, the guys explore the current climate of legal tech investment and discuss whether the current glut of funding is sustainable.
As always, stay tuned for the parting shots, that one tip, website, or observation you can use the second the podcast ends.
Have a technology question for Dennis and Tom? Call their Tech Question Hotline at 720-441-6820 for answers to your most burning tech questions.
Special thanks to our sponsors, Colonial Surety Company, ServeNow, and Nota.
Guest Marie Stockton is an estate planning lawyer laser-focused on making sure her clients understand what they’re signing. She’s mastering document prep tools to assure they have the look and feel that encourages reading and comprehension.
Topics:
Making the shift from WordPerfect to Microsoft Word Paying attention to the little things, like fonts Designing and creating styles for formatting Complex numbering for document accuracy Resources:
Matthew Butterick, Typography for Lawyers Debora Savatra, Legal Office Guru Barron Henley, Affinity Consulting Mark Unger, Muse Legal YouTube Lynda/LinkedIn Learning New Insights (brought to you by Nota):
Veteran practitioner Starlett Massey answers litigation associate Melanie Kalmanson’s question. Question 3 of 4: “What are three things you would like to see changed in the legal profession?” Special thanks to our sponsors, Lawclerk, Alert Communications, Abby Connect, and Clio.
Lawyerist Lab member Erik Pelton shares his experience with sprucing up his branding and how that helped with his client acquisition process.
If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, get the first chapter right now for free!
Thanks to Clio, Postali, Rankings.io, and TextExpander for sponsoring this episode.
Managing IOLTA accounts is challenging for both new and established law firms, so what can they do to make sure all their ducks are in a row? Sharon and Jim welcome Paul Garibian of Nota to talk through common mistakes lawyers make, the serious consequences of mismanaging these accounts, and the best practices lawyers need to know.
Paul Garibian is a fintech expert, entrepreneur, and current CEO of Nota.
Special thanks to our sponsors, Scorpion, Blackletter Podcast, Alert Communications and Nota.
In this edition, Jonathan Amarilio and co-host Jennifer Byrne are joined by California probate attorney Justin Gold to discuss a topic that is sensational, delicate, concerning, and much in the news: the conservatorship of Britney Spears. Justin explains how the conservatorship system is supposed to work, its pros, its cons, and how it – at least according to press accounts – seems to have failed Britney Spears.
Special thanks to our sponsors, CourtFiling.net.
After a very challenging year, many Americans are feeling out of sorts and having a hard time getting back on track. Could the obstacle be a condition known as “Learned Helplessness”? The worst part is that a person might have it without even knowing it. Our good friend Patrick Krill returns to show us how to identify the signs and what we can do to help ourselves get out of the rut.
Special thanks to our sponsor Nota.
Providing remarkable service is a no-brainer when it comes to earning a steady stream of referrals. It’s so basic that Gyi and Conrad aren’t even counting it in their lists of ways to get referrals.
So what other methods are you probably overlooking? For one: give referrals. No one said it better than Paul McCartney in a classic SNL interview with Chris Farley, “The more you give, the more you get.”
Getting clients in the door through referrals is great, but how do you budget for your marketing efforts? Whether a firm wants to take over Texas or just keep the lights on, Gyi and Conrad discuss why successful firms dedicate a portion (and how much) of their revenue towards marketing efforts. They also compare/contrast marketing effort and marketing infrastructure. Think gas v. engine.
Listen to the end, and grab your popcorn, for Gyi and Conrad’s pop culture recommendations.
Special thanks to our sponsors Alert Communications, LexisNexis® InterAction®, LawYaw and Clio.
Irritating judges isn’t recommended, but it really went off the rails for a couple of lawyers in the past few days. In Missouri, an attorney told off a judge and landed himself a week in jail. In NY, a lawyer kept picking at a federal judge long enough that the judge absolutely lost it on him. We also talk about the pervert calling libraries across the country asking them to read him a Supreme Court case while he masturbates. And we talk about firm office reopenings — is it time for firms to pull the trigger and start mandating vaccines?
Special thanks to our sponsors, Lexicon and Nota.
From the football field to the boardroom, talent development expert Ben Murphy has learned a few moves critical to building a motivated and productive team.
Host Christopher Anderson and Murphy discuss how law firms can better hire, train, motivate and retain a team.
Murphy explains why 56% of executives fail within 18 months of being hired and how to avoid these common pitfalls. He also details how managers can effectively manage a team working remotely and manage across generational divides.
Ben Murphy is vice president of Titus Talent Strategies.
Special thanks to our sponsors, Scorpion, Lawclerk, Alert Communications and LawYaw.
There are decades of entertainment based on the inevitable AI apocalypse, but…is it really all that inevitable? Maybe, just maybe, robots are only here to help you. Think WALL-E—not Ultron—and tune in for Jared’s take on the importance of embracing AI in your legal practice. (1:50)
Next up, lawyers need simple, collaborative tools to do their best work. Jared talks with Mat Rotenberg about his top tips for removing burdens that hinder productivity and using automation to cultivate a better workplace. (8:22)
And, this time on the Rump Roast, Jared and Mat play “Balls Deep”. . . and we’ll just let you find out what that’s all about. (23:03)
Mathew Rotenberg is the CEO and co-founder of Dashboard Legal.
Our opening track is Two Cigarettes by Major Label Interest.
The music for the Legal Trends Report Minute is I See You by Sounds Like Sander.
Our closing track is Normal People by M O K. Check out his album Kids Table on Spotify.
Special thanks to our sponsors TimeSolv, Clio, Scorpion, and Alert Communications.
With cyber threats and their respective defenses evolving at an ever-quickening pace, ongoing and frequent cybersecurity training is a must for today’s law firms. With some of the recent major cybersecurity events in mind, Sharon and John offer practical examples and training tips for improving employees’ cyber threat awareness and preventing an attack on your firm.
Special thanks to our sponsors CaseFleet and PInow.
How do you use LinkedIn? Do you see it as a static resume, or is it the equivalent of your morning newspaper? For Marc W. Halpert, LinkedIn is the most effective way lawyers and other professionals can build their brand, display expertise in niche markets, and nurture business relationships.
Halpert was so convinced of this that in 2017, he wrote a book on LinkedIn marketing techniques. Enough has changed in the swiftly moving internet landscape that he is now releasing a new edition of the book, LinkedIn Marketing Techniques for Law and Professional Practices, Second Edition.
Do you feel awkward sharing your thoughts on LinkedIn? Finding own your voice and using it authentically is extremely important, Halpert counsels. As a LinkedIn consultant for professionals, he coaches people on how to use LinkedIn to demonstrate your worth to clients, colleagues–and recruiters.
In this episode of the Modern Law Library, Halpert shares what’s changed in the past four years, how the pandemic has made online networking more important than ever, and the most common missteps he has seen lawyers make on LinkedIn. He discusses how he works LinkedIn into his day and when to say no to someone who wants to connect with you. He also warns about ethical pitfalls to steer clear of, and common faux pas people should avoid.
Lawyerist Lab members Jeremy and Sara Danilson talk about what it takes to grow your business with the right hires. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , , and for sponsoring this episode.
Sonja Ebron and her wife, Debra Slone, saw firsthand how difficult it can be to represent yourself in civil cases through experiences they had being sued and suing others. Ebron says the couple’s legal battles spanning several different practice areas ultimately prompted them to develop a platform called Courtroom5, an online toolbox that helps self-represented litigants handle their cases from start to finish.
Unlike many other technological tools for pro se litigants, Ebron says Courtroom5 is particularly well-suited to help people with complex civil matters and can be utilized by consumers nationwide.“Our goal is to simplify the process as much as possible for people who first of all really don’t want to be in court and secondly don’t have the legal background,” she says. The company, which is based in Durham, North Carolina, is also working to add a feature to help users connect with lawyers for a-la-carte services.
In this new episode of the Legal Rebels Podcast, Ebron discusses the build-up to the launch of Courtroom5 in 2017 and breaks down the different ways the platform can assist users.
Special thanks to our sponsors, Alert Communications and Nota.
Lab financial coach Bernadette Harris talks about how to think through your financial strategy in your firm. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , and for sponsoring this episode.
There’s a business case to be made for hiring attorneys with ADHD, autism, learning disabilities and other neurological differences. Businesses have long touted out-of-the-box thinking, but cookie-cutter hiring practices don’t tend to result in diversity of thought. A legal professional who quite literally thinks differently can be an invaluable part of a team.
In her book Great Minds Think Differently: Neurodiversity for Lawyers and Other Professionals, autistic attorney Haley Moss provides guidance for firms looking to add neurodiverse employees; develop better working relationships with neurodiverse clients; and create more supportive workplaces to help their neurodiverse employees perform at their peak. But she also approaches the issue from the point of view of neurodiverse people looking to enter the profession and thrive within it, whether by advocating for accommodations or leaning in to the way their brain functions best.
In this episode of the Modern Law Library, the ABA Journal’s Lee Rawles and Moss discuss Moss’s journey as a child who was non-verbal to an adult with a law degree, law firm job and numerous public-speaking engagements. They also talk about how COVID-19 has shown law firms that flexible work arrangements are possible and desirable, and what that could mean for neurodiverse attorneys seeking accommodations.
Moss shares tips for students entering law school this fall, or who are attempting to pass the bar exam. And Moss also shares an anecdote about how her very literal way of thinking during research helped her firm successfully advocate for a recusal. If you are someone who never received a diagnosis as a child but have wondered whether you may have a condition like ADHD or autism, she also offers suggestions for how you could explore it further.
Lawyerist’s Legal Tech Advisor, Zack Glaser, shares his best tips for conducting a tech audit in your firm! If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , and for sponsoring this episode.
Lawyerist Lab member Deena Buchanan shares what she did in her firm to get things rolling and growing in no time. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , , and for sponsoring this episode.
Lawyerist Lab member Erik Pelton shares his experience with sprucing up his branding and how that helped with his client acquisition process. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , , and for sponsoring this episode.
From the football field to the boardroom, talent development expert Ben Murphy has learned a few moves critical to building a motivated and productive team. Host Christopher Anderson and Murphy discuss how law firms can better hire, train, motivate and retain a team. Murphy explains why 56% of executives fail within 18 months of being hired and how to avoid these common pitfalls. He also details how managers can effectively manage a team working remotely and manage across generational divides. Ben Murphy is vice president of Titus Talent Strategies. Special thanks to our sponsors, , , and .
There are decades of entertainment based on the inevitable AI apocalypse, but…is it really all that inevitable? Maybe, just maybe, robots are only here to help you. Think WALL-E—not Ultron—and tune in for Jared’s take on the importance of embracing AI in your legal practice. (1:50) Next up, lawyers need simple, collaborative tools to do their best work. Jared talks with Mat Rotenberg about his top tips for removing burdens that hinder productivity and using automation to cultivate a better workplace. (8:22) And, this time on the Rump Roast, Jared and Mat play “Balls Deep”. . . and we’ll just let you find out what that’s all about. (23:03) Mathew Rotenberg is the CEO and co-founder of . In honor of Ringo Starr's 81st birthday, featuring songs from lesser bandmates - and, they're still pretty damn good! Our opening track is Two Cigarettes by Major Label Interest. The music for the Legal Trends Report Minute is I See You by Sounds Like Sander. Our closing track is Normal People by M O K. Check out his album on Spotify. Special thanks to our sponsors , , , and .
Harbani Ahuja from ICAAD (The International Center for Advocates Against Discrimination) turns Supreme Court decisions into poems without writing a word. How does she do it? Why does she do it? Tune in to find out! Special thanks to our sponsor .
Patrick Krill, a lawyer who has a consulting business focused on addiction, mental health and well-being in the legal profession, left all social media, except LinkedIn, during the COVID-19 pandemic. He did it for his own mental health and says any business development benefits that came from Twitter or Facebook were not worth the trade-off. Special thanks to our sponsor, .
Governor Abbott wants to complete the border wall with a combination of redirected state funds and private contributions. Normally the Federal Government finances projects like that but when it decides not to, is Texas allowed to step in? Professor Eugene R. Fiedell from New York University Law School joins us to answer that question plus much more. Special thanks to our sponsor .
In cities across our nation, homelessness is an ongoing problem. According to the 2020 Annual Homeless Assessment Report (AHAR) to Congress, completed by the US Department of Housing and Urban Development prior to COVID, roughly 580,000 people were experiencing homelessness in the United States on a single night in 2020. This represented the fourth consecutive year in which homelessness increased nationwide. The severity of this problem has led to high profile conflicts on how to address the crisis. In April of this year, US federal judge David O. Carter issued a 110 page order necessitating the city and county of Los Angeles to find shelter for all unhoused residents of Skid Row, as well as requiring an audit of any spending related to the homeless. Alleging that Judge Carter's ruling is a violation of the separation of powers, the city and county appealed the matter to the 9th Circuit, who heard arguments this month. So, how do we combat homelessness? And is enough being done by city officials? On Lawyer 2 Lawyer, host Craig Williams is joined by professor Gary Blasi, from UCLA School of Law and Breanne Schuster, staff attorney with the American Civil Liberties Union of Washington, as they discuss the legal issues surrounding homelessness, separation of powers, current legislation, and what is being done to combat this nationwide problem.
Labster Spencer Keys shares with us what he has done to make sure his firm stays client centered. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , , and for sponsoring this episode.
The Democratic side of the Texas Legislature escapes to DC while Republicans plot revenge. It seems no one is trying to make friends. What will happen next? Professor Randall Erben from the University of Texas School of Law walks us through this parliamentary predicament. Special thanks to our sponsor .
Jones Day continues to be a black box -- let's break that open. Morgan Stanley is urging its outside counsel to get back to the office. To what extent do clients get to dictate how law firms run their business? And we talk about cruise lines suing Florida and a Catholic school suing Michigan claiming that making schoolchildren wear masks is sacrilegious, which seems like a stretch. Special thanks to our sponsors, and .
Chicago's lakefront with its parks, museums, beaches and public spaces is an accident of history. But can we take lessons from that history to create sustainable and environmentally responsible public spaces? Joseph D. Kearney and Thomas W. Merrill look at the political, commercial and legal wrangling–some of which involved very strange bedfellows–that led to the development of lakefront land and its preservation for public use in their new book, Lakefront: Public Trust and Private Rights in Chicago. From the enigmatic Aaron Montgomery Ward, who amassed a massive fortune that funded his legal battles to keep the lake views from his flagship store, to the rapscallion "Captain" George Wellington Streeter, whose squad of armed squatters long held the land that now forms the neighborhood of Streeterville, Kearney and Merrill share the backstories of a number of the historical figures who helped make the Chicago lakefront what it is today. They also dig into one of the city's most ambitious engineering projects: reversing the flow of the Chicago River to carry its sewage away from Lake Michigan–to the dismay of the cities downstream. Quirks of urban history and competing public and private interests led to landmark cases which created legal doctrines still in use today. And the legal wrangling is far from over; in recent years, a Star Wars museum proposed by George Lucas and the presidential library of Barack Obama have both run into lawsuits over how lakefront land can be used and developed. In this episode of the Modern Law Library, Kearney and Merrill discuss the shenanigans that ultimately gave the city and the state of Illinois one of its most priceless parcels of land and preserves it for public use. They also discuss how they envision other local, state and federal entities could use some of this history when designing land use regulations and protecting resources for public use.
When COVID-19 began hitting the United States hard in spring 2020, Janine Sickmeyer was among those in the bankruptcy world who thought that there would be a tsunami of cases. But contrary to the prognostications of many, the influx of bankruptcy matters never materialized. Special thanks to our sponsors, and .
Kraken, a cryptocurrency exchange, was forced by a court to provide user lists to the IRS. But, without probable cause and a warrant, isn’t that a violation of the 4th Amendment for traders not currently under investigation? Donna F. Hartl and Jake Nicholson from the law firm of Roetzel & Andress join us. Special thanks to our sponsor .
Our 200th Episode! Former President Donald Trump files a class action lawsuit against the world’s biggest social media companies. Does that mean we will lose Twitter, Facebook, or YouTube? Ken White (of Popehat) returns to Ken-Splain. Special thanks to our sponsor .
Are there good ways to develop your legal technology expertise in a hurry? Well, Dennis and Tom’s short answer is no, but don’t let that get you down! Tune in for their tips and resources for building your knowledge base and gaining a greater understanding of the ever-expanding relationship between technology and law. This time on “Hot or Not?”, the guys examine asynchronous audio/video tools and offer their take on this tech’s practicality in the workplace. As always, stay tuned for the parting shots, that one tip, website, or observation you can use the second the podcast ends. Have a technology question for Dennis and Tom? Call their Tech Question Hotline at 720-441-6820 for answers to your most burning tech questions. Special thanks to our sponsors, , , and .
As part of a continuing effort to show the different career paths open to paralegals, host Carl Morrison welcomes a fellow legal operations expert to share his backstory. Tom Stephenson, legal operations manager at Teladoc Health, shares his career trajectory from paralegal in private practice, legal tech consultant to the head of legal operations. Stephenson and Morrison discuss the increasing value of legal operations in helping legal teams run more efficiently and make better decisions. Tom Stephenson is head of legal operations at Teladoc Health. Special thanks to our sponsors, , , and
Labster Valentina Rose shares about how systems and technology she put in place have helped propel her firm forward. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , , and for sponsoring this episode.
What can you do if you don't have the law on your side? Have you considered telling the judge that legal research is an insult to you both? Because that's what one of the lawyers in the various Trump election suits tried. The judge didn't go for it. Meanwhile, the big man himself is searching for lawyers around Mar-a-Lago and this gets Joe wondering how regular folks find lawyers these days. Kathryn fills us in on a reality TV personality turned lawyer who has joined the Biden administration. And apparently everyone is still attacking Joe in other publications. Special thanks to our sponsors, and .
Nation leaders at the G7 summit in Cornwall, England discussed the possibility of mandating certain “climate disclosures” on the financial reports of their nation's corporations. Does that mean American Corporations will be subject to foreign regulations on their home exchanges and how much could compliance cost? Jacob Hupart from the Mintz law firm joins us to answer those questions. Special thanks to our sponsor .
In this part two of two, Sonia continues her conversation with Ravi Ramanathan and Mathew Kerbis about financial health. In this episode, they discuss what you need to consider before refinancing your student loans, the recommended savings everyone should have, and whether or not the Nintendo Switch can save you money. {hint} ... It’s about less subscriptions and more Mario. Special thanks to our sponsor, .
In this part one of two, Sonia Russo is joined by her friend and unofficial financial advisor Ravi Ramanathan as well as our financial wellness segment host Mathew Kerbis to talk about ways to become and remain financially healthy (even early in your career). Among the many topics of discussion are higher cost of living, managing student loans, and living within your means. {hint} ... It’s either brunch or property. Special thanks to our sponsor, .
In the news, market consolidation continues with Litify’s purchase of LegalStratus. And the guys discuss Ohio’s recent short-sighted decision to roll back lawyer advertising by banning competitive brand bidding. Gyi and Conrad have more schooling to do when it comes to lawyer ad regulation. But first, the two create a glossary of online ad payment types: CPC, CPM, CPL, and CPA. Listen carefully. There may be a quiz down the line. In a new segment, “Dear State Bar Regulator,” Gyi appeals to bar regulators in Texas, Florida, and South Carolina to revisit rules that put lawyers at a competitive disadvantage in modern law practice. Gyi and Conrad invite reviews of #LHLM, even from bar leaders who may never again invite them to speak at a conference. Special thanks to our sponsors , , and .
Jared’s got a long list of how law firms’ poorly manage documents, and, well, maybe you’re no better. Tune in for his advice on how to manage your law firm files the right way. (1:44) Next, Kara Vaval seriously debunks the myth that lawyers have to choose career over family, sharing how her unique life experiences motivated her to overhaul her goals and create a flexible, lucrative legal career. (9:34) And, finally, lots of crazy shit happens in Florida, so Jared turned the “Florida Man” meme into a game! Find out whether Kara can tell which news stories actually feature a true “Florida Man.” (31:30) Kara Vaval is an author, keynote speaker, business development coach, and the President of Vaval Law, a personal injury law firm. Check out Jared's recent appearance on Kara's podcast . Since we shouted out our peeps in Christmas, Florida, we figure maybe it’s time for some Christmas in July. So here’s our early Christmas list! Our opening track is Two Cigarettes by Major Label Interest. The music for the Legal Trends Report Minute is I See You by Sounds Like Sander. Our closing track is Epic Week Abroad by Sam Barsh. Special thanks to our sponsors , , , and .
The Supreme Court gives the Armed Career Criminal Act (ACCA) an update with a recent decision but where does that leave state criminal laws? Will our streets become more dangerous? Professor Douglas Berman from The Ohio State University Moritz College of Law returns to do a lot of law-splainin’. Special thanks to our sponsor .
If a crisis has affected you or someone you know in the legal community, the State Bar of Michigan wants to help! Their newly implemented offers support in the event of a catastrophic illness, accident, or event; and this help is available to all legal professionals and law students in Michigan. On Balance hosts JoAnn Hathaway and Molly Ranns welcome Bruce Courtade and Rob Mathis to discuss how this program operates and how Michigan’s legal community can learn more and get involved in the SOLACE network. Bruce Courtade is an attorney at Rhoades McKee and a former president of the State Bar of Michigan. Robert Mathis is the pro bono service counsel for the State Bar of Michigan.
Lawyers are expected to go to great lengths to represent their client’s interests. But what is actually required of them and when does zealous advocacy go too far? Stacie Rosenzweig from Halling & Cayo joins us to talk about Rudy Giuliani’s suspension and what we can learn from it. Special thanks to our sponsor .
The Declaration of Independence famously states "that all men…are endowed by their Creator with certain unalienable Rights”. But do those or similar unalienable rights extend beyond people? According to groups like the Global Alliance for the Rights of Nature, our ecosystem - the trees, oceans, animals and mountains - are entitled to rights of their own. So was the Declaration of Independence too limited in its language? Does nature have its own “self-evident” rights? On Lawyer 2 Lawyer, host Craig Williams is joined by Lindsey Schromen-Wawrin, an attorney at Shearwater Law PLLC, to discuss what rights we have to access nature, whether there is a requirement for the government to preserve nature for us, and if we have any legal rights to force the preservation of other species.
Lab coach Ryan McKeen about the components of a business strategy and how to put one together to create a firm you’re proud of. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , , and for sponsoring this episode.
Cedar Point Nursery vs. Hassid is a Supreme Court case that determines if property owners be forced to let union bosses into their businesses to negotiate with their employees against them? Ilya Shapiro from the CATO Institute returns to guide us through the analysis. Special thanks to our sponsor .
The SCOTUS Term is over and so is any remotely text-based interpretation of the Voting Rights Act. Justice Alito pulled off a smooth rewriting of the statute with nary a peep from his textualist colleagues. It looks like this is going to be our future for a while. And it's a future that will apparently include Justice Breyer who appears to have locked in to staying on the Court, all common sense aside. Speaking of common sense, how much money might you sacrifice to have work from home flexibility? For most of you out there, it's a lot. Special thanks to our sponsors, and .
As the 50th anniversary of the Pentagon Papers case approached, First Amendment scholars Lee Bollinger and Geoffrey Stone knew they wanted to mark the occasion somehow. Much has changed since RAND Corporation employee Daniel Ellsberg decided spend weeks photocopying some 7,000 pages of a classified report on the war in Vietnam and sneaking them out via his briefcase to be published by the New York Times and the Washington Post. For one thing, since 2011, the complete report has been made available to the public by the National Archives. For another, it has become both easier to download and spirit away classified information, and easier to use digital trails to identify any leakers. In the digital age, should we still be using the Pentagon Papers case as precedent, and how should we approach modern examples of leakers like Edward Snowden, Chelsea Manning and Reality Winner? Bollinger and Stone gathered together about 30 experts in the fields of national security, journalism and academia to tackle the questions raised by 50 years of post-Pentagon Papers jurisprudence. The commission's report and essays from the various contributors were compiled into the book National Security, Leaks and Freedom of the Press: The Pentagon Papers Fifty Years On. In this episode of the Modern Law Library, Bollinger and Stone discuss their experience working on the project, the developments they found most surprising, and some of the best practices suggested by the commission.
Congressman Jamie Raskin joins Dave Scriven-Young to give us a behind-the-scenes tour of what a Presidential Impeachment trial looks like as they discuss the last efforts from the House of Representatives to impeach former President Donald J. Trump. Stay tuned for Darryl Wilson’s tips on artificial intelligence and the legal issues that may arise.
John Gow and Craig Sylvester from expert service provider Jensen Hughes discuss how the latest technologies are impacting marine loss claims. Special thanks to our sponsor, , Best’s Insurance Professional Resources, including Qualified Member attorneys, adjusters and expert service providers.john
Out-of-state Doctors are remote-treating patients in Arizona. But what are the limitations and will this actually be the future of medicine? Professor Katharine Van Tassel from Case Western Reserve University School of Law walks us through it. Special thanks to our sponsor .
Wishing you a wonderful holiday weekend with pomp, parade, and Illuminations from one end of this continent to the other... Happy 4th of July!
Close to leaving the profession she worked so hard to join, Giugi Carminati realized what was missing: Legal project management. But there was a problem. By their very natures, lawyers are resistant to the methods and processes that make legal project management most effective. Carminati and host Christopher Anderson talk about how legal project management is slowly being adopted and embraced in the legal profession. Carminati explains how this change in management can help firms retain women and lawyers of color before they get fed up and flee. Giugi Carminati is an experienced litigator and certified Legal Project Manager and eDiscovery Director for NDH, LLC. Special thanks to our sponsors, , , and .
Not everyone is thrilled about going back to the office, but it seems that more and more businesses are setting dates for their employees’ required return. This begs the question – should employers be able to demand their workers’ physical presence? Dennis and Tom talk through the many issues at play here, and whether we ever can (or should) get things “back to normal.” This time on “Hot or Not?”, Dennis and Tom give an update on their Second Brain projects, sharing their individual progress and the notable ways they’ve been implementing their chosen tech. As always, stay tuned for the parting shots, that one tip, website, or observation you can use the second the podcast ends. Have a technology question for Dennis and Tom? Call their Tech Question Hotline at 720-441-6820 for answers to your most burning tech questions. Special thanks to our sponsors, , , and .
Sylvia Borunda Firth has been sworn in as the new president of the State Bar of Texas! Host Rocky Dhir welcomes Sylvia to discuss her hopes for the presidency, particularly her passion for diversity and inclusion. As the first Hispanic woman and first person from El Paso to ascend to the presidency, Sylvia discusses her unique campaign path, the importance of these “firsts” and the progress they represent, and then also zeros in on two specific issues: her hopes to tackle the problem of “legal deserts” in the state, and her thoughts on and why a mandatory state bar is good for Texas lawyers. Sylvia Borunda Firth is a solo practitioner in El Paso, Texas and State Bar of Texas President for 2021-22.
Labster Mike Howard talks about how he is using the traits we teach in The Small Firm Roadmap to grow and improve his criminal defense firm. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , , and for sponsoring this episode.
What is “Amazon Sidewalk” and does it come in peace? Professor Bryant Walker Smith from the University of South Carolina School of Law joins us to explain how Jeff Bezos turned our home wifi into his free network using our smart devices. How does it work? What does it do? Tune in to find out! Special thanks to our sponsor .
The National Association of Legal Assistants is seeing record registration numbers for its second all-virtual annual meeting in July. NALA CEO Vanessa Finley joins host Jill Francisco to preview this year’s catalog of hot topics, standards, and certification courses. And Finley explains how to register to attend public events for free. At its July meeting, courses cover a range of trending issues – qualified immunity and immigration law – to practical skills, such as case planning with Agile or Scrum, how to write appellate briefs, and avoiding the unauthorized practice of law. On the topic of UPL, Finley and Fransisco discuss how the regulatory landscape is changing when it comes to who can deliver legal services. Opening markets in as many as 17 states is leading to increased demand and expanded roles for paralegals. This is especially the case for limited licensed legal technicians and document preparers, Finley explains. Vanessa Finley is chief executive officer of the National Association of Legal Assistants. Special thanks to our sponsors, , , and .
In this edition, guest host Trisha Rich and co-host Jennifer Byrne are joined by public relations and legal marketing expert Debra Pickett of Page 2 Communications for a discussion about how lawyers can shift their mindset from lawyer to entrepreneur and embrace the art of shameless self-promotion to build their book of business. Special thanks to our sponsors, .
Joe and Kathryn welcome Chris Williams, the newest writer to the Above the Law staff, to discuss the latest Above the Law law school rankings. Chris's alma mater tied with Harvard this year and we discuss the ATL model and how it comes up with these numbers. We also discuss last week's biggest story: an associate who billed for over a year to a closed matter. Yikes. Special thanks to our sponsors, and .
Can you recall the moment your childhood ended? Jared does. For him, it all dates back to a fateful day in 1986. (1:50) Next, Jess Birkin of the joins Jared to share the best tips for “spring cleaning” your law firm. Tune in to learn how to eliminate the waste holding you back. (9:16) And finally, we find out what makes Minnesota so unique. (Duck, Duck, Gray Duck? What is that mess about?). (25:27) Every good “spring clean” needs a good soundtrack, so check out these inspirational tunes and get motivated! Our opening track is Two Cigarettes by Major Label Interest. The music for the Legal Trends Report Minute is I See You by Sounds Like Sander. Our closing track is August by . Special thanks to our sponsors , , , and .
Los Angeles County District Attorney George Gascon introduces Special Directive 20-06 which curtails the use of cash bail for certain types of crime. So what are those offenses and what happens when offenders are instantly allowed back on the streets? Deputy District Attorney Michele Hanisee from Los Angeles County joins us. Special thanks to our sponsor .
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, .
The Affordable Care Act survived another Supreme Court challenge in ‘California vs. Texas’. But what was actually resolved and what does that mean for future challenges to Obama Care? Aron Solomon from Esquire Digital law-splains. Special thanks to our sponsor .
The Supreme Court has seen a number of religious freedom cases so far in 2021. In a 5-4 ruling in Tandon v. Newsom, the high court struck down COVID-related restrictions on group religious activities in private homes. Also, in Fulton v. Philadelphia, a case involving a Catholic group that objects to placing foster children with same-sex couples, SCOTUS ruled that the city of Philadelphia violated the First Amendment when it froze the contract of the Catholic Foster Care Agency. So, did the addition of Justice Amy Coney Barrett impact these religious freedom cases? Do these decisions set any sort of precedent for future cases? On Lawyer 2 Lawyer, host Craig Williams is joined by Professor Jim Oleske from Lewis & Clark Law School, to discuss SCOTUS & religious freedom, focusing on the shadow docket, the rulings stemming from COVID restrictions, and the impact these rulings will have on future cases centered around religion.
Known nationwide for her technology and legal management expertise, Natalie Kelly has recently brought her skills to the Southern Poverty Law Center to help them modernize their legal department operations. Sharon Nelson and Jim Calloway talk with Natalie about her new role and the work done by the center to advance civil rights and racial justice. Natalie discusses the technology used to help the center refresh its operations, highlights her focus on promoting collaboration, and gives an overview of how the center’s practice areas work to advance human rights. Natalie Kelly is the director of legal management for the Southern Poverty Law Center. Special thanks to our sponsors, , , and .
Guest: Dean Blachford just hanged his solo shingle eight weeks ago. But he didn’t jump into solo practice blind. Instead, he reviewed New Solo’s back catalog and sought advice from host Adriana Linares. He joins Linares to share his crash course on striking out on his own. Five Categories of Must-Listen Episodes: 5) Inspirations from famous people 4) Building a marketing plan 3) Planning for proper financial management 2) Nailing down a collections strategy 1) Best of New Solos Blachford’s Tech Stack: Microsoft Teams for team meetings and video conferencing Microsoft Word and Excel for planning and collaboration Hubspot for contact relationship management RingCentral to manage business calls Clio for ease of clerk and client use LawPay for client payment flexibility New Insights (brought to you by Nota): Veteran practitioner Starlett Massey answers litigation associate Melanie Kalmanson’s question: Question 2 of 4: "What is the most underutilized tool in litigation?" Special thanks to our sponsors, , , , and .
Lab coach Kelly Street is talking with therapist Sherry Walling about what it looks like to carry your client’s trauma. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , , and for sponsoring this episode.
COVID’s isolation plus reliance on new technology left our senior citizens more vulnerable to fraudsters. But how can we stop these criminals? Josh Jones from Bressler Aimery & Ross gives us tips and information. Special thanks to our sponsor .
Summer is upon us, vaccinations are making travel safer, and you may be looking forward to getting some leisure reading done. In this episode of the Modern Law Library, host Lee Rawles shares some of the books she’s read since our episode. We are also re-airing a we did with David Grann, author of Killers of the Flower Moon: The Osage Murders and the Birth of the FBI. A film adaptation of the book is , with Martin Scorsese directing and Leonardo DiCaprio, Robert De Niro, Jesse Plemmons and Lily Gladstone featured as actors. Check out the interview before the movie's expected release in 2022. Mentioned in this episode: The Premonition, by Michael Lewis In Such Good Company: Eleven Years of Laughter, Mayhem, and Fun in the Sandbox, by Carol Burnett The Second World War, by Anthony Beevor D-Day: The Battle for Normandy, by Anthony Beevor A Fatal Thing Happened on the Way to the Forum: A Cultural History of Murder in Ancient Rome, by Emma Southon The Pacific War Trilogy by Ian W. Toll - Pacific Crucible: War at Sea in the Pacific, 1941-1942 - The Conquering Tide: War in the Pacific Islands, 1942-1944 - Twilight of the Gods: War in the Western Pacific, 1944-1945 The Romanovs: 1613-1918, by Simon Sebag Montefiore 500 Miles from You, by Jenny Colgan Scottish Bookshop series by Jenny Colgan Practical Magic, by Alice Hoffman
The latest news about Google’s update to Core Web Vitals has led to a flurry of opportunistic emails from SEO companies offering their services to “fix” problem points for firms. Gyi and Conrad offer some reassurance, buyer beware tips, and what to focus on with this latest Google rollout. Their predictions for further market consolidations hit the mark again, this time with news of the acquisition of SEO industry leader . Rounding out the news, they explain what’s new about Google’s new tool, Search Console Insights. Diving deeper into Clio’s information-rich Legal Trends Report, Gyi and Conrad welcome Friend of the Podcast George Psiharis to talk about lawyer hireability and the disconnect between what lawyers think clients want and what clients say they want from their lawyers. The three discuss how the disconnect makes sense but how fixing the issues isn’t necessarily so simple. Special thanks to our sponsors , , and .
Ohio’s Attorney General Dave Yost filed a lawsuit to turn Google into a public utility so it can be regulated as a common carrier. This might sound far out but Ohio’s unique law gives them legal grounds to try it. But what does all this mean? Harold Feld from Public Knowledge gives us the skinny. Special thanks to our sponsor .
Mental health problems have long been a prevalent issue amongst both law students and practicing lawyers, but have things gotten better as the profession has sought to increase awareness and reduce the stigma surrounding these concerns? Meg Steenburgh welcomes Patrick Krill for a broad discussion on legal field mental health and his extensive research and work in this area. Patrick offers invaluable perspectives on how to be in tune with your own mental health and how to seek help when you need it. Patrick Krill is an attorney, licensed and board-certified alcohol and drug counselor, author, researcher, and advocate who has spearheaded numerous groundbreaking efforts to improve mental health in the legal profession. Thank you to our sponsor .
What happens when you are surrounded by Canada and water during COVID-19? If you’re an American living in Minnesota’s Northwest Angle, you get cut off from civilization. So how did everyone survive? Brad Dokken from the Grand Forks Herald tells us about this true-life "Tale of Two Lakes". Special thanks to our sponsor .
Looking for some simple ways to make life just a little bit better? Dennis and Tom challenge themselves to fire through 20 simple technology-related tips in just 20 minutes, from useful shortcut commands, to favorite apps, to smarter tech habits, and more! On “Hot or Not?”, they discuss whether making cell phone calls is really useful or necessary in this day and age and what types of issues still exist in regard to network reliability. As always, stay tuned for the parting shots, that one tip, website, or observation you can use the second the podcast ends. Have a technology question for Dennis and Tom? Call their Tech Question Hotline at 720-441-6820 for answers to your most burning tech questions. Special thanks to our sponsors, , , and .
We have all seen a wave of ransomware attacks in the news as of late. For those who are unfamiliar, ransomware is a type of malware that threatens to publish, destroy, or block access to the victim's personal data unless a ransom is paid. The ransom is usually paid to these attackers through cryptocurrencies like Bitcoin, impairing the ability to trace the transaction back to the perpetrator. Targets of all sizes, such as the Colonial Pipeline, McDonalds, the University of California, all the way down to dental practices, have fallen prey to these attacks. No one is immune. So could you be next? And what can we do to prevent these attacks from happening to us? On Lawyer 2 Lawyer, host Craig Williams is joined by Thomas J. Holt, director and professor in the School of Criminal Justice at Michigan State University.
No lawyer wants a failing grade, but the fact that nearly one-third of law firms have experienced a data breach makes it apparent that cybersecurity preparedness needs some major work. Focusing specifically on smaller law firms, The weaaSharon Nelson and John Simek welcome Tom Lambotte to discuss why lawyers fail to adequately protect themselves and what they should do to bring their cybersecurity measures up to scratch. Check out Tom’s blog for quick & easy insights on protecting your data. Tom Lambotte is the founder and CEO of and . Special thanks to our sponsors and .
Lab coaches Kelly Street and Stephanie Everett share their best tips and insights to help level up your business for greater success. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , and for sponsoring this episode.
Did Snapchat’s Speed Filter cause a fatal high speed accident and if so does Section 230 of the Communications Decency Act protect it from liability? Associate Dean and Professor Eric Goldman from the Santa Clara University School of Law walks us through the lawsuit filed against the social media company by parents who lost their children. Special thanks to our sponsor .
Biglaw firms are furiously matching salary increases this week, and Joe and Kathryn walk through the latest announcements, how we got here, the impact across the country, and the fate of the whiny corporate clients out there. This episode doesn't have a cash register sound effect, which is really a shame and Joe takes full responsibility for this oversight. Special thanks to our sponsors, and .
Devshi Mehrotra and her classmate Leslie Jones-Dove, who was also passionate about criminal justice reform, contacted local public defenders in the Chicago area to see how the two technologists could potentially be of help. They responded by developing a technology platform known as JusticeText, an AI-powered evidence management tool primarily geared toward public defenders. Special thanks to our sponsors, and .
A whole lot of lawyers are trying to be something they’re not, but Jared thinks you all really ought to cut the crap. The truth is, marketing yourself as some unapproachable superlawyer isn’t going to get you nearly as far with clients as just being yourself. (1:56) Building on this theme, Jared welcomes Darian Kovacs to discuss ways to develop your online authenticity by telling your story, your way. They chat about compelling marketing tactics to employ on a number of platforms, including Google My Business, YouTube, blogs, newsletters, and more. (8:13) This time on the Rump Roast, the interview continues! Jared asks Darian about his unique experiences as a podcaster and what led to his podcast getting picked up by (27:20). Darian Kovacs is a founding partner of Jelly Digital Marketing and PR Agency. Our opening track is Two Cigarettes by Major Label Interest. The music for the Legal Trends Report Minute is I See You by Sounds Like Sander. Our closing track is Take Me Home, by Adrian Walther Special thanks to our sponsors , , and .
In this part two of two, Sonia Russo talks with Hema Lochan who participated in the American Bar Association’s Legal Tech Fictional Writing Competition. Together, they discuss her short story ‘F(A.I.)LED US’ which is about the unintended consequences for using artificial intelligence (instead of a lawyer) in a future criminal justice system. Stay tuned for the Financial Wellness Minute when contributor Mathew Kerbis discusses how and why everyone should keep an inventory for future insurance claims. Special thanks to our sponsor, .
In this part one of two, Sonia Russo talks with the winner of the American Bar Association’s Legal Tech Fictional Writing Competition, Theresa Yuan, about her winning dystopian-future short story ‘In The Matter of Infinite Monkeys’ and how it cautions against over-trusting predictive algorithms to determine what kind of person a child will become. Can technology really predict a child’s fate? And what happens if it can? Stay tuned for the Financial Wellness Minute when contributor Mathew Kerbis shares the wisdom and rewards for paying your student loans early. Special thanks to our sponsor, .
The Centers for Disease Control and Prevention announced new guidelines for taking off our masks and relaxing certain social distance protocols associated with COVID-19. In this episode we discuss what workplaces need to consider before they change their policies with Melissa Legault from Squire Patton Boggs. Special thanks to our sponsor .
What do we mean when we talk about web presence, and how exactly can your law firm get it? Hosts Molly Ranns and JoAnn Hathaway welcome legal marketing pro Gyi Tsakalakis to chat about what digital marketing looks like in the current legal landscape. They discuss effective ways to invest in your online presence, how to measure your success, and whether an in-house marketing team or a marketing consultant is right for your firm’s needs. And, after their aerial view, Gyi closes in on some of the specifics of Google marketing and shares why he recommends Wordpress for developing your firm’s website. Gyi Tsakalakis is founder of AttorneySync, and as a non-practicing lawyer, he understands the unique considerations of ethically and effectively marketing a law practice online.
Amateur online investigators have helped police break cold cases wide open but what happens when they go too far? Dr. Sarah Lageson from Rutgers University School of Criminal Justice stops by to discuss the ethical and Constitutional concerns as well as the proper way for law enforcement to team up with these arm-chair detectives. Special thanks to our sponsor .
Attorneys Thomas Brown and Patrick Delong from the law firm Marshall Dennehey Warner Coleman & Goggin discuss differences between regular automobile cases and rideshare cases and the types of claims that result from them. Special thanks to our sponsor, , Best’s Insurance Professional Resources, including Qualified Member attorneys, adjusters and expert service providers.
Lawyer, author, and Lawyerist Lab alumna, Megan Zavieh, shares with us what it means to be a modern lawyer and the role ethics and technology play in it all. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , and for sponsoring this episode.
Recent secession efforts aim to add land to Idaho by removing it from other states like Oregon, Washington, and California. But who is heading this movement and why? Is it legal? Will it happen? Professor Norman Williams from Willamette University College of Law joins us. Special thanks to our sponsor .
Stanford responded swiftly to the outcry over threatening a law student's graduation because he made jokes about Josh Hawley, but what's not funny is the fact that the people who targeted him will all have high profile clerkships next year. We also discuss Harvard's insistence that students on need-based aid hand over all their summer associate earnings. And there's way more conversation about the phrase "Wet and Wild" than anyone wants. Special thanks to our sponsors, and .
A red tie. Manicured nails. Bleached hair. Loafers. The width of a person's hips. These are just a few of the things cited by vice patrol cops as indicators of someone's sexual preferences in the 1930s through the 1960s. In Vice Patrol: Cops, Courts, and the Struggle Over Urban Gay Life Before Stonewall, author Anna Lvovsky examines the way that queer communities were policed in the 1930s through the 1960s.
If your firm recognized Memorial Day on social media, there’s a chance the celebratory language fell flat against the occasion’s solemnity. Gyi and Conrad explain how to recognize holidays from a business perspective appropriately. Search engine optimization leads the news with the release of , controversy over Google penalizing a firm for link practice relating to a scholarship it provides, and the latest . Confused? Gyi says not to worry and explains the three things you really need to know. Looming large in the marketing space is the shift to user privacy by the big players, namely Apple, Facebook and Google. Gyi and Conrad chat about what the shift will mean to marketers. Listen for the bottom line on cost and creativity. Conrad and Gyi round out the episode with six tactical takeaways from their recent . Topics include conversion and local SEO approaches, the counterintuitive value of no-follow links, and the benefit of testing title tags regularly. The world isn’t standing still. Neither should your marketing strategy, they advise. Special thanks to our sponsors , , and .
Professional Tennis Star Naomi Osaka recently and surprisingly withdrew from the French Open after she was fined for failing to make her contractually obligated media appearances. If you’ve been following the headlines, you know Naomi had a really good reason for doing this but there’s so much more to the story. Sports lawyer and law professor Darren Heitner returns to the show to tell us all about it. Special thanks to our sponsor .
There’s a right way to create a culture of diversity and inclusion and there are countless wrong ways companies and law firms continue to develop failing programs and policies. St. John’s University’s William Murphy tells host Carl Morrison the range from worst reasons to implement (reactionary) to best (making the business case). In between are altruistic or PR-motivated programs doomed to fail. He outlines what makes a successful program and how those programs not only improve culture but increase profits. William L. Murphy is an Assistant Professor at St. John’s University. Special thanks to our sponsors, , , and .
In this episode, we talk about South Dakota’s famous 4th of July fireworks show, why it was cancelled, and Governor Kristi Noem’s lawsuit against the Biden Administration to get it back. Christopher Vondracek from Forum News Service joins us. Special thanks to our sponsor .
According to The Hill, Republican lawmakers in 34 states have introduced more than 80 anti-protest bills thus far in the 2021 legislative session. In Florida, Governor Ron Desantis recently signed an ‘anti-riot’ bill into law that states, in part, that a driver may avoid liability "for injury or death caused if fleeing for safety from a mob.” And Oklahoma Governor Kevin Stitt signed a similar bill into law as well, requiring that the driver "unintentionally harm[s] protesters in fleeing said protests". So is this legislation constitutional? Does it infringe on an individual's First Amendment’s right to peacefully protest? Or is this a necessary deterrent to combat violence at protests? On Lawyer 2 Lawyer, host Craig Williams is joined by attorney Jeff Lewis, from Jeff Lewis Law, to discuss states regulating protests through legislation, how such laws intersect with the First Amendment, and the impact on those who protest.
It’s that time again! Dennis and Tom return to the time-honored tradition of sharing their summer reading plans with listeners. After discussing their reading habits and some favorite digital reading tools, they offer up their top book picks for the summer – both fiction and non! Next, this time on “Hot or Not?”, Dennis and Tom discuss CCTV, its significant privacy implications, and whether they think it might gain more of a foothold in the United States. As always, stay tuned for the parting shots, that one tip, website, or observation you can use the second the podcast ends. Have a technology question for Dennis and Tom? Call their Tech Question Hotline at 720-441-6820 for answers to your most burning tech questions. Special thanks to our sponsors, , , and .
We are replaying an older episode where Lawyerist Co-Founder, Sam Glover, and Stephanie Everett talk about the book they co-wrote together, The Small Firm Roadmap. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , and for sponsoring this episode.
Thankfully, career opportunities for law students and new lawyers seem to be increasing as COVID concerns abate. But, how can you best prepare yourself for actually getting the job you want? Meg Steenburgh welcomes Howard University School of Law’s Lauren Jackson to discuss tips and tactics for pursuing a fulfilling legal career. She emphasizes the importance of networking from day one of law school and advises students to keep an open mind about the opportunities that come their way. Lauren R. Jackson is assistant director of career services at Howard University School of Law and a legacy-focused attorney with a passion for helping entrepreneurs, small businesses and everyday dreamers through her consulting agency, The L. Renee Group.
Famed author and attorney Edna Selan Epstein stops by to talk with Dave Scriven-Young about Attorney Client Privilege, how it’s developed over the years, and related ways to save cost in discovery. In addition, they talk about starting her firm, lessons she’s learned, and much more. Stay tuned for Darryl Wilson’s tips on the scope and use of Attorney-Client Privilege.
The Arizona Election Audit has provoked high-powered legal battles but what is the Arizona Senate looking for and why is Maricopa County and the Democratic Party of Arizona trying to stop it? Zachary Stieber from the Epoch Times walks us through this colossal rumble. Special thanks to our sponsor .
More law firms announce that they aren't expecting associates to be back full-time in the office in the fall. More law schools announce that they aren't expecting enrolled law students to be in class at all. And more Kardashians announce that they aren't lawyers yet. Special thanks to our sponsors, , and .
As Texas has lightened its COVID-related restrictions ahead of many other states, courts around the state are making plans to or have already opened their doors to resume in-person court proceedings. As this process moves forward, how are jurors, litigants, and the many other people involved kept safe? State Bar of Texas podcast host Rocky Dhir talks with Judge Maricela Moore about what her court, the George Allen Courthouse in Dallas, is doing to ensure safety and what challenges they face related to changing mandates, individual juror concerns, and many other considerations. Judge Moore also discusses the use of Zoom, her take on its role in the future of the judiciary, and when she thinks it does and doesn't work for court proceedings. Judge Maricela Moore is the presiding judge of the 162nd Judicial District Court of Dallas County and the local administrative district judge
In May 2020, lawyer and author David Lat was starting his recovery from a life-threatening bout with COVID-19. A little over a year later, Lat, founder of Above the Law, decided to leave his job as a legal recruiter, go back to writing full time, and leave New York City for the New Jersey suburbs with his husband and their 3-year-old son. The COVID-19 pandemic influenced those changes. Special thanks to our sponsor, .
With an ever-expanding universe and a Goldilocks zone around each and every star, isn’t it pretty impossible to assume we are alone in the cosmos? Perhaps since the mysterious Roswell incident of 1947, increased curiosity about aliens and space has given rise to a whole lot of great entertainment and conspiracy theories both interesting and absurd. The truth is out there, so join Jared as he examines our fascination with aliens and UFOs. (1:48) Next, Jared handily transitions to his interview with sales pro Erik Bermudez. Lawyers tend to hate the idea of sales, but Erik points out the need to drop the stigma and appreciate the fact that a sales-focused approach can actually impress clients and help your law firm grow. (8:56) Rump Roast time! Jared’s new game, “Samesies”, surprises Erik with the unique opportunity to compare himself with other “Erik Bermudez”-es that Jared found on the internet! (26:12) Erik Bermudez is vice president of strategic partnerships at Filevine. Our opening track is Two Cigarettes by Major Label Interest. The music for the Legal Trends Report Minute is I See You by Sounds Like Sander. Our closing track is Artratus by Isaac Joel. Special thanks to our sponsors , , and .
The 6th Amendment guarantees our Right of Confrontation in criminal trials and affords us an opportunity to question witnesses against us. But in a world where criminal courts are using Zoom for trials, are we protecting the Constitutional Rights of defendants in court? Professor Andrea Roth from the University of California Berkeley School of Law joins us to explain. Special thanks to our sponsor .
Microsoft 365 is heavily relied upon by many legal professionals, and with its numerous and frequently updated tools, it’s always good to re-up your knowledge of its capabilities! Sharon Nelson and Jim Calloway welcome Ben Schorr to discuss 10 features lawyers especially enjoy about Microsoft 365. Ben discusses some of his favorite hidden gems in the software, and shares lawyer-specific insights on its licensing structure, security, mobile access, email encryption, and more. Ben M. Schorr is a senior content designer at Microsoft. Special thanks to our sponsors, , , and .
Remote work expert and Lab coach, Maryellen Stockton, talks to us about what your next steps should be after hiring and onboarding an employee. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , and for sponsoring this episode.
As the fully vaccinated emerge and more and more offices welcome employees back in-person, employers may be looking for creative ways to reconnect their teams in the office and on the softball field. Before organizing that company picnic or sponsoring, they may want to check their liability for employees. Hosts Judson and Alan Pierce address the “deceptively simple and litigiously prolific” workers comp doctrine of recreational injuries, varying standards of proof, and possible defenses. Jud and Alan parse the various work-related factors, including how voluntary the activity is and the benefit the employer gets from hosting or sponsoring the off-premises activity. Special thanks to our sponsor, .
As America continues to reopen, certain changes at the Department of Labor might impact your workplace and its ability to recover from COVID-19. Tune in to hear the details with expert guests Crystal Wildeman and Louise Griffin from the law firm of Dinsmore & Shohl. Special thanks to our sponsor .
Rob Bilott, the renowned attorney leading the fight against the spread of deadly “forever chemicals,” the author of acclaimed memoir “Exposure: Poisoned Water, Corporate Greed, and One Lawyer's Twenty-Year Battle Against DuPont,” and the subject of the 2019 legal thriller “Dark Waters,” sits down with host Jonathan Amarilio to discuss his struggle on behalf of tens of thousands of poisoned Ohio and West Virginia residents and his ongoing efforts to stop the use of toxins that have contaminated nearly all of humanity. Special thanks to our sponsors, .
Amid the far-reaching disruptions caused by the pandemic, safeguarding client relationships, maintaining seamless delivery of legal services and supporting an engaged and productive (and largely remote) staff have been critical priorities. As law firm and legal department leaders manage these and other health, safety and business continuity matters, they are facing growing compliance risks they can’t be ignored. Changes in operational procedures and data security triggered by remote work arrangements and virtual communications channels are just a couple areas where legal teams are working to ensure compliance programs are up-to-date, effective and resilient. In this episode of The Robert Half Legal Report, host Charles Volkert, senior district president of Robert Half Legal, is joined by Kim Dickerson, a regional managing director with global consulting firm Protiviti, a subsidiary of Robert Half. They examine current issues that are amplifying compliance risks and discuss ways to manage compliance requirements with evolving regulations governing office re-openings, vetting and working with new suppliers, new technologies, and more. They also offer strategies to help mitigate these risks while reinforcing compliance effectiveness across the organization. Robert Half is not a law firm and does not provide legal representation. Robert Half project attorneys do not constitute a law firm among themselves.
Infinite vacation time sounds great until you place yourself inside the passive-aggressive crucible of a law firm. Management is probably genuinely trying to give associates more flexibility with their vacations but ultimately freaking out their lawyers in the process. Meanwhile, summer associates are heading to work and very worried about the level of mentoring they're going to get in a remote work environment. And we check in on a judge at the center of an epic set of allegations. Special thanks to our sponsors, , and .
When Mark A. Torres was researching his first novel, A Stirring in the North Fork, he came across a piece of local history he'd never known about. Starting during the labor shortages of World War II, Long Island had been home to dozens of camps for several decades, some of which kept migrant workers in deplorable–and often deadly–conditions. As general counsel for the Teamsters Union Local 810, Torres was fascinated. But information about these camps was available only in news accounts, film documentaries, memoirs and local records. Years after completing A Stirring in the North Fork(plus a children's book and a second novel) Torres decided he would write the first full-length non-fiction account of these camps and the people who lived and died in them: Long Island Migrant Labor Camps: Dust for Blood.
Jaclyn Foster knows what it’s like being a full-time paralegal and working for a temp staffing agency. But she opted to break from the norm and build her dedicated paralegal agency because she learned that a professional contract paralegal service could save law firms money, improve quality, and assure continuity. Host Christopher Anderson interviews Foster about her journey from rural Minnesota and Wisconsin to running a team of contract paralegals to support modern law practices. Foster explains how, in her experience, contract paralegals not only save money but bring a level of expertise and consistency that many full-time approaches lack. Anderson and Foster discuss lessons learned from the pandemic, including how quickly a sidelined paralegal could be picked up by a different firm in a competitive market. Jaclyn Foster is the founder and principal of Jaclyn Foster Paralegal Services. Special thanks to our sponsors, , , and .
How do you balance the needs of a patient versus safely running a mental health facility? In this episode, we discuss whether or not a non-certified service animal should have been granted access to a treatment center. Christopher Knauf from the Disability Rights Legal Center joins us to discuss his work and the law. Special thanks to our sponsor .
Many Americans privately give to causes and charities but don’t want that fact to be made public. But, do we actually have a right to privately donate? The Supreme Court will soon answer that question in another free speech case called ‘Americans for Prosperity Foundation vs. Bonta’. Professor Roger Colinvaux from Columbus School of Law stops by to explain. Special thanks to our sponsor .
Court packing is defined as “the act or practice of packing a court and especially the United States Supreme Court by increasing the number of judges or justices in an attempt to change the ideological makeup of the court.” Last month, Congressional Democrats introduced legislation to expand the Supreme Court from nine to 13 justices, and President Biden announced the formation of a commission to study the court's structure, including the number of justices and their length of service. Of course, this has led to yet another controversy along party lines. On Lawyer 2 Lawyer, host Craig Williams is joined by Tonja Jacobi, professor of law at Northwestern Pritzker School of Law, to discuss packing the Supreme Court, the politicization of the High Court, potential reform, and next steps.
2020 not only brought us COVID-19, but also seemingly the worst year ever for cyber-attacks and data breaches. So, did someone drop the ball, or are threat actors just getting better and better at their craft? Dennis and Tom hash out their thoughts on the matter, examining cyber threats both old and new, discussing how to effectively educate yourself on what’s out there, and emphasizing the importance of proactive security and training for your law firm. This time on “Hot or Not?”, Dennis and Tom examine Notion’s API and its ability to truly make this tool a power player in their ongoing personal knowledge management, the Second Brain. As always, stay tuned for the parting shots, that one tip, website, or observation you can use the second the podcast ends. Have a technology question for Dennis and Tom? Call their Tech Question Hotline at 720-441-6820 for answers to your most burning tech questions. Special thanks to our sponsors, , , and .
Data security risks are constantly evolving, and the past few years have only shown increases in the number of attacks faced by companies and organizations around the world. To examine these trends in depth, Sharon Nelson and John Simek welcome Craig Hoffman to look at the most recent stats from the BakerHostetler Data Security Incident Response Report. Craig offers insights into many of the report’s findings, including the marked escalation in ransomware incidents, rising risks for previously untargeted industries, whether the work-from-home shift brought about an increase in security incidents, and much more. He also shares tips for what your first steps should be if your business suffers a data security breach. Craig Hoffman is a sought-after digital risk advisor who co-leads the Digital Risk Advisory and Cybersecurity team at law firm BakerHostetler. Special thanks to our sponsors and .
Guest: Rachel Allums took a nontraditional path to law practice, first working as a receptionist and paralegal before reading for the California Bar. She benefited from years of firm management experience, leveraging these skills when she launched her estate planning practice one year ago. Topics: What it’s like being a legal unicorn Flipping the script by learning to be a lawyer before learning to think like a lawyer Battling inertia to make practice management changes that benefit clients Launching a firm during a pandemic Scaling and managing an influx of clients Cultivating relationships through preferred provider deals Managing client expectations with forthright, transparent communication Yes, print advertising still works! The Tech Stack: Clio Grow/Clio Manage for client intake and management Quickbooks online for bookkeeping HotDocs document automation from AbacusNext Lawyaw for online legal forms New Insights (brought to you by Nota): Veteran practitioner Starlett Massey answers litigation associate Melanie Kalmanson’s question: Question 1 of 4: “What made you decide to start your own firm?” Special thanks to our sponsors, , , , and .
Authors and professors, Michael Heller & James Salzman, talk to us about the rules of ownership in our lives and what role lawyers play in all this. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , and for sponsoring this episode.
Professor Adam Winkler from the UCLA School of Law joins us for a high caliber discussion about New York State Rifle & Pistol Association v. Corlett and what that case could mean for 2nd Amendment rights. Special thanks to our sponsor .
Joe and Kathryn discuss the latest legal Zoom fail as a defendant flirts with contempt after his sister changed his Zoom moniker to some sort of sci-fi sex machine. The pair also talk about Ropes & Gray's decision to transition to a four-day office work week and the latest insulting, dubious rant from the National Conference of Bar Examiners declaring that poor test results for minority applicants is... probably because minorities aren't cut out to be lawyers in the first place. Yikes! Special thanks to our sponsors, , and .
A gratifying legal victory sparked Jacqueline Schafer's desire to create a legal technology product that would help other lawyers efficiently craft case-winning briefs full of compelling evidence. Clearbrief is an AI-powered legal writing tool that launched in March. Special thanks to our sponsors, and .
Historically, lawyers have been pretty dependent on in-person networking, but in the era of social distancing, taking a new tack has become a necessity. Jared offers tips for remote-based networking to help you market your firm and make new connections. (1:47) Next, Jared brings on Jaimie Field to dig into her knowledge of law firm rainmaking. Jamie shares her experience with generating income, encouraging a hybrid of virtual and, eventually, in-person tactics. (6:49) And, of course, we finish off with the Rump Roast! Jared tests Jaimie’s knowledge of TV shows, McDonald’s, and more in a new game called “Three Answers.” (25:00) Jaimie Field is president of Marketing Field, LLC and a rainmaking motivational coach and speaker. Find out more at Our opening track is Two Cigarettes by Major Label Interest The music for the Legal Trends Report Minute is I See You by Sounds Like Sander Our closing track is The Perfect Getaway by Polyphonic Groove Orchestra Special thanks to our sponsors , , and .
Does Florida’s new anti riot law violate free speech and the right to right peaceably assemble? Kirk Bailey from the ACLU of Florida joins us to compare notes. Special thanks to our sponsor .
As far as the legal profession has come, there are still elements of racial inequality and it’s not always easy to see. Host Sonia Russo talks with attorneys Tiana Towns, Andrew Hairston, Paulina Vera, and Jerome Crawford about their personal experiences with racism while practicing law. In addition, they discuss microaggressions, implicit bias, and the importance of self-care. Stay tuned for the Financial Wellness Minute when contributor Mathew Kerbis shares practical tips for saving money. Special thanks to our sponsor, .
A huge 2nd Amendment case that flew under the press radar, Travieso v. Glock addresses liability issues when 3rd parties unlawfully use firearms and injure others. Larry Keane from the National Shooting Sports Foundation joins us. Special thanks to our sponsor .
Author, speaker and business coach, Trivinia Barber, talks to us about fighting our email to get to inbox zero. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , , and for sponsoring this episode.
Eugene Volokh used his blog to whine some more about how his constant demands to be respected for throwing around racial epithets in class keep getting him clowned. This time he tries to pull a "gotcha" that two years ago, a single Above the Law article had an unedited slur in a block quote... which is so unhelpful to his argument that you have to wonder if he's suffered a concussion or something. We also talk about Judge Lynn Hughes finding himself the subject of another benchslap and revisit the old Above the Law story that has taken center stage in the Philadelphia DA race. Special thanks to our sponsors, , and .
In 1974, a United States diplomat was kidnapped by the People’s Liberation Army of Mexico. His wife fought for his release but U.S. policy forbid the government from paying his ransom. Tune in to hear a true life account involving President Nixon, John McCain, Henry Kissinger, the “Hanoi Hilton”, a hijacking, and border crossings. Brendan I. Koerner, author and writer for the Atlantic joins us. Special thanks to our sponsor .
When they were putting together their new book, Crisis Lawyering: Effective Legal Advocacy in Emergency Situations, editors Ray Brescia and Eric K. Stern didn't know that the world would soon be gripped by a pandemic–but they knew that being ready for crises large or small could only benefit attorneys. In fact, lawyers who specialize in emergency management and handling crisis situations are more in demand than ever, and it doesn't take a contagious deadly pathogen to need their services. In Crisis Lawyering, Brescia and Stern gathered personal accounts from lawyers who handled everything from Hurricane Katrina recovery, to international kidnappings of journalists, to the Muslim ban and contentious family law cases, all of who make the point that a crisis can pop up in cases large and small. Whether you want to make a career out of handling crisis cases or you want to weather a crisis that's been foist upon you, the authors in the various chapters have tips and tricks learned from their own experiences. In this episode of the Modern Law Library, Brescia and Stern talk about the writing process, their own experience with emergency management in government and the private sector, and delve into the ethical issues the legal profession should be examining as its members are forced to make hard choices in crisis situations. For example, the medical profession has come together to produce standards for triage during mass casualty incidents. Should lawyers hold themselves to a different standard of care in the legal equivalent of a mass casualty incident?
Top headline for #LHLM: More episodes are coming your way! Look for new shows twice a month on the first and second Wednesdays. Next up, as Gyi and Conrad predicted, venture capital is making waves in legal. Most recent headlines covered a $100 million infusion for Scorpion, followed soon after by word that Clio raised $110 million. What does the investment mean for firms and matter management? Gyi and Conrad discuss. Speaking of Clio. In the “Clio Legal Trends Report Minute,” Gyi and Conrad explain why some lawyers fared better than others during the pandemic. Hint: Choices of technology for payments, portals, and intake are client-focused. Metrics can be confusing. So Gyi and Conrad ID the metrics they think law firms should care about most. Each shares five metrics that get to the heart of client acquisition. Properly implemented, they explain how these measures improve everything from client intake (just answer the phone) to a client’s lifetime value. And just in case you’re looking for more acronyms, Gyi and Conrad will set you up with UCR, LTV, and IQLMC. Special thanks to our sponsor , , and .
As bad as it might sound, some employees are faking COVID symptoms or exposure to receive more time off. Learn how to spot this and what to do about it in this episode with Daniel Kaplan from Foley & Lardner. Special thanks to our sponsor .
The recent National Judicial Stress and Resiliency Survey offered insights into the overall well-being of judges and the strategies they use to handle stressors in their work. On Balance hosts Molly Ranns and JoAnn Hathaway are joined by Joan Bibelhausen and Judge David Shaheed, who recently co-authored an article on the survey’s results. They share how and why the survey was created, its findings on mental health and coping mechanisms, and what they recommend for stakeholders to help support judges in their roles. Joan Bibelhausen has served as Executive Director of Lawyers Concerned for Lawyers since 2005. Judge David Shaheed's legal career spans more than 30 years, including 20 years as a judge in both criminal and civil courts.
Can you name all the Supreme Court Justices or tell us which Amendments are in the Bill of Rights (no Googling)? American Bar Association President Trish Refo reveals the results of their most recent civics survey. Tune in to see how your knowledge stacks up. Special thanks to our sponsor .
Are legal scholarship and commentary currently hindered by antiquated publishing platforms? Law reviews seem to be increasingly irrelevant, but valuable legal content still needs a way to reach its target audience. Dennis and Tom dig into this topic by examining the state of legal publishing and discussing which platforms legal content creators should consider as they move into the future. Later, Dennis and Tom discuss whether law firms should ask their employees to return to the office in another edition of their “Hot or Not?” segment. As always, stay tuned for the parting shots, that one tip, website, or observation you can use the second the podcast ends. Have a technology question for Dennis and Tom? Call their Tech Question Hotline at 720-441-6820 for answers to your most burning tech questions. Special thanks to our sponsors, , , and .
Expert Service Provider Steve Rundell, PHD & PE from Explico Engineering Company discusses the importance of forensic visualization in the context of accident and claims investigations. Special thanks to our sponsor, , Best’s Insurance Professional Resources, including Qualified Member attorneys, adjusters and expert service providers.
After a year of remote court, how are judges, lawyers, and litigants doing? State Bar of Texas podcast host Rocky Dhir talks with Judge Emily Miskel, vice chair of the Texas Supreme Court’s Remote Proceedings Task Force, about the many innovations in Texas courts throughout the past year. Judge Miskel highlights the advantages of remote court and its ability to increase access to justice for many litigants, and predicts what newly established systems will remain in place in the future, even after courts fully open. Judge Emily Miskel has served as judge of the 470th district court of Collin County, Texas, since the court was created in 2015. In 2020, she began serving as the Local Administrative District Judge of Collin County, and has coordinated the courts’ COVID response, keeping courts running during the pandemic.
Author, speaker and workplace strategist, Erica Keswin, talks about the importance of rituals and how they can transform the workplace. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , and for sponsoring this episode.
In this episode, we talk about the legalities and policy considerations for vaccine passports. Are they a good idea or should we hide in our bunkers? Rachel Morgenstern from Jaspan Schlesinger breaks it all down.
You may have heard that happy people have a purpose. So what’s yours? Some litigators believe that being a lawyer is their purpose . . . but is that true? The Honorable Tiffany M. Williams from the Pepperdine Caruso School of Law joins Dave Scriven-Young to talk about the importance of knowing your purpose and being fulfilled. Stay tuned for Darryl Wilson’s tips for winning objections!
Who better than a curmudgeon to make your firm more profitable? Famed author Mark Herrmann of The Curmudgeon’s Guide to Practicing Law joins our host Dave Scriven-Young to discuss the best ways to “land whales” through writing, networking, and public speaking. Stay tuned for Darryl Wilson’s tips for building your book of business!
Not to be confused with “trial by fire,” a trial by Zoom can be a scary new experience for any hardened litigator. Luckily, others have pioneered best practices for courts, judges, and, yes, lawyers to follow. Host Dave Scriven-Young is joined by Judge Marsha J. Pechman and Judge Thomas Samuel Zilly from the United States District Court for the Western District of Washington. Together they share the journey going from in-person proceedings to a remote environment and road map the process along the way, including advice for displaying evidence, how to read a jury, what to wear, and much more! Stay tuned for Darryl Wilson’s tips for making great opening statements!
Obviously, we're not advocating for spoliation of evidence or obstruction of justice, but... shouldn't Rudy Giuliani of all people known not to keep evidence of crimes around? He used to run the DOJ office that's investigating his buddies! Meanwhile, the California bar exam gets caught breaking its own rules and the Pennsylvania bar president gets caught trying to protect himself from extortion. Special thanks to our sponsors, , and .
The big question is: if ‘Werewolves of London’ had never been a hit, would anyone have ever heard of Warren Zevon? His mainstream popularity may have been limited, but with a cult following and a catalogue of humorously cutting songs, Jared thinks Zevon’s career deserves some recognition. (1:42) Next, the past year’s challenges have made many law firms take a hard look at their financials and realize… they’ve got a big ol’ mess. Jared welcomes Brooke Lively to discuss moves smart law firms should make to have a future-ready, data-driven financial management plan. (9:10) And, finally—the Rump Roast! Jared and Brooke play “Number One Fan” to find out whether their personal preferences line up with favorites of the American masses. (28:25) Brooke Lively is the CEO and founder of Cathedral Capital, a team of CFOs and profitability strategists who help entrepreneurs turn their businesses into profitable companies. Our opening track is Two Cigarettes by Major Label Interest. The Legal Trends Report Minute music is I See You by Sounds Like Sander. Our closing track is L'apparition by Bellodrone. Special thanks to our sponsors , , and .
Michigan Courts reinforced the 4th Amendment in a recent decision about law enforcement’s use of low flying aerial drones without a warrant. Mark McKinnon from Fox Rothschild stops by to walk us through this pivotal case.
Indiana put in place a new law that prohibits employers from forcing their employees to get device implants. Is that a thing?! Craig Wiley from Jackson Lewis joins us to explain it all.
Social justice issues have been at the forefront of protests across our nation. In order to report on these protests, journalists have been on the front lines of the action. Yet, due to a lack of public trust, journalists are often targeted by law enforcement or counter protesters. American broadcast journalist Walter Kronkite, famously said, “Freedom of the press is not just important to democracy, it is democracy.”So what are the rights of journalists during protests? What about public citizens? On Lawyer 2 Lawyer, host Craig Williams is joined by Shannon Jankowski, the E.W. Scripps Legal Fellow at Reporters Committee for Freedom of the Press, and David Bralow, Legal Director for the Press Freedom Defense Fund & Senior Vice President, Law, for the First Look Institute, Inc., as they discuss incidents of mistreatment of journalists by law enforcement during recent protests. Together, we explore freedom of the press generally and in the context of protests; and talk briefly about the legalities surrounding the filming and photographing of the police by citizens. Shannon Jankowski is the E.W. Scripps Legal Fellow at Reporters Committee for Freedom of the Press. David Bralow is Legal Director for the Press Freedom Defense Fund and Senior Vice President, Law, for the First Look Institute, Inc.
Meet the hosts of Litigation Radio, a brand new podcast from the American Bar Association’s Litigation Section. Dave Scriven-Young and Darryl Wilson tell us about the show’s mission to help litigators develop their careers, win cases, get more clients, and build sustainable practices. Stay tuned for episode one!
Business owner and author, Tom Lenfestey, shares with us his best practices for a law firm succession plan and his top tips for buying and selling law firms. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , and for sponsoring this episode.
Unemployment insurance fraud has been on the rise since the start of the pandemic and it may be showing up on your tax returns! Don’t pay the taxes of a criminal enterprise or let them utilize your personal identification information. Steve Swirsky from Epstein Becker & Green stops by to tell us how to spot this fraud and report it to the proper authorities.
While researching the Manhattan Project, filmmaker Ginny Mohler stumbled on a little-told story of the young watch-dial painters in New Jersey during the Roaring Twenties. Her search for “dial painters” led her to a Wikipedia page on the “,” and a fascination was born. Nine years later, her independent film, “Radium Girls,” debuted at the Tribeca Film Festival, and the documentary is now streaming on Netflix. Hosts Judson Pierce and Alan Pierce interview Mohler about the fascinating genesis of the film, its place in the history of occupational health law, and the complex legal battle waged by the workers. Do the “Radium Girls” succeed in eliminating radium toxins from the workplace? No spoilers here. Special thanks to our sponsor, .
A couple of stories out of Littler Mendelson this week, as one partner disappears from the website after pointing the finger at his client in federal court while the firm itself ducks special bonuses for associates by handing out hats. By contrast, Kirkland went over the top on associate appreciation with free food. Joe and Kathryn unsurprisingly think the latter is a better approach. The team also discusses new anti-riot legislation legalizing running over protesters. Special thanks to our sponsors, , and .
When Ken Hardison evaluates his own success building profitable law firms and books of business, he knows the credit is shared with the people surrounding him. To pull an A-team together, Harison explains he first lets go of his ego and brings in people a lot smarter than him. And he looks for team members who are hungry, humble, and smart. Hardison and host Christopher Anderson discuss managing a talented team, developing a culture of continual training and mentoring, and keeping core values top of mind. Book recommended in episode: “” by Patrick Lencioni Ken Hardison is a business development coach and founder of the Powerful Innovative Legal Marketing and Management Association. Special thanks to our sponsors, , , and .
With the verdict in, what comes next? Professor David Schultz returns to explain the guilty counts, duration of sentences, and possible elements for appeal as well as what might await the other officers involved.
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, .
Legal-adjacent careers are cropping up in a whole slew of surprising new areas, and recent graduates and seasoned lawyers alike are finding themselves drawn to these new professional opportunities. Dennis and Tom talk through some of these careers, from legal operations to technology to e-discovery and more, and give their take on how law degrees and/or legal expertise can be used to pivot into these new roles. Then, in another edition of “Hot or Not?”, they discuss whether speech recognition and dictation tools are worth integrating into your workflows. As always, stay tuned for the parting shots, that one tip, website, or observation you can use the second the podcast ends. Have a technology question for Dennis and Tom? Call their Tech Question Hotline at 720-441-6820 for answers to your most burning tech questions. Special thanks to our sponsors, , , and .
After working as a teacher, then shifting to a career as a paralegal, Amy Johnson made the leap to creating her own business. Marrying her passions for educating and continual learning, she founded The Angle Solutions, a company that gives her a platform for helping others succeed. In her interview with host Jill Francisco, Johnson details her path to entrepreneurship, shares war stories about life as a paralegal, and offers tips and strategies for paralegals looking to improve and advance. She offers practical advice, from the basics of double-checking work to strategies for cultivating curiosity in approaches to tasks and assignments. The two discuss the changing paralegal landscape, alternative career paths, and challenges facing the next generation. Short Bio for Notes: Amy Johnson is the founder of The Angle Solutions LLC. Special thanks to our sponsors, , , and .
As the verdict loomed, Professor Schultz talked with us about tactics deployed by the prosecution and defense. In addition we discussed what influence the death of Daunte Wright might have over jurors as well as why the judge decided to admit certain types of evidence over others. Stay tuned for our predictions on when the jury would return its verdict. {Spoiler... We got it wrong}. Special thanks to our sponsor .
Leading a law firm throughout the pandemic has been no easy task, but the lessons learned have helped many attorneys position their firms for a more tech-focused, efficient approach to business. Jim Calloway and Sharon Nelson talk with Mary Vandenack about how she has managed her law firm through the many changes wrought by the pandemic. She describes their transition to remote work, ways to support team communication and tech needs, and her firm’s focus on redesigning legal services to increase automation and accessibility. Mary E. Vandenack is the founding and managing member of Vandenack Weaver LLC in Omaha, Nebraska. Special thanks to our sponsors, , , and .
Counselor, author, and speaker, Rachel Ann Dine, talks to us about anxiety, high achieving personalities, and how to find a balance with it all. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , , , and for sponsoring this episode.
A Supreme Court expansion proposal is officially out there. It's not going to pass, it's not a particularly good idea, but might proposing it be a smart tactic? Meanwhile, as we get new insights into Biglaw finances from the Am Law 100 release, we got a hefty clue into Covington & Burling's business plan when we learned Eric Holder's hourly rate. Is this too much to bill a client or are people overreacting? Finally, the bonus wars continue, but are counsel and income partners getting left out? Special thanks to our sponsors, , and .
The show must go on! Professor David Schultz joins us for another installment of The State vs. Derek Chauvin. As the verdict loomed, we discussed the cases presented by the prosecution and defense regarding use of force and the medical cause of death. We also talk about the style of the attorneys in the trial. Who was the most affable and who was the most aggressive? Special thanks to our sponsor .
Sen. Mazie Hirono's newly released book, Heart of Fire: An Immigrant Daughter's Story, is part political memoir and part love letter to her family and the state she represents. As Hawaii's first female senator, and the only immigrant currently serving in the U.S. Senate, Hirono had a set of unique obstacles to overcome. One of Hirono's strongest influences is her mother, Laura Hirono, who passed away at 96 shortly before this episode was recorded. After escaping an unhappy marriage in Japan to an abusive man, Laura Hirono brought her two eldest children back to her birthplace of Hawaii when Mazie Hirono was seven years old, with her youngest son and parents joining them later. The economic hardships the Hirono family endured were formative for Hawaii's future Democratic senator. Her campaigns to provide economic support and healthcare for families, as well as her strident opposition to the Trump administration's family separation policy, were bolstered by her personal experiences. Her speech against ending the Affordable Care Act, made mere days after a major surgery to treat kidney cancer, was the first time she spoke publicly about the childhood death of her sister back in Japan–a death that might have been preventable if the family could have afforded medical treatment. In this episode of the Modern Law Library, Hirono talks about how the Trump administration made her decide to use her voice in a different way, and what it's been like to serve in the Senate after the Jan. 6 insurrection. Hirono also discusses her service on the Senate Judiciary Committee, including the tumultuous Supreme Court nomination hearings of Justice Brett Kavanaugh and Justice Amy Coney Barrett. She shares her thoughts on the importance and limitations of civility, and how taking up one of her mother's favorite forms of artwork has helped her as she's survived cancer treatments and governmental upheavals.
In the daily onslaught of news from all corners of the globe, it is sometimes difficult to decipher the implications of current events within our own country. From the pandemic, to cybersecurity, to international relationships, linking current events and national security interests to law helps us understand our country’s responses to the things we see in the media. ABA Law Student Podcast host Meg Steenburgh talks with Professor William Banks of Syracuse University about the most critical national security issues facing our nation both at home and abroad, including China tensions, nuclear weapons concerns worldwide, the Jan. 6 Capitol riots, and more. William C. Banks is a Syracuse University College of Law Board of Advisors Distinguished Professor and Emeritus Professor at the College of Law and the Maxwell School as Professor of Public Administration and International Affairs. Thank you to our sponsor .
Don’t overexert yourself, but maybe start being just a tiny bit more aggressive with your business plan. Jared Correia talks through the current state law firm businesses, highlighting the fact that the hiring pool is bigger than ever, the distributed workforce is on the rise, and that even small steps toward rethinking how you run your firm and look for new talent could yield some very positive results. (1:57) Today’s guest, Ron Godier, continues the hiring conversation with tips and tactics for marketing jobs to the right candidates and appealing to younger generations of lawyers. (7:42) And, finally, in today’s edition of the Rump Roast, Jared’s brother, Patrick Correia, gives us an inside look at just how much of a nightmare it was to have Jared for an older brother. (23:46) Check out Ron Godier’s community for better insights on your next hire. Ron Godier is the principal consultant for law and legal services at Hirewerx and founder of Intalegent, an online community for recruitment leaders. Patrick Correia is, among other things, Jared’s brother. This week, we talked about the present and future of work. So, we've got some songs about work. Work hard, rock hard. https://open.spotify.com/playlist/1yhhLSxFaEClrx5GSEJmaO?si=4696439c633e4ee1 Our theme song is Two Cigarettes by Major Label Interest. The Legal Trends Report Minute song is I See You by Sounds Like Sander. Our closing song is Feel It by Dr. Delight. Special thanks to our sponsors , , and .
David Hudson from the Freedom Forum Institute and a First Amendment expert joins us to talk about a high school student’s mission to protect her right-to-gripe on the weekends. Special thanks to our sponsor . Sources: ABA Journal article by Erwin Chemerinsky ‘’ The Free Speech Center article by David L. Hudson, Jr. ‘’ Make No Law Podcast ‘’
In a Daily Beast article published on April 13, 2021, Julia Davis writes that, “the head of the Kremlin-funded RT and Sputnik news agencies believes Russia will invade Ukraine, sparking a conflict with the U.S. that will force entire cities into blackouts.” Also, according to a White House produced readout of a recent call between Presidents Biden and Putin, the leaders discussed a potential upcoming summit as well as Russia's military buildup and the ongoing tensions centering around Ukraine. Tensions between the United States and Russia are nothing new, but have recently intensified as a result of findings of Russian interference in US elections, the high profile SolarWinds cyberattack, and the Biden administrations implementation of a new round of sanctions. With no indications of relief on the horizon, what should we expect in the future? Will a cyber attack against the U.S be next? Should we be on high alert? Are we already? Or could we see a resolution of some sort between the two leaders? On Lawyer 2 Lawyer, host Craig Williams is joined by Claire Finkelstein, professor of law and philosophy from University of Pennsylvania Carey Law School/Penn Law and General Charles J. Dunlap Jr., former deputy judge advocate general of the United States Air Force, and professor from Duke Law. They discuss national security, potential threat of cyber warfare, U.S./Russia relations before and after interference in our elections, UN involvement, international law, and what kind of cyber protections are needed. Mentioned in this Episode: Daily Beast Article:
In this Part 4, our coverage of the Derek Chauvin trial continues with Professor David Schultz as we discuss timelines, use of force, and what it means if Morris Hall (who was with George Floyd) does not testify at trial. Professor Schultz from the University of Minnesota Law School and Hamline University returns! Special thanks to our sponsor .
In this edition, host Trisha Rich and co-host Bob Glaves are joined by the new Speaker of the Illinois House of Representatives Emanuel "Chris" Welch, who was elected on January 13, 2021, and became the first Black lawmaker to hold the position. He shares the inside story of the whirlwind process of being elected and stepping into the role famously held by Mike Madigan since 1983. He also previews his goals and plans for the State of Illinois, including his efforts to reach across the aisle and restore a greater sense of civility to the political discourse in Illinois. Special thanks to our sponsors, .
The COVID pandemic precipitated a massive shift in digital infrastructure. Annelise Riles, the Executive Director of the Roberta Buffett Institute for Global Studies at Northwestern University, outlines her vision for the United States' role in global engagement, the future of transnational education, and addresses the growing skepticism of the costs of removing the human element.
Guests: Taly Goody is a personal injury lawyer, and Michelle Fonseca-Kamana exclusively practices lemon law. Both immersed themselves in social media, successfully leveraging the platforms as free marketing channels. Topics: Using social media to market a practice Their process for creating videos “The Power of Planning” Why they use YouTube and Facebook and not LinkedIn or Twitter Repurposing their videos for multiple social media platforms What makes a good video? What makes a bad video? Tools mentioned: Ring light for atmosphere Canva Pro for backgrounds and Instagram Reels InShot App to add text Videoleap Editor App to repurpose reels New Insights (brought to you by Nota): Eric Ganci answers Robert Southwell’s last question: “Who are the trial attorneys you thought were most effective? And what made them a particularly good litigator in the courtroom?” Special thanks to our sponsors, , , , and .
Author and speaker, Dr. Stefanie Johnson, shares her best practices to forge strong relationships between leaders and teams, inspire greater productivity, and create a positive environment for everyone. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , , and for sponsoring this episode.
In this part three, our coverage of the Derek Chauvin trial continues. Professor David Schultz from the University of Minnesota Law School and Hamline University returns. We talk about the witnesses, their emotional testimony, and distrust of the police as well as the importance of timing and vantage point for interpreting what was going on during George Floyd’s arrest. Special thanks to our sponsor .
When Yale suspended one of its high profile professors for two years citing a pattern of sexual harassment, one wondered if the penalty went far enough considering former students believed Rubenfeld's wife Amy Chua bore some responsibility for the events and remained on the faculty. Fast forward and now Chua is publicly battling with the administration after students told the school that Chua was breaching the alleged terms of the agreement she reached with them over Rubenfeld's suspension. We also talk about the Supreme Court's full embrace of theocracy in a shadow docket assault on decades of religious freedom jurisprudence and we talk about Jones Day's continuing Supreme Court clerkship hiring dominance. Special thanks to our sponsors, , and .
Autonomous killer robots have certainly grabbed a lot of screen time over the years, but is our world really going to end in an AI-fueled war? Sharon Nelson and John Simek welcome Brigadier General Patrick Huston to discuss his role at the Pentagon and dispel some of the most common myths about AI and its military applications. As a self-described “near pacifist,” General Huston shares his perspective on the military’s commitments to ethical and legal development of AI defenses and emphasizes the importance of creating partnerships between the government and the best and brightest AI experts in private industry. Brigadier General Patrick Huston is the Assistant Judge Advocate General for Military Law and Operations in the Pentagon, where he is keenly focused on privacy and the legal and ethical development of AI, cybersecurity and other emerging technologies. Special thanks to our sponsor .
Joyce Tong Oelrich and Zohra Tejani, the founders of Tong Tejani, which specializes in government contracts and has mainly technology-sector clients, kept initial client feedback about subscription pricing in mind when they formally launched their firm in May 2020. Special thanks to our sponsors, and .
Google takes center stage in news updates as Gyi and Conrad discuss two moves that may diminish opportunities for free lawyer advertising on the platform. Top billing goes to Google’s Local Pack change from a three-pack to a two-pack. The two also shift gears on earlier advice about Google My Business Messaging. Eek. Google is sending messages to your competitors when potential clients use the form. The “Word of the Day” is ‘conversion.’ To lawyers, conversion means a new client. But many marketers use the term to discuss leads. Gyi and Conrad agree to agree and disagree. Lawyers may be swimming in data analytics of their own. In discussing their new segment, “Clio Legal Trends Report Minute,” Gyi and Conrad explain that Clio’s report can help put that data in context with the industry, peers, and competitors. This month’s data points: Percent of lawyers who decided to leave office space for virtual practice in 2020? Percent of clients who prefer video conferencing over a phone call? Finally, Gyi and Conrad debate and justify their Pick Twos. Think the choices are obvious? Not a chance. Fast, cheap, quality? Facebook, LinkedIn, Twitter? Harry Potter, Star Wars, Lord of the Rings? Clubhouse, blog, podcast? Coffee, ice cream, alcohol? First page of Google, a good website, good reviews? Special thanks to our sponsor , , and .
New Hampshire vs. Massachusetts is a monster case about taxes and federalism that could impact employers all over the United States. Who’s going to win and who’s going to lose? Sam Megally from K & L Gates joins us to law-splain. Special thanks to our sponsor . Sources: JD Supra article from K&L Gates by William LeDoux, Sam Megally, Cindy Ohlenforst, and Macie Wagner ‘’ SCOTUS Blog article ‘’ The Volokh Conspiracy article by Ilya Somin ‘’
To continue demystifying the attorney grievance and discipline process, On Balance hosts Molly Ranns and JoAnn Hathaway welcome Mark Armitage of Michigan’s Attorney Discipline Board (ADB). Mark explains how complaints move from the Attorney Grievance Commission to the ADB, outlines the types of cases that often require disciplinary action, and clears up common misconceptions about the relationship between the ADB and the State Bar of Michigan. Mark Armitage is executive director and general counsel at the Michigan Attorney Discipline Board.
The pandemic impacted the practice of law in unpredictable ways, especially for new lawyers. Host Sonia Russo taps into the lessons learned by James Liu, Michelle Garcia, and Shawn Hoover on how to manage their careers and ensure clients have adequate representation during a time of scarce resources and more limited access to justice. Stay tuned for the Financial Wellness Minute when show contributor Mathew Kerbis reveals practical tips for saving money. Special thanks to our sponsor, .
Dealing with a rude, difficult, or offensive person can be a real challenge. But what happens when that person is a client, a co-worker, or even worse, your boss? It might be tempting to simply tell them off or quit but that could derail your career. Host Sonia Russo delves into the workplace experiences of Melissa Lessell, Eric Sternberg, Melanie Senosiain, and Professor Heidi Brown to find constructive ways to handle these tough situations as they come up on the job. Stay tuned for the Financial Wellness Minute when show contributor Mathew Kerbis discusses the long-term benefits of pet insurance. Special thanks to our sponsor, .
Why should clients care about who owns their lawyer’s law firm? Does it matter? Are the clients still being taken care of? We answer these questions and more about the new Alternative Business Structures for law firms taking root around the country. Andy Halaby from Greenberg Traurig joins us. Special thanks to our sponsor . Sources: ABA Journal article by Debra Cassens Weiss ‘’ Martindale article by Andy Halaby ‘’ Press Release ‘’
It’s time for the fourth and final pillar of the Second Brain project – sharing. Dennis and Tom discuss their differing theories on this pillar and explain what “sharing” might look like within their individual projects. Next, in the second installment of their “Hot or Not” segment, they discuss the increase in sales of desktop computers and give their take on this somewhat surprising trend. As always, stay tuned for the parting shots, that one tip, website, or observation you can use the second the podcast ends. Have a technology question for Dennis and Tom? Call their Tech Question Hotline at 720-441-6820 for answers to your most burning tech questions. Special thanks to our sponsors, , , and .
Lawyerist Operations Director, Paige Atkins, shares her best practices for hiring a virtual assistant. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , , , and for sponsoring this episode.
In the second part of this series, we continue our discussion about the Derek Chauvin Trial with Professor David Schultz, talking about the criminal charges and what the prosecution will need to prove to get a conviction. Later on, we discuss jury selection, concerns about security, and a unique Minnesota evidence law that might make the prosecution’s job much more difficult. Special thanks to our sponsor . Sources: CNN article by Amir Vera and Daniel Wolfe ‘’ Minnesota Judicial Branch ‘’ Newsweek article Danya Hajjaji ‘’ Twitter handle @ProfDSchultz Twitter handle @UofMNLawSchool Twitter handle @HamlineU
Not since the NCAA tournament has Georgetown been so hyped and so disappointed. The GULC fell out of the vaunted "T14" in the US News Law School Rankings to be replaced by UCLA. But why do we persist in a "14" ranking? And what else did the new US News formula bring us? Joe and Kathryn also chat about vaccine appointments and the (potentially) coming work from home revolution. Special thanks to our sponsors, , and .
As the founders of a company that provides AI-powered contract analysis software, Kira Systems' Noah Waisberg and Dr. Alexander Hudek are used to facing skepticism, fear and doubt from attorneys. Will AI steal their jobs? Would using it violate ethics rules? How can it be good for a business model that relies on the billable hour to cut down on the amount of time it takes to review a contract? In their new book, AI for Lawyers: How Artificial Intelligence is Adding Value, Amplifying Expertise, and Transforming Careers, Waisberg and Hudek attempt to answer these questions and provide an accessible guide for firms considering how AI might add to their practices. They also pulled in other minds in the legal tech community to speak to the use of AI beyond the kinds of contract review Kira Systems focuses on, such as in litigation analytics, legal research and e-discovery. In this episode of the Modern Law Library, Waisberg and Hudek discuss their experiences as early proponents of artificial intelligence, the unique programming challenges presented by legal language, the still-developing ethical debates and common misconceptions about AI.
Meet the hosts of Young Lawyer Rising, a brand new podcast from the American Bar Association’s Young Lawyers Division. Sonia Russo and Mathew Kerbis tell us about the show’s mission and give us a preview of early episode topics. Stay tuned for episode 1...
Expert Service Provider Dr. Ernest Chiodo discusses the analysis of low-impact automobile accidents and the impact on claims. Special thanks to our sponsor, , Best’s Insurance Professional Resources, including Qualified Member attorneys, adjusters and expert service providers.
From his incredible skill to his entertainingly ruthless trash-talk, Larry Bird was one of the best. Jared shares some of his favorite stories about the Hick from French Lick, and points out that the L.A. Lakers were, and still are, a steaming pile of, well… you know. (1:50) Jared then welcomes guest Shawn Hill to chat about online reviews and their potential to help you grow your business. Shawn shares how effective management and response to reviews builds your reputation and draws in new clients. (8:49) This time on the Rump Roast, Jared asks Shawn about his involvement with the Philadelphia Flyers Mascot, Gritty, and how the initial fan reaction went from loathing to devotion in less than 24 hours! (25:37) Shawn Hill is community marketing director at NiceJob Inc, a review management platform, and is the host of . Our theme song is Two Cigarettes by Major Label Interest. The Legal Trends Report Minute song is I See You by Sounds Like Sander Our closing song is Hey Yo Rocco! by Dresden, The Flamingo. Special thanks to our sponsors , , and .
It’s the biggest criminal trial in a generation and believe it or not we’re still learning a lot about George Floyd and Derek Chauvin. In this series of episodes, we’re going through it point by point to talk about evidence, witnesses, and legal strategies with Professor David Schultz from the University of Minnesota Law School and Hamline University. Discussed in this episode: Updated timeline with new information from police body cams Impact of televising the trial The judge and lawyers involved What family members are allowed to attend Who is paying for Derek Chauvin’s defense
On this episode we discuss when police officers are allowed to enter your home without a warrant and the Supreme Court case (Lange v. California) that could change how all of that works. Professor David Gray from the University of Maryland Francis King Carey School of Law joins us to break it down. Special thanks to our sponsor . Sources: Reuters article by Lawrence Hurley ‘’ SCOTUS Blog article by Amy Howe ‘’ SCOTUS Blog ‘’ Twitter... @crimprofessor
On March 24th, 2021, the 9th US Circuit Court of Appeals reversed an earlier ruling and upheld the effective ban on the open carry of firearms in the state of Hawaii. Coming in the wake of multiple high-profile mass shootings around the country, the case of Young v. Hawaii is likely to be a contentious development in the ongoing gun debate. To briefly recap, back in 2011, George Young, a resident of Hawaii County, unsuccessfully applied for a carry permit twice citing a need for self-defense. Young filed suit, arguing that Hawaii's law was inconsistent with the Second Amendment. On Lawyer 2 Lawyer, host Craig Williams is joined by Eric Ruben, an assistant professor of Law at SMU Dedman School of Law and a Brennan Center fellow to discuss the debate surrounding open carry laws, the history of Young v. Hawaii, this recent federal court ruling, and open carry vs. public safety.
Voting for the State Bar of Texas’ president-elect candidates will take place in the month of April! Podcast host Rocky Dhir welcomes candidates Sara Dysart and Laura Gibson to learn about their backgrounds, discuss a variety of issues from diversity to COVID-19 to access to justice and more, and hear what each hopes to bring to the role of State Bar President. Members can vote either online or by paper ballot from April 1-30. Learn more at: . Sara Dysart is a sole practitioner in San Antonio, Texas and is certified in commercial real estate law by the Texas Board of Legal Specialization. Laura Gibson is currently a partner and head of the Labor & Employment Section at Dentons in Houston, TX.
Legal marketing expert, Delisi Friday, shares her specific do’s and don’ts when it comes to marketing across the legal industry. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , , and for sponsoring this episode.
We all heard about famous actresses making bribes to get their kids into elite colleges but who was the mastermind behind it and how did it all work? Jennifer Levitz, author and national reporter for The Wall Street Journal joins us for a deep dive about ‘Operation Varsity Blues’, the biggest college admissions scandal ever. Special thanks to our sponsor . Sources: Netflix Documentary ‘’ Wikipedia article ‘’
Jumping off a listener question, host Carl Morrison devotes an entire episode to answering common questions he hears about an increasingly hot topic: paralegal certification. Questions tackled: Why get certified? Do certificate paralegals make more money? What’s the difference between a certificate and a certification? Which certification program is best? Is getting a state certification advisable? Will certification help obtain limited licensing? Can CLE courses be applied to multiple certification bodies? What’s the time commitment for certifications? In this episode, find answers to these questions and hear why Carl decided to pursue so many certifications. Special thanks to our sponsors, , , and .
Just like workers’ compensation, states have varying approaches to vocational rehabilitation. Voc rehab expert Rhonda Jellenik and host Judson Pierce discuss how state programs differ and what role counselors like Jellenik play in the legal and job training processes. Whether called on by a plaintiff or defendant, Jellenik helps determine whether the worker has transferable skills and what options for employment are available with and without additional training. And because she works in Massachusetts, she often has the opportunity to work with injured workers in a more comprehensive way from testing, to planning and prepping them for job interviews. Pierce and Jellenik talk about how assessments have changed in the shift from in-person to virtual meetings. And they discuss how an individual’s ability to join a video call is now part of Jellenik’s documentation. Rhonda Jellenik is a nationally certified vocational rehabilitation counselor. Special thanks to our sponsor, .
As special bonus season intensifies, Kathryn muses about compensation leadership and what the value of going big. Joe talks about vaccines and returning to in-person events and we recap the goings on at CUNY and Michigan where the deans faced pressure over past incidents. Special thanks to our sponsors, , and .
In the United States, the right to counsel in civil cases is currently a very complex issue. Some states provide counsel in certain types of civil cases, but not others; while other states may have little or no access to civil counsel in any matters. With this complicated picture in mind, what should be done to attain more equality throughout our nation’s civil courts? ABA Law Student Podcast host Meg Steenburgh talks with John Pollock about the many implications of a lack of legal counsel across a variety of civil matters (with a particular focus on guardianship) and his ongoing efforts to establish the right to counsel for low-income individuals. John Pollock is a staff attorney for the Public Justice Center and has served as the coordinator of the National Coalition for a Civil Right to Counsel since 2009. Thank you to our sponsor .
Laurien Gilbert from Cornerstone Research joins us to discuss price gouging and how things have evolved through COVID and the emergencies beyond. Special thanks to our sponsor . Sources: Previous Episode: ‘’ Cornerstone Research article by Laurien Gilbert ‘’ Proskauer article by Marget A. Dale, Jordan B. Leader, Julia Alonzo, and Jennifer L. Roche ‘’
Heightened data privacy, security, economic, and legal pressures all serve to underscore why a comprehensive and effective contract management program is essential in today’s business environment. Organizations that fail to regularly evaluate and update contract management platforms and processes expose themselves to a host of operational, legal and financial risks. In this episode of The Robert Half Legal Report, host Charles Volkert, senior district president of Robert Half Legal, is joined by Bernie Donachie, managing director of Protiviti’s supply chain solutions practice, and Frank Serge, managing vice president with Robert Half Legal’s consulting solutions practice, to discuss best practices for contract lifecycle management. They explore why legal and contract teams are increasingly adopting a digitized system; and how other tech advancements, including artificial intelligence applications, help to strengthen contract processes and enable more effective analysis, while minimizing compliance, operational and financial risks. They also offer critical strategies and actions that can help reboot contract management platforms to achieve maximum control, benefits and value. Robert Half is not a law firm and does not provide legal representation. Robert Half project attorneys do not constitute a law firm among themselves.
Although the COVID-19 pandemic has caused there to be fewer court filings in some jurisdictions, Howard Bashman’s blog, How Appealing, continues to share multiple posts on a daily basis about appellate law and legal news. Special thanks to our sponsor, .
Dr. Roger Blair and Ms.Tirza Angerhofer from the University of Florida join us to discuss Alaska’s 1 billion dollar lawsuit against the poultry industry as well as others in food production. If you like dinner... you should definitely tune it. Special thanks to our sponsor . Sources: Anchorage Daily News article by James Brooks ‘’ State of Alaska vs. Poultry Industry... University of Cincinnati Law Review article by Roger D. Blair and Tirza J. Angerhofer ‘’ Yahoo article by the Associated Press ‘’
In this new age of all-virtual conferences, there have certainly been a few growing pains throughout the process of moving content online. So, how did TECHSHOW 2021 fare in this new medium? Dennis and Tom share thoughts on their attendee experiences this year, discussing which elements of the conference were highly successful and pointing out a few small quibbles. Later, they introduce a brand-new segment—Hot or Not?—this time, deciding whether online conference breakout rooms are really worthwhile. As always, stay tuned for the parting shots, that one tip, website, or observation you can use the second the podcast ends. Have a technology question for Dennis and Tom? Call their Tech Question Hotline at 720-441-6820 for answers to your most burning tech questions. Special thanks to our sponsors, and .
For the first time ever, Clio has released a special trends report focused specifically on solo law firms! To talk about how this report came about and the helpful data it has to offer solo attorneys, Sharon Nelson and guest host John Simek welcome Clio’s CEO Jack Newton. Jack shares some of the most surprising insights gleaned from their solo survey, discusses pandemic-era changes in the behaviors of solos and their clients, and gives his take on what solo firms might do to become more agile and improve their revenue. Jack Newton is CEO and co-founder of Clio. Special thanks to our sponsors, , , and .
Marketing & Partnerships Director, Laura Briggs, interviews Lawyerist’s Legal Tech Advisor, Zack Glaser, about all things document automation. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , , and for sponsoring this episode.
After Willkie Farr announced another round of seasonal bonuses, Davis Polk went over the top and announced another two rounds of bonuses. The good times keep rolling in Biglaw. Joe and Kathryn also discuss the impending release of the US News and World Report Law School rankings -- could there be a big change this year? And a disturbing study from a few years ago started making the rounds showing the gross sentencing disparity caused by unexpected college football losses. Special thanks to our sponsors, , and .
Los Angeles County District Attorney George Gascon faces more challenges on criminal law reform but this time from his constituents through recall efforts. Joshua Spivak returns to give us the skinny. Special thanks to our sponsor . Sources: Previous Episodes: ! ABA News article ‘’ ABC article by Leanne Suter ‘’ Ballot Pedia post ‘’ City Journal article from Manhattan Institute for Policy Research by Rafael Mangual ‘’ Los Angeles County Registrar-Recorder/County Clerk publication ‘’ NBC News article by Dennis Romero ‘’ NOQ article ‘’ Recall George Gascon
Jill Wine-Banks was barely 30 when she became an assistant Watergate special prosecutor investigating President Richard M. Nixon. In Watergate Girl: My Fight for Truth and Justice Against a Criminal President, Wine-Banks (who was then known as Jill Wine Volner) shares her experience battling political obstruction, courtroom legal wrangling and the era's sexism. Though she'd originally attended law school with the thought it would help her become a hard-news journalist, she found herself instead under the microscope of a ravenous press that dubbed her "the mini-skirted lawyer." Her memoir, which has been optioned by actress Katie Holmes' production company to be made into a feature film, concentrates on her time in the Watergate special prosecution. She candidly shares not only the work the team was doing behind the scenes but also the difficult time she was having with her marriage and personal life. In this episode of the Modern Law Library, Wine-Banks and the ABA Journal's Lee Rawles discuss her winding career path, which also led her to becoming the first female general counsel of the U.S. Army and the first woman to be hired as the executive director and COO of the American Bar Association.
So much of legal marketing over the past decade has emphasized generating client leads. And, for the most part, those focused on lead generation are seeing those leads come in. But are those leads turning into appointments and paying clients? Kara Prior, the co-founder of James Publishing’s Marketing Amplifier program, says there’s a gap between generating leads and signing a client. Prior tells host Christopher Anderson how lawyers take simple steps to close this gap, using client-centered marketing techniques now standard in other industries. She shares tips on creating “lead magnets,” video messaging, mystery shopping the front-desk team. Kara Prior is president of James Publishing and its Marketing Amplifier program. Special thanks to our sponsors, , , and .
Lawyers have a lot of annoying habits, but Jared’s figured out the worst—referring to their fellow humans as “nonlawyers.” Not only is it demeaning to, well, everyone, but it can also be the source of an unhealthy culture between lawyers and their legal staff. Be honest now . . . have you fallen into this pattern? Don’t worry! Jared has some great tips for how not to be an ass and, instead, promote office unity! (2:05) Next up, Jared chats with Toya Gavin of about her journey from lawyer to consultant and how she helps struggling lawyers reassess their careers and find true fulfillment. (6:56) And, finally, Jared puts a spin on the quiz from Toya’s own site for this edition of the Rump Roast! (24:09) Toya Gavin, Esq. is an attorney, legal consultant and founder of Legally Bold, an online coaching and consulting agency where she liberates lawyers from unfulfilling work so that they can claim the lives and careers they really want. Our opening theme is Two Cigarettes by Major Label Interest. Our closing song is Questionable by Ryan Saranich. Special thanks to our sponsors , , and .
Joshua Spivak, Senior Fellow at the Hugh L. Carey Institute, walks us through California’s attempt to recall its 40th Governor, a journey of signatures, extensions, certifications, and possible elections. Special thanks to our sponsor . Sources: KCRA (NBC) article by Brandi Cummings ‘’ by Joshua Spivak
In this part 2, we continue our conversation with Walter Olson from the CATO about the history, legality, and policy considerations of raising the minimum wage. What are the long-term implications? Tune in and find out! Special thanks to our sponsor . Sources: Hunton Andrews Kurth article by Jessica N. Vara ‘’ Kiplinger article by Rocky Mengle ‘’ U.S. Department of Labor Website: Wikipedia article ‘’
More than two months after the event, federal prosecutors continue to file charges against individuals involved in the January 6th U.S Capital riot. In his confirmation hearings, now confirmed U.S. Attorney General Merrick Garland stated that charging those involved in the Capitol Riot would be his #1 priority. “We begin with the people on the ground and we work our way up to those who were involved and further involved.” Currently, there are over 300 individuals charged from more than 40 states. At least 149 of those individuals have been freed pending trial after posting bail or agreeing to supervised release. On Lawyer 2 Lawyer, host Craig Williams is joined by former U.S. Attorney, professor at the University of Alabama School of Law, and co-host of the new podcast #SistersInLaw, Joyce White Vance. Craig and Joyce discuss charging the Capitol rioters, and look ahead to how the recent confirmation of Merrick Garland will impact the Justice Department, the cases against those involved in the Capitol riot, and who Attorney General Garland means by those “further involved”.
In 1968, anti-war and anti-establishment groups converged in the City of Chicago to protest U.S. participation in the Vietnam War at the Democratic National Convention. The protests eventually turned violent as Chicago police clashed with protestors in the streets, creating some of the most indelible images of the era. The political activists, who infamously became known as “The Chicago 7,” were arrested and later tried in U.S. District Court for the Northern District of Illinois on charges of criminal conspiracy and incitement to riot. In this 3-part series, CBA’s @theBar shares insights into The Trial of the Chicago 7 through rare interviews with the Assistant U.S. Attorney who prosecuted the case and the last living member of The Chicago 7. Part 3 of @theBar’s three-part series on The Trial of the Chicago 7. In this episode, host Jonathan Amarilio and co-host Jennifer Byrne continue the conversation about the landmark trial with John Froines, the last living member of the Chicago 7.
In 1968, anti-war and anti-establishment groups converged in the City of Chicago to protest U.S. participation in the Vietnam War at the Democratic National Convention. The protests eventually turned violent as Chicago police clashed with protestors in the streets, creating some of the most indelible images of the era. The political activists, who infamously became known as “The Chicago 7,” were arrested and later tried in U.S. District Court for the Northern District of Illinois on charges of criminal conspiracy and incitement to riot. In this 3-part series, CBA’s @theBar shares insights into The Trial of the Chicago 7 through rare interviews with the Assistant U.S. Attorney who prosecuted the case and the last living member of The Chicago 7. Part 1 of @theBar’s three-part series on The Trial of the Chicago 7. In this episode, host Jonathan Amarilio discusses the landmark trial with Dick Schultz who represented the United States Government in the prosecution of the Chicago 7. Special thanks to our sponsors, .
In 1968, anti-war and anti-establishment groups converged in the City of Chicago to protest U.S. participation in the Vietnam War at the Democratic National Convention. The protests eventually turned violent as Chicago police clashed with protestors in the streets, creating some of the most indelible images of the era. The political activists, who infamously became known as “The Chicago 7,” were arrested and later tried in U.S. District Court for the Northern District of Illinois on charges of criminal conspiracy and incitement to riot. In this 3-part series, CBA’s @theBar shares insights into The Trial of the Chicago 7 through rare interviews with the Assistant U.S. Attorney who prosecuted the case and the last living member of The Chicago 7. Part 2 of @theBar’s three-part series on The Trial of the Chicago 7. In this episode, host Jonathan Amarilio continues his conversation about the landmark trial with Dick Schultz who represented the United States Government in the prosecution of the Chicago 7. Special thanks to our sponsors, .
Robust and proactive cybersecurity is more critical than ever in our world, and today’s government leaders must have effective plans for protecting against cyber attack. So, how is President Biden doing so far? Digital Detectives Sharon Nelson and John Simek welcome Stewart Baker to discuss the president’s progress on current cybersecurity issues. Drawing from his many years of experience in government, law, and cybersecurity, Stewart outlines some of the existing problems and potential threats our nation is facing and critiques the president’s approach to these complex matters. Stewart Baker practices law at Steptoe & Johnson in Washington, DC, and served as the first assistant secretary for policy at the Department of Homeland Security from 2005 to 2009. Special thanks to our sponsor .
Lawyerist Lab coach Stephanie Everett interviews Lab member Aaron Thomas about their lab journey and what they’re currently dealing with in their small firm. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , , , and for sponsoring this episode.
Is increasing the Minimum Wage a good idea? Walter Olson from the CATO Institute joins us to discuss the history, legal mechanics, and policy considerations of raising the minimum wage and its potential long-term impact on the economy. Special thanks to our sponsor . Sources: Hunton Andrews Kurth article by Jessica N. Vara ‘’ Kiplinger article by Rocky Mengle ‘’ U.S. Department of Labor Website: Wikipedia article ‘’
Kathryn is not pleased with the mainstream press continuing to cite Judge Kozinski as an ethics authority. Joe and Kathryn talk Zoom netiquette and the recent controversy at Georgetown Law where professors were captured on video making disparaging remarks about Black students. It's yet another incident driving home the racism -- conscious and unconscious -- within the law school system. Special thanks to our sponsors, , and .
When the spread of the novel coronavirus last spring prompted traditional law firms across the country to shutter their physical offices amid much economic uncertainty, the management team at cloud-based law firm FisherBroyles had very different concerns on its radar. The team wanted to make sure that the firm was ready to quickly ramp up hiring. Kevin E. Broyles, the firm’s co-founder and managing partner, says expanding was top of mind. Special thanks to our sponsors, and .
Nearly 35 years after Meritor Savings Bank v. Vinson made sexual harassment unlawful, the EEOC reports that 85% of women have experienced sexual harassment at some point in their career. Tina Tchen, former chief of staff to Michelle Obama and president and CEO of Time’s Up Now and the Time’s Up Foundation, discusses how the law can actually impede progress in critical areas of workplace discrimination, and how businesses and government can more effectively move the needle.
With host Laurence Colletti keeping time, the incoming chairs of ABA Techshow 2022 share seven of their favorite tech tips and tools to stay on top of busy law practices. Ivan Hemmans and Brooke Moore take turns with their tips, which cover everything from computer accessories and apps to client portals and an AI-driven workflow automation tool. The seven tips in this episode are in addition to the 60 tips shared in the final ABA Techshow 2021 program, “60 in 60.” Brooke Moore is the founder of the virtual law firm MyVirtual.Lawyer. Ivan Hemmans is a senior manager of technical development at O’Melveny & Myers. They are the incoming co-chairs of ABA Techshow 2022. Special thanks to for sponsoring this episode.
The Supreme Court ducked-out on hearing two Pennsylvania election law cases. One involved the Democrat Party and the other involved the Republicans. Tune in to hear about the Constitutional issues still at play which may rear their ugly head in the next election. Professor Josh Blackman from the South Texas College of Law explains the legal challenges and policy concerns from not addressing underlying election problems in our self-governing republic. Special thanks to our sponsor . Sources: Past Episodes: ‘’ ‘’ ‘!’ ‘’ ‘’ ‘’ ‘’ ‘’ The for the Joined Cases ‘Republican Party of Pennsylvania v. Degraffenreid’ and ‘Jake Corman v. Pennsylvania Democratic Party’ The Heritage Foundation article ‘’ Interactive Constitution ‘’ Interactive Constitution ‘’ SCOTUS Blog article ‘’ The Volokh Conspiracy by Josh Blackman ‘’
The emergency that created a largely remote workforce is subsiding. Does that mean we can expect in-office work to resume to pre-pandemic levels? That’s certainly an option, though Laura Keeler doesn’t think it’s a good one. Instead, she tells host Carl Morrison that firms would do better to appreciate what they’ve learned about productivity and flexibility. Recognizing that individuals are most productive at varying times (think morning person or night owl), Keeler says managers should consider whether they can offer flexibility in the form of occasional or hybrid remote/in-person work arrangements. This episode follows the ABA Techshow program, “Reconfiguring Offices and Best Practices for 2021 and Beyond.” Laura Keeler is a practice management advisor at Mass LOMAP. Special thanks to for sponsoring this episode.
ABA TECHSHOW has been bringing the latest technology innovations to the legal community for many years, but 2021’s all-virtual conference was a new challenge for its leaders. Laurence Colletti talks with co-chairs Allan Mackenzie and Roberta Tepper about how they developed and presented TECHSHOW’s many offerings for this year’s attendees. Allan Mackenzie is a veteran of the legal technology world and co-chair of ABA TECHSHOW 2021. Roberta Tepper is the lawyer assistance programs director at the State Bar of Arizona and co-chair of ABA TECHSHOW 2021. Special thanks to for sponsoring this episode.
Though many people think of AI as some sort of esoteric “easy button”, AI isn’t magic. It is, rather, smart people training machines to help them find meaningful answers to their questions. Laurence Colletti talks with Damien Riehl about his ABA TECHSHOW session on AI and automation. They discuss how lawyers can use AI to maintain and explore their data and then make purposeful interpretations. These valuable insights, in turn, help them make better decisions in their legal practice. Damien Riehl is the managing director of the Fastcase Legal Research Platform. Special thanks to for sponsoring this episode.
Clio’s COO George Psiharis says lawyers are more effective when they shift the way they think about business development and marketing and take a client-centered approach. Psiharis shares client-centered strategies with host Michael Semanchik. Confused about where to start? Psiharis says there’s no better place than the clients a lawyer has or wishes they had. Creating ideal client profiles and collecting feedback about current client service is a solid first step. This episode follows the ABA Techshow program “Creating Client-Centered Marketing.” Clio COO George Psiharis specializes in customer development and data operations. Special thanks to for sponsoring this episode.
Like the rest of ABA Techshow, the 5th annual Startup Alley Pitch Competition made the shift to a virtual setting. Like in the past, the chosen 15 finalists had a chance to present to a live audience. Only this time, they needed to prep videos to make their pitches. Competition organizer, judge, and emcee Bob Ambrogi talks to host Jared Correia about this year’s startup alley and its role as a springboard for many emerging companies in the legal tech space. They also discuss this year’s winner, Freelance for Law, and the role of this and other similar companies in today’s legal marketplace. Short Bio for Notes: Bob Ambrogi is a lawyer and legal journalist who publishes LawSites, writes at Above the Law, and hosts the LawNext podcast. Special thanks to for sponsoring this episode.
The shift to remote work is permanently affecting the way we do business, and having a secure place for meetings, documents, email, and collaboration is important for lawyers’ day-to-day workflows. Microsoft Teams encompasses all of that, and more! Host Laurence Colletti talks with Josh Leporati and Ben Schorr about their TECHSHOW 2021 session aimed at helping lawyers grasp the rich collaboration possibilities available through their software. Josh Leporati works as a Senior Program Manager within the Customer Advocacy Group of Microsoft Teams Engineering. Ben Schorr is a Senior Content Developer at Microsoft. Special thanks to for sponsoring this episode.
APIs (application programming interfaces) have already changed the world, but lawyers could be using them so much more. Dennis and Tom offer a variety of examples of how APIs improve our daily lives and discuss existing and potential uses in the legal field that promote better lawyering and more access to justice. In their second segment, Dennis and Tom geek out over the idea of mediated reality, which is considered an umbrella for many other prevalent reality concepts. As always, stay tuned for the parting shots, that one tip, website, or observation you can use the second the podcast ends. Have a technology question for Dennis and Tom? Call their Tech Question Hotline at 720-441-6820 for answers to your most burning tech questions. Special thanks to our sponsors, and .
Is the President allowed to freeze deportations contrary to current immigration laws? That’s what the ‘State of Texas vs. The United States’ case might determine. Professor David Rubenstein of the Washburn University School of Law joins the show to explain it all. Special thanks to our sponsor . Sources: from Six Attorneys Generals Cornell Law School Legal Information Institute ‘’ Epoch Times article by Ivan Pentchoukov ‘’ Epoch Times article by Zachary Stieber ‘’ Epoch Times article by Janita Kan ‘’ Fox News article by Adam Shaw ‘’ LawFare article by David Rubenstein ‘’
Because artificial intelligence is continuously evolving, so should the teams tasked with overseeing and leveraging its use. Gen. Patrick Huston and Gunderson Dettmer Partner Natalie Pierce share similar approaches to building teams that monitor and leverage AI. Both follow BigTech’s model, which creates multidisciplinary teams across organizations. No matter the organization, Pierce says lawyers need to be involved early on in the team-building process to assess legal issues and risk. Gen. Huston details his “human-machine teaming” approach and notes the two things lawyers need to know about AI. And while both agree that the multidisciplinary AI teams need to evolve with the technology, they are at odds with the optimistic/pessimistic view of AI. Listen to find out which guest thinks more like the AI optimist Bill Gates or more like the AI wary Elon Musk. The episode follows the ABA Techshow 2021 panel, “Ethical AI: Playbook for a Rapidly Changing World.” From his post at the Pentagon, Gen. Patrick Huston focuses on the legal and ethical development and use of artificial intelligence, autonomous weapons and cybersecurity. As a Gunderson Dettmer partner, Natalie Pierce counsels companies on workplace issues related to robotics, biometrics, telepresence, and artificial intelligence. Special thanks to for sponsoring this episode.
Atlanta DUI lawyer Erin Gerstenzang highlights ABA Techshow’s Disruptive Innovation track. From Stanley Tate, who built a thriving practice using Airtable, Zapier and other tools, to the founding CEOs of Fastcase and Clio, the track took a deep dive into the technology, work involved and trends lawyers can study to uncover niche practice areas to build. Gerstenzang’s part involved using different lenses to uncover these untapped markets. She points to innovative lawyers who, like Tate, discovered a need and then learned how to serve that market successfully. The need is plentiful. But Gerstenzang warned listeners not to sit by. While there are abundant opportunities to build a niche, competition is fierce. This episode follows the ABA Techshow program, “Discover New Practice Areas That Can Scale: The Work.” Erin Gerstenzang is a criminal defense attorney in Atlanta, Georgia. Special thanks to for sponsoring this episode.
As a legal pro deciding what technology to buy, it’s easy to be intimidated by that presenter. You know the one. She’s the lawyer using all the shiny new tech tools to generate client leads and build business. But Clio CEO Jack Newton and Fastcase CEO Ed Walters tell host Conrad Saam that lawyers don’t need to be tech whizzes to lead change. Taking incremental steps by listening to clients and understanding how to serve them better can often answer what technology to try first. Those small steps eventually lead to vast improvements in client service and business growth. The three share practical tips, including getting a handle on Net Promoter Scores. This episode follows the ABA Techshow program “Innovating Toward a Better Normal.” Ed Walters is the CEO of Fastcase and teaches the law of autonomous vehicles at Cornell and Georgetown. Jack Newton is the CEO of Clio and author of “The Client-Centered Law Firm.” Special thanks to for sponsoring this episode.
Guest: Sarah de Diego, the founder of De Diego Law, built such a strong client base that it made location irrelevant for her practice. Topics: Building a virtual practice Tax advantages of moving to Puerto Rico How to communicate with partners and staff Favorite tech tools No website? No problem New Insights (brought to you by Nota): Eric Ganci answers Robert Southwell’s third question. RS: “What are some suggestions you have as far as learning a little bit and educating yourself on the voir dire process for young attorneys?” Special thanks to our sponsors, , , , and .
Author and CEO of Hint Water, Kara Goldin, shares her story and what it means to be undaunted throughout your career. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , , , and for sponsoring this episode.
Audrey Anderson from Bass Berry & Sims joins the show to talk about whether or not colleges will be able to continue using race as a factor for admissions. Tune in and find out. Special thanks to our sponsor . Sources: SCOTUS Blog by Andrew Hamm ‘’ SCOTUS Blog ‘’ SFFA v. Harvard
Quick, what was the phone number for Cellino & Barnes? A lot of you probably got that right immediately. But the firm split up a few years ago and the two entities it spawned have dueling jingles now. Which came out on top? Joe and Kathryn also discuss Davis Polk's extra bonus program and what it means for Biglaw and attorney wellness generally. Also, Texas AG Ken Paxton may want to take a break from social media for awhile and attorneys still need to hit mute on Zoom more often. Special thanks to our sponsors, , and .
When Davis M. Walsh and Samuel L. Tarry began assembling , they had no idea that soon a pandemic was going to make the topic more relevant than ever. In this episode of the Modern Law Library, Walsh and Tarry talk about the experience of editing the book, the unique challenges of litigating infectious disease cases, their advice for attorneys looking to get into the expanding field, and how COVID-19 might have changed juries' points of view in such cases.
Could a video game starring a humanoid burlap sack possibly be worth your time? This one might be up for debate, but Jared Correia says—yes! If pandemic isolation has got you down, family-friendly might be just what you need to liven things up. (2:05) In today’s interview segment, Jared welcomes Nicole Clark to take a look at recent trends in legal research and new ways AI is helping lawyers gain insightful access to state court records. (9:05) And, finally—the Rump Roast! Jared and Nicole play “Three Questions”, a hilarious matching game featuring unusual question/answer trios. (25:39) Nicole Clark is the co-founder and CEO at . Since Nicole and Jared talked about odd couples, here are some great musical couplings, both odd and even! Our opening theme is Two Cigarettes by Major Label Interest. Our closing song is Don’t Go ‘Way Nobody by George Lewis and His New Orleans Stompers. Special thanks to our sponsors , , and .
Attorney Michael Troisi from the law firm Rivkin Radler LLP discusses the most recent impact of COVID-19 on business interruption claims and how courts are interpreting the Virus exclusion. Special thanks to our sponsor, , Best’s Insurance Professional Resources, including Qualified Member attorneys, adjusters and expert service providers.
In this Part 2, we continue our conversation with Marshall Fawley from Lehrman Beverage Law about making booze the legal way. Tune in to keep the lawman at bay. Special thanks to our sponsor . Sources: Alcohol and Tobacco Tax and Trade Bureau website post about ‘’ American Bar Association Law Practice Today article by Elizabeth J. Palmer ‘’ NPR article by Alastair Bland ‘’
When a complaint is filed against an attorney, what happens next? Will you be investigated? Do you need to lawyer up? On Balance hosts Molly Ranns and Joann Hathaway welcome Michael Goetz, Grievance Administrator for the Michigan Attorney Grievance Commission, to help demystify attorney discipline processes in the state. Michael explains the steps involved after a complaint is received, highlighting the fact that most complaints are resolved without disciplinary action and detailing how the commission proceeds when investigation and discipline are necessary. Michael Goetz is Grievance Administrator for the Michigan Attorney Grievance Commission.
Gyi and Conrad kick off the episode with the latest news, homing in on Bob Ambrogi’s , with data showing how small firms using tech fared better during the pandemic. And they rant about the 8-steps-to-great-abs trend hitting legal marketing. Dubbed as fear-of-missing-out (FOMO) marketing, Conrad and Gyi explain how not to fall for get-rich-quick schemes and impulse moves. Instead, they advise focusing on approaches and best practices that stand the test of time. Where might one learn more about best practices and the latest trends? Gyi, as it happens, is chair of the s 2021 marketing track. He pulled clips from five of the presenters, who shared highlights and key Techshow takeaways: takes on navigating and building business relationships in Clubhouse. explores the bad and ugly of lawyer websites to explain how to attract clients. debunks rankings myths and reveals online ad performance and the impact of Google’s newish local service ads. covers key performance indicators for client-centered marketing. outlines how to create a marketing blueprint. Conrad and Gyi also lead programs, sharing how marketing agencies lie to their clients (Conrad) and the latest on client relationship management platforms and the hottest new marketing tools available (Gyi). Join the conversation on Twitter with and using the hashtag #LHLM Special thanks to our sponsor , , and .
In this two-part series, we talk about the legalities of making alcohol at home. Depending on whether it’s beer, wine, or liquor, the law has vastly different things to say about it. Marshall Fawley from Lehrman Beverage Law stops by to pour some knowledge on us. Special thanks to our sponsor . Sources: Alcohol and Tobacco Tax and Trade Bureau website post about ‘’ American Bar Association Law Practice Today article by Elizabeth J. Palmer ‘’ NPR article by Alastair Bland ‘’
In February, two severe winter storms swept across the United States, ultimately hitting the state of Texas hard. These storms caused major power outages, water and food shortages, and dangerous weather conditions, leaving Texans across the state struggling to survive. So who is liable? And was this preventable? On Lawyer 2 Lawyer, host Craig Williams is joined by professor Heather Payne from Seton Hall University School of Law, to discuss litigation and liability stemming from Texas’ recent weather crisis.
Author and speaker Josh Linkner shares his best practices for unlocking creativity in your work. Interested in Josh’s new book? Use this and type in code ‘lawyerist’ to get free stuff! If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Thanks to , , , , and for sponsoring this episode.
Under President Biden’s recent executive orders, OSHA is issuing new COVID-19 guidelines and recommendations, including continued masks and social distancing even after everyone is vaccinated. Tune in to hear about the impact on your workplace. Karen Tynan from Ogletree Deakins walks us through it. Special thanks to our sponsor . Sources: OSHA’s Vedder Price article by Elizabeth Hall, Kenneth Sparks, and Kathryn Rosenbaum ‘’
We always try to come up with a theme for these shows after the fact and this is clearly the "no, you can't do that" episode. Paul Davis is back and trying to convince the courts to overthrow the government again. Twitter is banning fan accounts for no reason and getting fun letters in response. And the South Dakota Attorney General is ducking behind the law to protect his political career. Special thanks to our sponsors, , , and .
If you protest for your rights or a cause you believe in, can you get fired for your involvement even if you didn’t do anything wrong? Dan Eaton from Seltzer, Caplan, McMahon, Vitek and writer for the San Diego Union Tribune walks us through a controversial case. Special thanks to our sponsor .
Teamster turned national workers’ comp expert Michael Duff explains the presumption landscape that’s rapidly developed over the last year during the pandemic. He and hosts Alan and Judson Pierce discuss presumptions by statute, executive order, and administrative enactment. Given the state of emergency, big questions emerging involve executive authority limits and what presumption for workers comp cases will look like as the emergency subsides. For his part, Duff doesn’t believe the end is anywhere near, expecting the nation is only at the midway point in dealing with the pandemic. Michael C. Duff teaches labor law, workers’ comp, torts and evidence at the University of Wyoming College of Law. Special thanks to our sponsor, .
Florida plans to prevent censorship, political favoritism, and mishandling of personal data on social media platforms... but is it Constitutional? Professor Clay Calvert from the University of Florida explains. Special thanks to our sponsor . Source: Click Orlando.com article by Thomas Mates ‘’ Tampa Bay Times article by Mary Ellen Klas ‘’
Dennis and Tom return to their ongoing personal knowledge management project: the Second Brain. In previous episodes, they discussed the ‘capture’ and ‘organization’ elements of the project, and are now ready to move on to the third pillar—action! They talk through how they hope to put their second brains to use, the challenges they still expect to have to overcome, and how automation will play a key role in making their stored data accessible when needed. In their second segment, they look at trending mice, trackpads, pens and other input devices, including a few of their personal favorites. As always, stay tuned for the parting shots, that one tip, website, or observation you can use the second the podcast ends. Have a technology question for Dennis and Tom? Call their Tech Question Hotline at 720-441-6820 for answers to your most burning tech questions. Special thanks to our sponsors, and .
At the start of the pandemic, Colorado lawyer Zach Neumann posted on social media that he would gladly assist those facing evictions, but quickly saw that the need was far too great for him to handle alone. To address this pressing problem, he founded the in Colorado. ABA Law Student Podcast host Meg Steenburgh talks with Zach about how the Project does its work and how law students anywhere in the country can get involved and help with housing and eviction crises in their own communities. Zach Neumann is a lawyer whose practice focuses on landlord-tenant, debt collection, and wage dispute cases and is the founder of the COVID-19 Eviction Defense Project in Colorado. Thank you to our sponsor .
When Peggy Gruenke’s business CPN Legal takes on projects with lawyers to implement new accounting technology and processes, she often finds a mess to clean first. Many firms don’t have adequate finance and accounting habits or make the mistake of hiring bookkeepers without experience working with law firms. Those mistakes, if not cleared up, can put law licenses in jeopardy. Host Adriana Linares has Gruenke walk through best practices in setting up a business, from getting an EIN to deciding whether to incorporate as an LLC or a partnership. These steps help in determining the types of law practice management and accounting systems to choose. The two also discuss the negatives and positives of various practice management and accounting tools on the market. And in this episode’s New Insights segment, brought to you by , returns to answer ’s second question - what are the must-have trial prep reference materials new attorneys should be keeping close at hand? Previous episode referenced: Peggy Gruenke is co-founder of CPN Legal in Cincinnati. Special thanks to our sponsors, , , , and .
Making smart choices online can help lawyers gain exposure and relationships that connect them with new clients. How? Sharon Nelson and Jim Calloway welcome legal marketer Gyi Tsakalakis to discuss his top tips for effective, no-cost online client development. While money certainly can (and sometimes should!) be spent on marketing, Gyi stresses that some of the best ways to gain clients won’t cost you anything but time. Gyi Tsakalakis is a former lawyer and the founder of AttorneySync, an online legal marketing agency that helps lawyers be where their clients are looking. Special thanks to our sponsors, , , and .
Author and organizational psychologist David Burkus shares his tips on what it means to lead remotely. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, ! Looking to learn more on how to lead remote teams effectively? Learn more . Thanks to Lawyaw, , , , and for sponsoring this episode.
It seems like only yesterday that we started this humble podcast. For our 200th episode we've got former co-host Elie Mystal back to bring the whole crew from the whole history of the show together for a wide-ranging discussion about law school debt and an AccessLex study about the notable difference in the debt loads of Black, Hispanic, Asian and Multiracial law school graduates, the changes to the industry over the course of the show, and an exciting update on what Elie's been up to. Come for the content, stay for the sound effects! Special thanks to our sponsors, , , and .
Remember that gigantic dumpster fire with Gamestop? Now that some of the dust has settled and lawsuits filed, who is going to pay for that massive loss of money? Peter Hutcheon from Norris McLaughlin gives us the skinny. Special thanks to our sponsor . Sources: Norris McLaughlin website article by Peter Hutcheon ‘’ Norris McLaughlin website article by Peter Hutcheon ‘’
Business development expert Steve Fretzin takes a practical approach to helping lawyers find and grow business. He and host Christopher Anderson discuss Fretzin’s three-part plan for those looking to bring in business. They also discuss how business development, sales, and marketing interconnect. Anderson notes that business development isn’t just the realm of law firm owners. He and Fretzin discuss the lateral hiring market and how building a book of business can and should start early, even as a new lawyer is learning the ropes of practice. Fretzin breaks down a business plan into three parts: covering goals, strategies, and tactics that help lawyers understand what they need to do every day. Steve Fretzin is an expert in business development for lawyers and is president of Fretzin Inc. Special thanks to our sponsors, , , and .