You searched for aba journal - Legal Talk Network https://legaltalknetwork.com/ Wed, 06 Aug 2025 00:42:47 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.2 James Patterson dishes on his new legal thriller, ‘The #1 Lawyer’ | Rebroadcast https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2025/08/james-patterson-dishes-on-his-new-legal-thriller-the-1-lawyer-rebroadcast/ Wed, 06 Aug 2025 11:00:16 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=39573 With a new legal thriller on the horizon, we’re revisiting James Patterson’s 2024 interview about #1 Lawyer. The bestselling author shares how he builds courtroom suspense and what makes a legal story truly gripping.

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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.

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3 trial court judges share the tough cases that stuck with them | Rebroadcast https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2025/07/3-trial-court-judges-share-the-tough-cases-that-stuck-with-them-rebroadcast/ Wed, 30 Jul 2025 11:00:30 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=39531 This month, we’re revisiting some standout conversations from our archives. In this episode, three seasoned trial court judges reflect on the cases that have stayed with them throughout their years on the bench.

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All judges have cases that stick with them and linger in their memories. Sometimes it was because of the high profile of the case, and sometimes an obscure case had personal resonance because of the people or issues involved. In this episode of the Modern Law Library, the ABA Journal’s Lee Rawles speaks with Judges Russell F. Canan, Gregory E. Mize and Frederick H. Weisberg, who all sit on the Superior Court of the District of Columbia. The three judges were contributors to and the editors of “Tough Cases: Judges Tell the Stories of Some of the Hardest Decisions They’ve Ever Made.” Canan, Mize and Weisberg share their own stories, including why Canan’s well-meant gesture to avert an injustice in a gun case still troubles him. Mize explains why a child-custody case haunted him for decades, and what happened when he tracked down the now-grown child as he was deciding whether to write about it for “Tough Cases.” Weisberg talks about dealing with the emotional fallout from overseeing a case where a mother had murdered her four children.

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Try estate law for a practice with work-life balance, says ‘Lifestyle Lawyer Revolution’ author https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2025/07/try-estate-law-for-a-practice-with-work-life-balance-says-lifestyle-lawyer-revolution-author/ Wed, 09 Jul 2025 11:00:13 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=39439 Laura Cowan started her career in finance, earning a CPA and working at Ernst & Young and Goldman Sachs. When she decided to go to law school at 35, she knew that she wanted to launch a boutique firm with a practice area that complemented that financial background. Estate law seemed a good fit—but fate threw her a curve ball just as she launched her firm.
“I had to turn my entire practice virtual overnight in 2020 in New York City because of COVID,” Cowan tells the ABA Journal’s Lee Rawles in this episode of the Modern Law Library. “I moved to Rhode Island to shelter in place with my dad. During that couple of months that I was sheltering in place, I still had to get my law firm running. I had a business to run and bills to pay. So I made everything virtual, and I really streamlined everything. And what I found was that I could make pretty easily $10,000 a month, working just a couple of hours a day.”
She has now leveraged the experience of launching an all-virtual estate-planning practice into a coaching program, 2-Hour Lifestyle Lawyer, to help other lawyers launch similar practices. Her new book, Lifestyle Lawyer Revolution: Live a Life You Love (Without Leaving the Law), is full of tips and advice for building a personalized practice to provide work-life balance for attorneys.
“Now, what we found is that there’s a lot of lawyers who are happy working a lot more than that and are happy earning a lot more, but the name of the business really comes from just this idea that you can still be a really great attorney without working 10 hours a day, and you can make a nice living without working 10 hours a day,” says Cowan.
A key part of not working too many hours is to hire appropriate assistance, even as a solo just starting out, says Cowan.
“What I see a lot of is lawyers that spend too much time in the weeds of executing and doing all these different things that an admin could be doing, and not spending enough time doing what the lawyer should be focusing on,” says Cowan. “So they’re both working too much and not making enough money, which is the worst possible combination.”
Cowan encourages estate attorneys to hold community workshops to help people understand the importance of wills and trusts. She says it’s an excellent way to establish connections that can lead to further business.
“The real reason that people hire us is because of the connection,” Cowan tells Rawles. “And I firmly believe this. People don’t hire you because you’re the best drafter in the world. They hire you because of the way that you make them feel. So use AI and technology behind the scenes to help you get your work done and deliver a really great client experience, but never forget that it’s going to be that that makes them hire you.”
In this episode, Cowan also discusses the benefits of value-based pricing versus the billable hour; attracting the client base you want to target; and how to deal with your biggest frenemy: technology.
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Natalie Anne Knowlton https://legaltalknetwork.com/guests/natalie-anne-knowlton-2/ Tue, 24 Jun 2025 14:21:05 +0000 https://legaltalknetwork.com/?post_type=ltn_guests&p=39381 Natalie Anne Knowlton serves as the Associate Director for Legal Innovation for the Rhode Center, working on legal technology, court modernization, and regulatory innovation. She is the Founder of Access to Justice Ventures. She was formerly the Director of Special Projects and a Regulatory Innovation Consultant at IAALS, the Institute for the Advancement of the American Legal System. Knowlton is a 2023 ABA Journal Legal Rebel and is listed among the ABA Legal Technology Resource Center’s 2022 Women of Legal Tech. She sits on the Justice Technology Association Advisory Board and the Legal Aid of North Carolina Innovation Lab Advisory Board.

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Barrister’s new mystery novel offers glimpse inside the Inner Temple https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2025/06/barristers-new-mystery-novel-offers-glimpse-inside-the-inner-temple/ Wed, 18 Jun 2025 11:00:19 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=39368 Since it was seized from the Knights Templar in the 14th century, the Inner Temple in London has housed acolytes of a different sort: men (and eventually women) who serve as advocates of the law. Sally Smith spent her legal career—and now is spending her retirement—inside the 15 acres that comprise the Inner Temple, now one of the four Inns of Court.
Smith has previously written non-fiction books about historical crimes and legal figures. When she decided to turn her hand to writing fiction, the familiar setting of the Inner Temple was the perfect setting for her new mystery novel, A Case of Mice and Men.
Set in 1901, mere months after the death of Queen Victoria, A Case of Mice and Men introduces a new (and very reluctant) sleuth to the literary scene. Sir Gabriel Ward KC is happiest either when holed up in his Inner Temple lodgings with his books, or when making a compelling case in front of the High Court judges. A solitary, particular and cerebral man, Ward is not looking for excitement beyond the intellectual. But he finds it early one morning when he trips over the body of the Lord Chief Justice of England, which has been left on the doorstep of his professional chambers.
The ancient privileges afforded to the Inner Temple mean that no policeman is allowed to enter without permission, and an aghast Ward is told he will conduct the investigation himself or be at risk of being kicked out of his lodgings. Unused to the world outside the Temple walls, or of conversing with any women apart from his old nanny or his mother, Ward must stretch himself to discover who killed Lord Norman Dunning.
All the while, Ward is also wrestling with a knotty legal issue involving the rights to a bestselling children’s book, and will need to exercise all his skills on behalf of his client, the publisher of Millie the Temple Church Mouse. Written by a mysterious author, the book has been a runaway success, bringing throngs of children to the Temple Church and spawning toys, games and an American publishing deal. Now that the author has reportedly surfaced and is demanding her share of the money and control of the intellectual property, what will happen to Millie the Temple Church Mouse?
In this episode of the Modern Law Library, Smith and the ABA Journal’s Lee Rawles discuss the launch of this new series, which will contain at least three books following Ward’s adventures. Smith describes her own career as a barrister, and why she chose to set the series at the beginning of the Edwardian era. She also discusses the issues of class, gender and the complex world within the walls of the Inner Temple.
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Navigating Immigration’s New Era: Policy Turmoil, Caseload Surges, and Generative AI Solutions https://legaltalknetwork.com/blog/2025/06/navigating-immigrations-new-era-policy-turmoil-caseload-surges-and-generative-ai-solutions/ Wed, 11 Jun 2025 12:09:00 +0000 https://legaltalknetwork.com/?p=39291 The field of immigration law, always complex, has been thrust into a period of acute crisis. Legal professionals are grappling with the dual challenge of rapidly shifting policies driven by recent presidential actions and unprecedented caseload demands. Leading voices in the legal community are emphasizing the urgent need for both profound legal acumen and strategic technological adaptation.

Navigating the Immediate Policy Disruption

The opening months of the current presidential term have been marked by a series of executive actions that have fundamentally altered the landscape of immigration law. Legal discourse is dominated by the profound impact of these directives, which have often resulted in abrupt shifts in procedure and sparked immediate legal challenges for immigration attorneys.

The renewed focus on birthright citizenship exemplifies this immediate instability. As legal author and host of the Lawyer2Lawyer podcast, J. Craig Williams said in a recent episode, efforts to curtail or dismantle birthright citizenship represent an assault on a foundational principle of American law. “Birthright citizenship,” Williams stated, “is the foundation for practically everything else” in immigration law. He further emphasized the destabilizing consequences that these actions would have on the entire legal framework, demanding unwavering vigilance and immediate adaptability from practitioners. New solutions in technology may be an attorney’s best hope.

 

This policy flux necessitates a heightened level of legal expertise and strategic agility. Immigration lawyers can no longer rely on static interpretations of the law; they must possess a deep understanding of the immediate nuances of policy and the ability to respond to rapid changes. 

The Intensifying Pressure on Practitioners: Caseload Crisis and its Impact

The immediate policy disruptions to immigration are compounding an already intense caseload crisis. As ABA Journal editor and Legal Rebels Podcast host, Victor Li observed, “Ever since the start of the second Trump administration, immigration lawyers have been busier than ever, whether it’s dealing with ICE raid deportations, executive orders, slowing down the visa process, limiting the birthright citizenship and reversing Obama and Biden-era immigration policies, as well as nervous clients worried about what the new regime might mean for them.”

This caseload crisis not only impacts efficiency but also raises immediate concerns about the potential for burnout and the ability to provide comprehensive legal counsel. Erika Pinheiro, Executive Director at Al Otro Lado, an organization providing humanitarian support and free legal aid said “Every single day you’re going to hear the worst thing you’ve ever heard working with Asylum seekers. I would say being on the front lines during family separation in particular was really traumatizing.” The profession demands immediate strategies for optimizing workflows and leveraging resources.

Technological Innovation as a Strategic Imperative

In response to these immediate challenges, legal professionals are advocating for the strategic adoption of technology, particularly generative AI.

On the Legal Rebels April 16, 2025 episode, Greg Siskind, an immigration lawyer and technology expert, argues that “Technology, particularly generative AI, can help with some of that increased workload.” He shares how generative AI tools can automate routine tasks, streamline processes, and enhance efficiency. This allows lawyers to dedicate their expertise to higher-level strategy and client advocacy, improving outcomes. 

The Evolving Role of An Immigration Lawyer

The current state of immigration law demands a re-evaluation of the role of the legal professional. Lawyers must possess exceptional legal expertise and embrace technological innovation and learn how to use generative AI to help in this immigration crisis. The insights shared underscore the need for a holistic approach to navigate the immediate challenges of this critical area of law.

You May Also Enjoy Listening to These Episodes on Immigration, Due Process, and Generative AI Solutions

A Constitutional Crisis, Due Process, & the Rule of Law – Lawyer 2 Lawyer

The Alien Enemies Act, Deportations, & Defying the Judiciary – Lawyer 2 Lawyer

Becoming the AI Driven Leader, with Geoff Woods – Lawyerist

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How ethics reforms in Arizona led to LegalZoom’s law firm https://legaltalknetwork.com/podcasts/aba-journal-legal-rebels/2025/06/how-ethics-reforms-in-arizona-led-to-legalzooms-law-firm/ Wed, 11 Jun 2025 11:00:30 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=39327 When Arizona changed its ethics rules in 2020 opening the door for alternative business structures and nonlawyer ownership for law firms, it sent shock waves throughout the legal industry. Nicole Miller, the chief legal officer of LegalZoom, speaks to the ABA Journal’s Victor Li about LegalZoom’s experience in Arizona thus far, as well as general issues relating to regulatory reform and alternative business structures.

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How a Florida murder and an unlikely justice created a ‘criminal procedure revolution’ https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2025/06/how-a-florida-murder-and-an-unlikely-justice-created-a-criminal-procedure-revolution/ Wed, 04 Jun 2025 11:00:29 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=39261 In Chambers v. Florida and the Criminal Justice Revolution, historian and former ABA Journal reporter Richard Brust lifts the veil on a case that laid the groundwork for some much more famous civil rights victories.
On May 13, 1933, shopkeeper Robert Darsey was robbed and murdered in Pompano, Florida. Four Black migrant farm workers—Izell Chambers, Walter Woodard, Jack Williamson and Charlie Davis—were seized and pressured by the local sheriff into confessing to the murder under threat of lynching. Their appeals eventually reached the U.S. Supreme Court through the efforts of some dedicated African American attorneys, and succeeded in 1940.
In Justice Hugo Black’s written opinion for the majority, the justice drew parallels between the Jim Crow regime in the American South and the rise of authoritarianism and fascism in Europe. Chambers v. Florida forbade the use of psychological coercion—such as threatening to turn prisoners over to lynch mobs—as well as physical abuse to extract confessions. The court’s ruling declared that the protections of the Bill of Rights extended into states’ criminal cases, and began to change the kinds of cases that made it onto the Supreme Court docket.
Brust sees it as part of a trio of cases, which includes Moore v. Dempsey (1923) and Brown v. Mississippi (1936), that led to a “criminal procedure revolution,” he tells the ABA Journal’s Lee Rawles.
In this episode of The Modern Law Library, Brust discusses the lawyers who worked on the case, most prominently Simuel D. McGill, a Black attorney in Jacksonville. He delves into the generational differences between the Floridian defense lawyers and the attorneys of the NAACP’s Legal Defense Fund who would go on to win key civil rights battles. He explains why Justice Black would have been considered an unlikely author for this opinion. And he shares what he could discover about the fates of Chambers, Woodard, Williamson and Davis after the trial.
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Richard Brust https://legaltalknetwork.com/guests/richard-brust/ Tue, 03 Jun 2025 21:25:13 +0000 https://legaltalknetwork.com/?post_type=ltn_guests&p=39262 Richard was Assistant Managing Editor at the ABA Journal from 1997-2015. He supervised the National Pulse and Supreme Court sections, and wrote features on topics in legal history. Richard is an award-winning writer and editor, and has a law degree from Temple University. He recently was awarded a Ph.D. in History from the University of Florida.

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Chris Patton https://legaltalknetwork.com/guests/chris-patton/ Wed, 21 May 2025 20:11:14 +0000 https://legaltalknetwork.com/?post_type=ltn_guests&p=39150  Chris Patton is a partner with the law firm of Lynn Pinker Hurst & Schwegmann LLP in Dallas. He is a commercial litigator who helps businesses resolve high-stakes disputes with a strategic, disciplined, and trial-tested approach. Licensed in Texas and New York, he specializes in litigation for businesses ranging from startups to multinational corporations, with a particular focus on antitrust, contract disputes, trade secrets, intellectual property, and business torts. He has successfully guided companies through complex legal disputes, securing courtroom victories and favorable resolutions that protect their business interests.

Patton has shared his expertise through various avenues, including publishing the practice guide Texas Trade Secret Litigation and teaching as an adjunct professor of antitrust law at SMU Law School. He is also a frequent contributor to the ABA’s Litigation Journal, writing on key developments in commercial litigation, trial strategy, and legal history. He has earned multiple accolades from Best Lawyers, D Magazine, Super Lawyers, and Benchmark Litigation.

Before joining LPHS, Patton practiced commercial litigation at Cravath, Swaine & Moore LLP in New York where he represented global banks, investment firms, and technology companies in complex commercial and securities litigation.

Patton earned his bachelor’s degree from Brigham Young University and his JD from George Washington University Law School. A lifelong musician and multi-instrumentalist, he brings an ear for detail and improvisational thinking to his litigation practice.

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What today’s rainmakers do differently https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2025/05/what-todays-rainmakers-do-differently/ Wed, 21 May 2025 20:00:14 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=39144 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.
“The reason we chose the term ‘activator’ instead of ‘connector’—people have asked about this before—is that they’re not about collecting business cards and letting them collect dust or just hoarding LinkedIn connections,” Dixon tells Rawles. “What these folks do is they try to turn these relationships, these connections, into paying client relationships. And the way that they do it, the way they activate those relationships, is they proactively bring new ideas to those clients, new ways to mitigate risk, new ways in consulting, new ways to make money or save money.”
Dixon offers practical advice on how to behave like an activator, including the most effective ways to use LinkedIn. Lawyers and other client-servicing professions can’t just sit back and wait for business opportunities to find them, he warns.
“Whether we like to admit it or not, clients are less loyal today than they once were,” he says. “They’re less likely to automatically come back to their incumbent provider. No matter how great a relationship you have, or how great the value you’ve delivered is, they’re forcing us to compete in ways that we didn’t have to in the past. And so activators want to have a backup plan. They know that that great client today might not be a client tomorrow no matter what you’ve done on your end to deliver value and build a great relationship. So you need a backup plan.”
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Perplexed about AI? Richard Susskind wants to help https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2025/05/perplexed-about-ai-richard-susskind-wants-to-help/ Wed, 07 May 2025 11:00:09 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=39088 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.
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Leveraging Tech to Level the Playing Field in “David v. Goliath” https://legaltalknetwork.com/podcasts/litigation-radio/2025/04/leveraging-tech-to-level-the-playing-field-in-david-v-goliath/ Tue, 29 Apr 2025 11:00:06 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=39056

The imbalance of power in the courtroom is often very real whether that’s a David vs. Goliath battle pitting a small-firm plaintiff against a corporate giant, or a situation where a judgment-proof or anonymous defendant evades accountability. The scales of justice are sometimes uneven.

Guests Marcus Chatterton and Fred Tecce are veteran litigators who have found themselves in countless courtroom skirmishes opposing all manner of large and small businesses in a variety of corporate, patent, trademark, criminal, and personal injury issues. They explain how tech can help balance an imbalance of resources. Deep pockets may have been an advantage, whether that’s in the form of available manpower or the ultimate ability to pay a claim. But that doesn’t have to be the case.

Modern, novel legal approaches and today’s tech tools can help level the playing field as software programs can analyze mountains of evidence that used to require hours of poring through boxes of paper that could overwhelm small firms. “Technology assisted review” is a growing field. Will AI further help attorneys battle an information dump in discovery or chase down anonymous actors and follow online breadcrumbs?

The key is pairing legal skills and experience with tech, not only learning to use the newest tools but also learning to explain the findings and methodology to a judge and jury. Technology is changing everything from the way you prepare for trial to the way you present your case. Whether you’re a “Goliath” with a duty to assemble and turn over mountains of discovery, or a “David” faced with digging through that evidence and uncovering precedents that back your client, tech tools are blazing a new trail.

Resources:

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‘Secrets of the Killing State’ exposes realities of lethal injection https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2025/04/secrets-of-the-killing-state-exposes-realities-of-lethal-injection/ Wed, 23 Apr 2025 11:00:04 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=39018 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.
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Leveraging Tech Tools in Your Law Firm – ABA TECHSHOW 2025 https://legaltalknetwork.com/podcasts/on-the-road/2025/04/leveraging-tech-tools-in-your-law-firm-aba-techshow-2025/ Thu, 10 Apr 2025 19:00:01 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=38931 Boosting efficiency starts with basic tools your law firm probably already has! But, if you’re not engaging with your tools effectively, your firm may very well be falling behind the competition. Niki Black and Stephanie Everett talk with Dan Lear about their session on enhancing law firm workflows and client experience with simple, innovative technology. Embracing tools for scheduling, finances, communications, and more improves your firm’s productivity, draws in new clients, and helps you do your best work. 

Nicole Black is an attorney, author and journalist, and serves as the principal legal insight strategist at MyCase (AffiniPay). She is the nationally-recognized author of “Cloud Computing for Lawyers” and co-authored “Social Media for Lawyers: The Next Frontier”. 

Stephanie Everett is CEO and a Law Firm Business Coach at Lawyerist and serves as Affinity Consulting Group’s Chief Growth Officer. She is a co-author of Lawyerist’s book, “The Small Firm Roadmap”.

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Craig Dobson https://legaltalknetwork.com/guests/craig-dobson/ Wed, 09 Apr 2025 21:12:16 +0000 https://legaltalknetwork.com/?post_type=ltn_guests&p=38929 Craig Dobson provides ethics advice to lawyers, represents lawyers in disciplinary matters, and practices immigration law at Dobson Law LLC. He has a Bachelor of Arts in philosophy from Furman University and a Juris Doctor, cum laude, from New England School of Law. During law school, he received CALI awards in both the Law and Ethics of Lawyering and International Business Transactions and served as Editor-in-Chief of the New England Journal of International and Comparative Law. He previously served as Georgia UPL Liaison for the AILA’s Georgia-Alabama Chapter and was appointed by the Supreme Court of Georgia to serve as Chairperson of the District 1 UPL Committee for the State Bar of Georgia from 2014 to 2017. He is a former member (Chair from 2018-2021) of AILA’s National Ethics Committee. He is currently APRL liaison to the ABA Standing Committee on Public Protection and the Provision of Legal Services.  Additionally, he is Chair of AILA’s Lawyer Well-Being Committee, a member of the New York City Bar Association’s Mindfulness & Wellbeing in Law Committee, and Co-Chair of AILA New York’s Ethics, Practice Management, & UPL Committee. In September 2017, he became one of the first National Board-Certified Health & Wellness Coaches. 

 

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‘Patenting Life’ shares tales from a career on the cutting edge of science and the law https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2025/04/patenting-life-shares-tales-from-a-career-on-the-cutting-edge-of-science-and-the-law/ Wed, 09 Apr 2025 11:00:33 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=38920 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.
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Show Me the Clients! — Holding Your Marketing Accountable https://legaltalknetwork.com/podcasts/lunch-hour-legal-marketing/2025/04/show-me-the-clients-holding-your-marketing-accountable/ Wed, 09 Apr 2025 08:00:53 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=38923 Feeble marketing tactics are a major waste of your law firm’s ad spend! Make sure your budget isn’t being squandered by understanding what marketing quality and accountability should look like.


If your marketer’s data looks like a success but isn’t resulting in new clients for your law firm, you might be getting shammed. The guys join us from the road at two of the legal industry’s finest conferences, ABA Techshow and Mass Torts Made Perfect. In their talks, Gyi and Conrad each presented the perils of marketing misinformation and what lawyers need to look for to ensure transparency and accountability in their marketing schemes. 

Leave us a comment on the LHLM LinkedIn page if you’d like to have Gyi and Conrad’s slide decks from their conference presentations!

 

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How thinking like an athlete can make you a better lawyer https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2025/03/how-thinking-like-an-athlete-can-make-you-a-better-lawyer/ Wed, 19 Mar 2025 16:00:28 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=38807 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.
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This year’s historic ABA Techshow will be bigger than ever https://legaltalknetwork.com/podcasts/aba-journal-legal-rebels/2025/03/this-years-historic-aba-techshow-will-be-bigger-than-ever/ Wed, 12 Mar 2025 11:00:53 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=38759 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.

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This Harvard Law prof thinks constitutional theory is a terrible way to pick a judge https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2025/03/this-harvard-law-prof-thinks-constitutional-theory-is-a-terrible-way-to-pick-a-judge/ Wed, 05 Mar 2025 12:00:49 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=38725 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:
  1. Longevity and age
  2. Location in political time
  3. Prior experience in public life
  4. 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.)
  5. Intellectual curiosity
In 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.
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Meh, Links — Busting Link Building Myths for SEO https://legaltalknetwork.com/podcasts/lunch-hour-legal-marketing/2025/02/meh-links-busting-link-building-myths-for-seo/ Wed, 26 Feb 2025 09:00:55 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=38691 Today, we unpack Gyi’s beloved catchphrase to see how “meh” he really feels about the significance of links in local SEO. Later—the strategic guide you need for top-knotch link building in 2025.


A whole lotta folks like to say links don’t really matter anymore, but are they right? In practice, the guys have seen the positive effects of link building for clients for many, many years, and it’s still a piece of the pie today. However, there’s a ton of misinformation out there, so Gyi and Conrad debunk the most common misconceptions to get you on track for optimized, relevant, business-building links. 

And, later, what’s working best for link building in 2025? The guys share some great stories of businesses who engaged their local communities through service, scholarships, sponsorships, and more—all while getting awesome PR and plenty of links. 

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‘The Licensing Racket’ takes aim at professional licensing in America https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2025/02/the-licensing-racket-takes-aim-at-professional-licensing-in-america/ Wed, 19 Feb 2025 12:00:58 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=38647 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
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Hilary Gerzhoy https://legaltalknetwork.com/guests/hilary-gerzhoy/ Wed, 29 Jan 2025 20:59:58 +0000 https://legaltalknetwork.com/?post_type=ltn_guests&p=38503 As a legal ethics and malpractice litigator, Hilary represents lawyers and firms in disciplinary investigations, prosecutions, malpractice matters, and fee disputes. She has represented lawyers in front of every disciplinary body at the state and federal level in D.C. and Maryland, before the Virginia State Bar, and before the USPTO’s Office of Enrollment and Discipline (OED). Hilary serves as outside general counsel, helping firms navigate conflicts, implement AI, create nonlawyer partnerships, comply with advertising rules, ensure ethically-compliant lateral partner moves, adhere to lobbying-related requirements, and respond to unauthorized practice of law (UPL) and bar application inquiries.

Hilary is the Vice Chair of the D.C. Bar Rules of Professional Conduct Review Committee and she a member of the ABA’s Ethics and Professional Responsibility Committee. In 2022, the Judges of the D.C. Circuit appointed her to serve as one of the six members on the D.C. Circuit’s Advisory Committee on Admissions and Grievances. Hilary is an adjunct law professor at the Georgetown University Law Center where she teaches legal ethics, and she serves on Law360′s Legal Ethics Editorial Advisory Board.

A frequent writer, Hilary has published more than thirty articles on developments in legal ethics and her work has been featured in the Chicago Tribune, Bloomberg Law, Law360, the Washington Lawyer, and LexisNexis. She is regularly quoted as a legal ethics leader in publications including The National Law Journal, Law.com, and Law360. Hilary teaches courses on legal ethics and malpractice at bar associations and law schools across the country.

Hilary has been recognized by Best Lawyers, Super Lawyers, and Lawdragon. She is AV Peer Review rated by Martindale-Hubbell with a 5.0 out of 5.0 rating, Highest Level of Professional Excellence. Before entering private practice, Hilary clerked for the Honorable Kermit V. Lipez of the United States Court of Appeals for the First Circuit. She received her J.D. from the University of California Berkeley School of Law (Boalt Hall), where she served as Online Editor of the California Law Review and a teaching assistant for the Legal Research and Writing Program, and where she received the Prosser Award for Written and Oral Advocacy. She received her B.A. from the University of Chicago, graduating Phi Beta Kappa.

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What’s the forecast for generative AI in 2025? https://legaltalknetwork.com/podcasts/aba-journal-legal-rebels/2025/01/whats-the-forecast-for-generative-ai-in-2025/ Wed, 15 Jan 2025 12:00:00 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=38406 If last year was when generative artificial intelligence went mainstream, could this year be the one when it gets even bigger? Will we see more people, law firms, companies and government agencies adopt, use or integrate it into their day-to-day activities? Will we see more rules and regulations from states or the federal government regarding its use? What about law schools and generative AI? Will we see more start to teach it? And will lawyers finally learn more about what to do, or not to do, when it comes to using it?

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Tom Grden https://legaltalknetwork.com/guests/tom-grden/ Sun, 12 Jan 2025 22:22:26 +0000 https://legaltalknetwork.com/?post_type=ltn_guests&p=38385 Tom Grden is Clinical Case Manager for the State Bar of Michigan’s Lawyers & Judges Assistance Program. He is an advisory member of the ABA Commission on Lawyer Assistance Programs, an ICLE contributor, and a regular author on the Michigan Bar Journal’s “Practicing Wellness” column. Tom speaks nationally on topics pertaining to law student, lawyer, and judicial wellbeing.

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When should life sentences be overturned? Judge shares how he decides https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2025/01/when-should-life-sentences-be-overturned-judge-shares-how-he-decides/ Wed, 08 Jan 2025 15:30:04 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=38363 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.
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What Went Wrong–and Right–with 10 Famous Trials │ A Modern Law Library Re-Broadcast https://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2025/01/what-went-wrong-and-right-with-10-famous-trials-%e2%94%82-a-modern-law-library-re-broadcast/ Fri, 03 Jan 2025 12:00:25 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=38349 Whether you’re a legal history buff, a bookwork, or someone who just loves a great courtroom story, you’ll want to listen to this special episode, originally recorded for ABA Journal’s Modern Law Library with Lee Rawles. In this episode, What Went Wrong–and Right–with 10 Famous Trials, Lee sat down with Craig to discuss his book, How Would You Decide? 10 Famous Trials That Changed History, Book One. In this discussion, Craig talks about his research, what went into the selection of historic cases and trials for the book, and looks ahead to Book Two.

Craig will be back soon with all new episodes of Lawyer 2 Lawyer. As we await his return, you can also get caught up on  In Dispute. Enjoy!

ABA Journal’s Modern Law Library invites top legal authors to discuss legal theories and historic events twice a month here on Legal Talk Network.

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Our favorite pop culture picks in 2024 https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2024/12/our-favorite-pop-culture-picks-in-2024/ Wed, 18 Dec 2024 15:30:08 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=38281 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.
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Danielle Braff https://legaltalknetwork.com/guests/danielle-braff/ Wed, 18 Dec 2024 15:16:11 +0000 https://legaltalknetwork.com/?post_type=ltn_guests&p=38289 Danielle Braff, a legal affairs writer, joined the ABA Journal in 2024. With a diverse background as a magazine editor, newspaper reporter, and award-winning freelance writer, she has built a reputation for her expertise in lifestyle, health, business, shopping, parenting, and travel journalism. Her work has been featured in numerous prestigious publications, including the Chicago Tribune, Crain’s Chicago Business, Women’s Health, Self, Woman’s Day, Men’s Health, Budget Travel, Health, Marie Claire, New York Newsday, the Chicago Sun-Times, Better Homes and Gardens, Time Out New York Kids, and Every Day with Rachael Ray.

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Horse-loving lawyer left the law to help run a Colorado ranch https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2024/12/horse-loving-lawyer-left-the-law-to-help-run-a-colorado-ranch/ Wed, 04 Dec 2024 22:00:42 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=38174 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.
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What went wrong–and right–with 10 famous trials https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2024/11/what-went-wrong-and-right-with-10-famous-trials/ Mon, 25 Nov 2024 12:00:03 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=38118 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 Jesus
  • The Salem Witch Trials
  • Boston Massacre Trial
  • Civil War Tipping Point and Aftermath Trials (Dred Scott, John Brown, Plessy v. Ferguson)
  • O.K. Corral Shootout Trial of Wyatt Earp and Doc Holliday
  • The Black Sox Trial
  • The Scopes “Monkey Trial”
  • The Lindy Chamberlain Trial
  • The McMartin Preschool Trial
  • The O.J. Simpson Murder Trial
The 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.
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‘Watchdogs’ author has no regrets about choosing civil service over the NBA https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2024/11/watchdogs-author-has-no-regrets-about-choosing-civil-service-over-the-nba/ Wed, 06 Nov 2024 12:00:35 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=37974 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.
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Meet the sheriffs who believe they are ‘The Highest Law in the Land’ https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2024/10/meet-the-sheriffs-who-believe-they-are-the-highest-law-in-the-land/ Thu, 24 Oct 2024 18:30:50 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=37887 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.

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‘Company’ is the perfect short story collection for spooky season https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2024/10/company-is-the-perfect-short-story-collection-for-spooky-season/ Wed, 09 Oct 2024 21:00:58 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=37776 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.
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Meet Marilyn Mulero, the Innocent Woman Who Was Wrongly Sentenced to the Death Penalty https://legaltalknetwork.com/blog/2024/10/meet-marilyn-mulero/ Wed, 02 Oct 2024 15:32:13 +0000 https://legaltalknetwork.com/?p=37709 Marilyn Mulero and Justin Brooks
Justin Brooks, Co-Founder of the California Innocence Project and Exoneree Marilyn Mulero

A 2017 study published by the American Psychological Association found that approximately 90% of people would prefer to not be informed of when and how they will die if a crystal ball or all-knowing source could reveal it.

But for Marilyn Mulero, an Illinoisan mom who was wrongfully convicted of murder, she didn’t have a choice of whether or not she’d get a peek at her fate. 

As she sat alone in the courtroom on the day of her sentencing, abandoned by her unreliable attorney and unable to process what was going on, the bailiffs approached her. 

“Do you know what just happened here?” they asked.

Marilyn Mulero

She told them no. 

A couple phone calls and hours later, as Mulero was heading back to her housing unit, her situation finally became clear. 

Bombarded by fellow inmates, she instantly became overwhelmed by shouts and cries. 

“They sentenced you to death by lethal injection. That mean the state’s going to f***ing kill you,” she heard one woman shout at her. Others shared similar sentiments. 

Her world instantly felt like it was falling apart. 

But how did she get here? How does a responsible and loving mother who puts others before herself wind up being not only accused but convicted of something she had nothing to do with? 

That is the exact subject explored in season two of Legal Talk Network’s podcast, “For the Innocent,” hosted by The Innocence Center’s Executive Director, Michael Semanchik.

Mulero opens up about her unimaginable story of wrongful conviction – and eventual exoneration. 

For The Innocent

Marilyn’s Story: A Plea Deal Turned Deadly

Thanks to the generosity of the Signal Awards judging panel, this episode received a bronze medal in the 2024 Activism, Public Service, & Social Impact category of the 3rd annual Signal Awards! See the award details here.

The Disgraced Detectives

Disgraced former Chicago Police Detective Reynaldo Guevara and Ernest Halvorsen played a significant role in Mulero’s conviction. 

After leaving a funeral, Mulero met the detectives for the first time. They handcuffed her, drove her to Humboldt Park, and started questioning her at the location of the murder, trying to get her to confess for 10-15 minutes. 

Then they forced her to stand in front of the Latin Kings, a street gang famous for engaging in drug trafficking, assault, burglary, identity theft, money laundering, and homicide. 

Guevara and Halvorsen falsely claimed that they received a confession framing Mulero, but there was never any actual evidence of that. 

Mulero is just one of the many people harmed by these unqualified and manipulative detectives. According to WTTW News, Guevara alone has cost the county at least $62.5M for his misconduct and still has 33 lawsuits pending. 

The National Registry of Exonerations compiled a list of defendants subjected to unjust treatment by the detectives, available here

Justin Brooks and Marilyn Mulero with EXONR8R License
Photo courtesy of Justin Brooks

The Life-Changing Clemency Petition

In April 2020, Illinois Governor J. B. Pritzker signed Mulero’s clemency petition, the first step in granting her freedom. 

She finally received authorization to go home after spending 27.5 years in prison.  

Two and a half years later in August 2022, Mulero’s conviction was officially reversed by Cook County State’s Attorney Kimberly Foxx. This made Mulero the 190th person exonerated from death row in the U.S.

Mulero is deeply grateful for the support she’s received from various innocence communities, but continues to face significant challenges as she struggles to adapt to life after prison.
To hear her whole story unfold, listen to her interview on For the Innocent.

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The Supreme Court is a liberal body–when it comes to legal writing https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2024/09/the-supreme-court-is-a-liberal-body-when-it-comes-to-legal-writing/ Wed, 25 Sep 2024 11:00:31 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=37665 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.
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A Rising Attorney’s Career in Data Protection https://legaltalknetwork.com/podcasts/aba-young-lawyer-rising-podcast/2024/09/a-rising-attorneys-career-in-data-protection/ Thu, 19 Sep 2024 11:00:53 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=37626 Everybody wants your data, from companies to hackers to governments. Guest Lexi Lutz is senior corporate counsel, and privacy watchdog, at Nordstrom. She advises the company on the legal implications of AI, cybersecurity, privacy, and data protection. As computers get smarter and capabilities expand, it’s more important than ever to maintain legal guardrails and understand potential pitfalls.

Lutz starts with keeping up with the slew of developing state privacy laws and international regulations. Corporations handle massive amounts of data, much of it confidential. Privacy disclosures, terms of service, customer service, data breaches, and transparency are all factors. It’s a lot for any legal team to manage, and the field is only getting bigger.

Hear how Lutz got her start in corporate data and privacy law, how she approaches her duties, and how she helps the rest of the corporation understand where the vulnerabilities and minefields lie.

As a lawyer, you understand your duty to maintain confidentiality. But as computing capabilities surge, and in the murky and evolving world of AI, there’s a growing need for attorneys who understand and stay on top of lurking challenges to privacy and data security. Everything from massive customer database hacks to simply sending an email using a coffee shop’s WiFi can create data security issues. (And Lutz reminds us, change your passwords frequently).

Resources: 

Microsoft Outlook email encryption

Google Gmail encryption

“Twenty Years Ago, AIM Chatbot SmarterChild Out-Snarked ChatGPT,” TechCrunch

ChatGPT

“’She Hooked Me’: How an Online Scam Cost a Senior Citizen His Life’s Savings,” Wall Street Journal

Justin S. Daniels at Baker Donelson, videos

American Bar Association

American Bar Association Young Lawyers Division

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Lexi Lutz https://legaltalknetwork.com/guests/lexi-lutz/ Wed, 18 Sep 2024 19:44:26 +0000 https://legaltalknetwork.com/?post_type=ltn_guests&p=37627 Alexandria “Lexi” Lutz is senior corporate counsel at Nordstrom, Inc. in Charlotte, North Carolina, where she advises the company on legal matters related to privacy, cybersecurity, and AI. Prior to Nordstrom, She worked for a large national hotel brand and an international food service company. She is a certified Information Privacy Professional in the U.S. and Europe and holds the Charlotte Business Journal award for Outstanding Corporate Counsel in a large company. She is active in the ABA Young Lawyers Division and runs a new program that helps senior citizens learn about, and protect themselves from, privacy breaches and fraud. 

Lutz earned her bachelor’s degree at Duke University and her JD at Charlotte School of Law. 

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4 Hispanic Lawyers Who Are Leading Historic Change in Law https://legaltalknetwork.com/blog/2024/09/4-hispanic-lawyers-who-are-leading-historic-change-in-law/ Sun, 15 Sep 2024 13:00:00 +0000 https://legaltalknetwork.com/?p=37449 National Hispanic Heritage Month is a month-long celebration observed every year from September 15 to October 15. During this time, we come together to honor and acknowledge the enduring impact and influence of Hispanic Americans in shaping the history, culture, and identity of the United States.

The observation of Hispanic Heritage Month began in 1968 as Hispanic Heritage Week under President Lyndon Johnson, and it was later expanded by President Ronald Reagan in 1988 to last 30 days.

This year is particularly special because it’s the 70-year anniversary of Hernandez v. Texas, 347 U.S. 475. This landmark case was the first and only Mexican-American civil rights case heard and decided by the United States Supreme Court. 

To kick off this important month, we’re featuring a few Hispanic lawyers who have inspired us.

Chief Justice Dori Contreras

Dori Contreras

Chief Justice Dori Contreras shattered barriers as the first woman to lead the Thirteenth Court of Appeals and, at the time of her election, become only the second Latina to serve as a Chief Justice statewide.

She learned the importance of hard work from her dedicated parents and made them proud when she became the first in her family to receive a college degree. After working as an accountant, getting married, and having two daughters, Chief Justice Contreras received her Doctor of Jurisprudence degree from theUniversity of Houston Law Center in 1990.

She went on to manage a law office in San Antonio, make partner at a civil trial firm, and then open her own mediation practice. Her talent and grit were noticed, and she received a recommendation by the Texas congressional delegation for nomination by the White House to a United States District Court seat in Corpus Christi, Texas, in 2010.

No matter how busy Chief Justice Contreras is, she always makes it a priority to give back to her community. She makes frequent visits to local schools in her community to meet the students and lead by example. 

Julio Oyhanarte

Julio Oyhanarte captivates millions with his magnetic presence and on and off TikTok.

Julio was born and raised in Buenos Aires, Argentina, a vibrant and diverse city known for its eclectic architecture, succulent food, and rich cultural heritage. Immersed in this dynamic environment, Julio developed a deep understanding of the legal landscape, eventually leading him to specialize in constitutional, civil, and business law. For over a decade, he dedicated himself to his firm in Argentina, providing expert legal counsel to individuals and businesses.

In 2010, Julio’s expertise and dedication to the legal field were recognized when he was appointed as a Legal Secretary in the Argentine Federal Judicial Council, where he played a pivotal role in shaping and interpreting legal policies.

Drawing from this experience and knowledge, Julio moved to California, where he established a business and immigration firm, DGO Legal, with his partner Gianfranco De Girolamo. The firm embodies their commitment to passionately and skillfully representing clients from around the world, from assisting people when they establish new companies to guiding individuals through the complex process of obtaining United States citizenship.

Julio’s informational videos and social media posts have helped him reach over 5.8 million followers on TikTok and 132,000 subscribers on YouTube.

To learn how Julio leveraged his social media audiences to grow his law firm, listen to the following episode of the Lawyerist Podcast:

Justice Gina Benavides

Gina Benavides

Georgina “Gina” Martinez Benavides is a highly respected justice at the Texas Thirteenth Court of Appeals based in Corpus Christi and Edinburg. She has a distinguished career, having been initially elected in 2006 and subsequently re-elected in 2012 and 2018. She currently holds the esteemed position of Senior Justice on the Court. Throughout her tenure as an appellate judge, Justice Benavides has drafted over 1,500 opinions that have addressed many complex issues involving civil and criminal matters.

Beyond her judicial responsibilities, Justice Benavides is widely recognized for her unwavering commitment to public service, tireless efforts to strengthen her community, and steadfast dedication to ensuring equal access to justice for all. Her passion for making a positive impact was evident as a law student, where she served as a student attorney and office manager at the University of Houston’s Legal Aid Clinic. After graduation, she continued her pursuit of justice by excelling as a civil trial attorney. Her exemplary record and dedication ultimately led her to rise to the esteemed position of justice at the Thirteenth Court of Appeals.

This summer, Justice Benavides joined Chief Justice Contreras and Assistant US Attorney Christopher Pineda to explain how Hernandez v. Texas solidified the details of the 14th Amendment of the Constitution, giving all nationalities equal protection on the State Bar of Texas Podcast.

Jessica Gonzalez

Jessica Gonzalez is a cannabis attorney, consultant, adjunct professor, and policy advocate. She is an Ecuadorian immigrant who has dedicated her career to uplifting communities harmed by cannabis prohibition through advocacy and education. Jessica has played a significant role in shaping cannabis policy in New Jersey and has guided social equity efforts in more than seven different states.

Jessica’s achievements are nothing short of remarkable:

  • Named one of the “Top 100 Most Influential People” in cannabis by High Times magazine
  • Honored as one of the “Top 40 under 40 Rising Stars” by Marijuana Venture magazine and Cannabis Now magazine
  • Designated as a “Cannabis Law Trailblazer” by the National Law Journal
  • Awarded “Community Game Changer of the Year” by NJ Cannabis Media

Discover More Trailblazers in Legal Talk Network’s Podcasts

Legal Talk Network is a prominent podcast network designed specifically for legal professionals. The network features experienced hosts from renowned organizations and leading brands within the legal world.

If you’re interested in learning more about other exceptional attorneys in the country or exploring various legal issues, follow Legal Talk Network on Apple Podcasts or Spotify.  

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How Much Money Do Lawyers Really Make? https://legaltalknetwork.com/blog/2024/09/how-much-money-do-lawyers-really-make/ Tue, 10 Sep 2024 15:30:00 +0000 https://legaltalknetwork.com/?p=37321 Gavel on top of a stack of $100 bills wide

When people are asked to name a career that promises wealth and financial stability, “doctor” and “lawyer” are often at the top of the list. These professions have long been associated with high earnings and social prestige.

If you prefer suits over scrubs and briefcases over bandages, a legal career might just be your tailored path to success.

In general, lawyers serve a fundamental role within the judicial system by providing legal interpretation of complex laws and regulations, offering counsel, and advocating for their clients during legal disputes. As a profession, it ranks among the highest-paying careers outside of the medical field, with a median annual wage of $145,760, as reported by the Bureau of Labor Statistics (BLS).

While the legal profession continues to be a popular career choice for many, it’s important to understand that the annual income for lawyers can vary significantly based on a variety of factors such as their area of specialization, years of experience, the type of law firm or organization they work for, the city where they practice, and their individual skills and reputation.

Not All Jurisdictions Are Created Equally

California has the highest average salary for lawyers, only being surpassed by the District of Columbia, where lawyers command an average annual salary of $226,510. This figure is approximately $138,000 more than the average salary of a lawyer in Wyoming, which is currently the lowest-paying state for lawyers.

In general, the five highest-paying states for lawyers are as follows:

  • California ($201,530)
  • Massachusetts ($196,230)
  • New York ($188,900)
  • Delaware ($176,904)
  • Connecticut ($174,520)

In comparison, the five lowest-paying states for lawyers include:

  • Wyoming ($88,570)
  • Idaho ($96,810)
  • Montana ($98,170)
  • Kentucky ($99,840)
  • Mississippi ($101,240)

The Specific Industry You Work For

In addition to the state where an attorney practices, their salary may also be influenced by the specific industry they choose to work in and their level of experience. For instance, lawyers employed in the public sector, such as government or nonprofit organizations, typically earn less than those working in the private sector.

Earnings within the private sector can also vary due to factors such as the size and reputation of the firm and the nature of the work. Working independently or being employed by a large law firm can also significantly impact these earnings, as well as other variables, such as the region and types of cases handled.

The Type of Law You Practice

The type of law an attorney practices can also impact how much they make. Take, for instance, some of the highest-paying legal specialties:

  • Chief legal officer: $89,000 to $232,500
  • Patent attorney: $95,500 to $179,000
  • Health care attorney: $79,000 to $193,500
  • Corporate counsel: $111,000 to $174,500
  • Contract attorney: $72,500 to $152,500
  • Tax attorney: $84,000 to $143,500
  • Employment attorney: $101,000 to $152,000
  • Environmental attorney: $100,000 to $134,500

The Biggest Money Mistakes to Avoid as a Lawyer

Managing finances can be challenging for many attorneys. More specifically, having a career that often requires late nights at the office and weekend availability makes finding the time to strategically invest earnings and build a personal financial plan an afterthought, when it should be a priority.

New lawyers are particularly vulnerable to financial stress. Despite the potential for high earnings, new lawyers often start their careers at a financial disadvantage due to the expenses incurred during years of schooling and bar exam preparation, along with significant student loan debt.

In a recent episode of Modern Law Library, Darren Wurz, the managing partner at Wurz Financial Services, provides advice for attorneys at the beginning, middle, and end of their careers. He also discusses the seven most prominent money mistakes attorneys can make.

Unlocking Profitability as an Attorney

In the legal game, profitability isn’t always about grand slams— it’s about recruiting the best players.

via GIPHY

In the Lawyerist podcast episode “Unlocking Profitability in Your Law Firm with Moneyball Tactics,” Jeff Krause, a Wisconsin attorney and founding partner of Solfecta, LLC, talks about how lawyers can apply the principles of Moneyball to increase profitability in their law firms.

During the episode, Krause explains how law firms can leverage data analysis to better understand the profitability of their attorneys and clients, using Billy Beane’s strategy. He also provides valuable insights into the steps lawyers can take to enhance their profits and follow in the footsteps of a legend.

Learn How to Become a Money-Savvy Lawyer with Legal Talk Network’s Podcasts

If you’re interested in the legal profession or want to stay up to date with the latest legal news, add Legal Talk Network’s podcasts to your playlist.

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Legal thriller author David Ellis’s day job? Appellate court justice https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2024/08/legal-thriller-author-david-elliss-day-job-appellate-court-justice/ Thu, 29 Aug 2024 11:00:39 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=37338 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.
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Tests into and out of law schools—what’s changing and why https://legaltalknetwork.com/podcasts/aba-journal-legal-rebels/2024/08/tests-into-and-out-of-law-schools-whats-changing-and-why/ Wed, 14 Aug 2024 11:00:42 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=37255 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.

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How to Become an Immigration Lawyer https://legaltalknetwork.com/blog/2024/08/how-to-become-an-immigration-lawyer/ Wed, 07 Aug 2024 14:00:00 +0000 https://legaltalknetwork.com/?p=37146 Woman talking to an immigration attorney for the first time

In January 1972, immigration attorney Leon Wildes received a call from an old law school friend asking for his help with a deportation case involving a musician and his wife. Although Wildes didn’t recognize the couple, he knew he wanted to help them.

By taking on this life-changing deportation case, Wildes went on to expose corruption in the Nixon administration and forever change the United States immigration process.

And that famous couple that retained Wildes? That was none other than John Lennon and Yoko Ono.

Wildes’ inspiring career shows that immigration law not only provides a foundation to represent individuals with fascinating stories, but it also helps you understand how a person’s immigration status can impact them in various aspects of life.

Here’s how you can follow in Wildes’ footsteps and change lives as an immigration lawyer.

Becoming an Immigration Attorney

To begin any career as a legal professional, earning a bachelor’s degree, followed by a juris doctor degree, is usually the first step. While in law school, it is beneficial to take courses related to immigration law and policy, such as immigration law, employment law, refugee law, and international human rights. Immigration law classes are not strictly required to practice in this field, but they can enhance your expertise and potentially improve your job prospects.

Gain Experience

Potential employers and clients often seek attorneys with exposure to immigration law, particularly hands-on legal experience gained through internships, clerkships, clinics, externships, and pro bono activities. These opportunities offer valuable insight into the workings of immigration law and can help set you apart from other candidates.

Continue Learning

Beyond taking specialized classes and acquiring hands-on experience, continuous professional development plays a critical role in the career of immigration lawyers. The legal industry constantly evolves, and staying abreast of the latest changes is essential. There is a wide range of certifications and Continuing Legal Education (CLE) courses available to enable lawyers to stay current with the dynamic landscape of immigration law.

Connect With Others

After earning your law degree and passing the bar exam, the last stage in the process is starting your career. This means that even if you’ve chosen to work independently as a lawyer or join a law firm or government agency, you will need to attract clients. Professional organizations such as American Immigration Lawyers Association (AILA) can be beneficial, as they organize conferences and events where lawyers and potential clients come together.

Mother and child talking to an immigration attorney

Hear Personal Accounts from Immigration Lawyers

In the episodes below, lawyers discuss their work in immigration law and their path to get there.

Immigration Law with Javad Khazaeli

Javad Khazaeli, a seasoned attorney who held senior positions in the Department of Homeland Security and the Department of Labor, currently uses his skills and experience to assist immigrants and companies dealing with the federal government. In this two-part episode of The Jury is Out, he debunks the myth that Mexican immigrants make up the majority of people are in the United States without status and reveals where you can get unbiased and reliable immigration law news. 

War in Ukraine: Immigration Attorney Andy Semotiuk Discusses the Humanitarian Crisis

Former United Nations Correspondent Andy Semotiuk joins Trisha Rich and Jennifer Byrne of the Chicago Bar Association for a timely conversation about Ukraine and Russia. Although the overseas conflict is devastating, Semotiuk offers encouragement to those who have left the area, saying, “Immigration is all about heroism. It takes guts to pick up and leave not knowing where you’re going.”

Immigration Law: From Corporate Visas to Pro Bono

On Young Lawyer Rising, Stephanie Baez shares how she landed a job in immigration law after earning her Juris Doctorate from Fordham University. If you’re a recent graduate, this is the perfect episode for you!

Learn More with Legal Talk Network

At Legal Talk Network, we create podcasts with hardworking legal professionals who tell their stories to help the next generation of lawyers to either mirror their journey or learn from their mistakes. If you want to get a more in-depth understanding of immigration law or other legal specializations, hear firsthand accounts from attorneys around the globe, and educate yourself on all things legal, we invite you to listen to our episodes.

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Creating a Great Sponsorship Ad in a Legal Podcast https://legaltalknetwork.com/blog/2024/08/create-great-sponsorship-ad/ Fri, 02 Aug 2024 02:58:41 +0000 https://legaltalknetwork.com/?p=34184 CallRail Audio Ads

Sponsoring podcasts can be a wonderful complement to your other demand generation activities because podcasts reach niche audiences makes your buy more efficient.

The trick is creating messaging that gets potential customers to respond quickly, do what you’ve asked them to do, and fits in with the show you’re sponsoring.

Podcast listeners are inclined to reject ads, or really any part of a show that misaligns with their expectations, because listeners often get emotionally attached to their favorite shows and hosts and don’t like when content feels artificial or unoriginal.

Here are some tips to help make sure the message is lined up with the interests of the audience, their intentions for listening to that show, and show’s style. What to expect your ad to accomplish for your campaign:

Megaphone generating awareness

Branding over demand generation:

While podcast players like Spotify and Apple are doing a lot to connect listeners and advertisers, a listener still has to leave the podcast to interact with your product. Make the message easy to remember so they can find you.

Memory recall

Build awareness:

Use your podcast audio ads and their content to differentiate your product from competitors in ways that are meaningful to your ideal buyer. Audio is really intimate so use that proximity to touch on their pain points and make a difference.

Cohesive omnichannel approach

Coordinate and complement:

The podcast ads complement the work you’re doing in your other channels, so elements like taglines should be coordinated, the value proposition should be aligned, and landing pages should be inside your site to reflect your branding.

How to structure your ad

Length:

Time matters, every word counts

The ads on Legal Talk Network are 30 seconds long. That’s only about 75 words. In an effort to be fair to all sponsors, we try really hard to keep them all the same length. When you deliver a script that’s 200 words, we’re going to have to trim that down. And you might have to take that back for more approvals. Here are some sample scripts to get you started.

Occasionally you’ll hear a 60-second ad that is an exclusive option we allow for one of the four show sponsors if they can provide enough content to justify that information becoming a featured part of the show, at an extra cost. We call those Branded Content Features. Here are some samples of the Branded Content Feature we did with Clio in 2023.

Do not start with a rhetorical question:

Do you like to use rhetorical questions? You should not.

Just don’t. Everyone tries it. It doesn’t work, partly because everyone tries it so it’s become a an ad cliche. The real reason to not use rhetorical questions in an ad is because it is easy for the listener to answer “no,” and tune out the rest of your message.

A common rhetorical question goes along the lines of, “Do you ever have problems like my product solves?” Starting there means the whole script is going to be self-oriented rather than client-oriented. All clients and prospects are thinking much more about themselves than you, our lovely sponsor. You will get a lot closer to them if you start with a strong and maybe even startling fact or a point of relevance for your client.

Rhetorical questions also take up a remarkable amount of that 30 seconds you have in your ad. Don’t waste it; just get to the point.

Draw the listener in by focusing on THEIR goals rather than your own:

Lots of ways to reach your audience. Don't take the first one.

When GoDaddy came to us to promote their new affinity product for business lawyers, we had to take a minute to calibrate how domain name management was relevant to attorneys. If we hadn’t stopped to think about the listeners’ reaction, we would have just read the templated script that the corporate team sent over, listing tech benefits. That approach might appeal to technology enthusiasts, but could easily be deemed as unimportant by busy attorneys. We had to draw them into the logic and help them see how working with GoDaddy would benefit their clients.

The hosts at Above the Law’s Thinking Like a Lawyer, Joe Patrice and Kathryn Rubino, did a great job reflecting the listeners’ experience of wondering about the client’s connection to their jobs, and then cementing the relationship. We wrote it in a fast-paced style that suited Joe’s natural delivery, and invited Kathryn to pop in with another facet of the listeners’ reaction that was true to the dynamic fans of the show enjoy about them. GoDaddy on Above the Law’s Thinking Like a Lawyer, August 2022

Use action words:

Don't be script strict

Change passive tenses of words that end in -ing like ‘automating’ and ‘analyzing’ to verbs to propel the listener to action. Action verbs at the beginnings of sentences are stronger and more memorable, and take up fewer words in your ad.

Compare these two sentences:

“SuperTech.AI is the greatest tool for automating and analyzing your briefs, and helps you reduce time and effort.”

“Automate brief analysis easily with SuperTech.AI to save time.”

Take out clauses so your sentences can start strong. It is not strong when you say “If you’re ready to revolutionize your practice, then you can call us.” Instead, just start right at the meat: “Call us today to revolutionize your practice.”

Have a strong offer:

You probably work pretty closely with sales and know what deals and promos have the best return on investment. A 20% discount is fairly common and likely available from various vendors. When podcasting, because you have the permission to be in an intimate space with the listener, you’ll be most successful when you craft an offer that both reflects the benefit that niche audience cares about, and is distinctive enough for them to remember it quickly. The ideal client may actually respond to a secondary or experience offer more than the dollar and cents offer.

For example, the Apple Card caught my attention because I was actively looking for a new card and weighing several cashback offers. When they said I could get 3% back on most of my purchases without any games or fees, I was interested. The specific cashback percentage was one thing, but the idea that I wouldn’t have to play any silly games with buying categories is what actually motivated me to go find out more right away.

Think about the real experiences of your ideal buyer, what they care about in both the objective offer and the experience, remove what they’re annoyed by, and make it easy for them to say ‘yes’.

Say your name!

Name tags

Repetition is a central concept in audio. Certainly you don’t want to go overboard, but because listener’s attention may pop in and out, you want to say your name between 3-6 times in the ad. Put yourself in the listeners’ earphones for a moment: they may have a lot going on in their immediate environment. They definitely also have a lot of other solutions they could use to solve the problem you also solve. If they have a functional practice management system and you sell a practice management solution, they might hear “…practice management system…” and think “oh, yep, I’ve got one of those!” and get back to what they were already thinking about.

Your job as the sponsor is to break through some of that clutter to differentiate your product. Your name is a great way to do that. Introduce yourself each time like you might at a cocktail party. You should try to get it into the first sentence. It will certainly be in your web address at the end. Get it in at least one or two more times in the body as well.

Lee Rawles, Host of Modern Law Library and Talk Justice, starts off right away with the name for Civille and then provides context. She reinforces the name a few times throughout, which is doubly important for a client with a homonym. In this case, we opted to spell out the client’s name at the end as an additional nod. Civille, May 2024

Have a clear destination for listeners:

Roadmap

Have a URL that can both be spoken clearly and HEARD clearly. We had a sponsor with a web address that had several soft vowels that when spoken became a homonym for a completely different type of product. Others had a URL with dashes or wanted us to say a web address with multiple slashes. Names derived from another language or need to be spelled all create a delay in understanding, which reduces the listeners’ ability to respond quickly to your offer.

In audio, we don’t have the benefit of also seeing the words to validate the way they sounds. If you need to get another domain that sounds simpler, it could be a very valuable $17 investment in the success of your campaign. Then point that friendly address to your more complex-sounding UTM or landing page. Stafi, a legal staffing agency originally wanted to include a URL with a name that wasn’t their name and sounded actually like a direct competitor’s name. We encouraged them to use their alternate URL and then re-direct it to the page they wanted people to land on. Here is Christopher Anderson on Un-Billable Hour for Stafi, April 2024:

Make the most of your host’s personality in your scripts!

Adriana Linares Wearing Goofy Mustache While Recording Podcast
Adriana Linares, the host of New Solo

Leave room in the script for the host to be authentic to their style:

New Solo’s long-time host Adriana Linaras brought her energy and emotive style to talk in an authentic way about Clio’s findings in their Legal Trends Report. Her delivery is bright and genuine and reflects the experience of Clio’s target audience.

If the client had insisted on an exact replica of the script as approved by the legal department, they would not have gotten the benefit of Adriana’s personality and would have been less effective at drawing in the listener. Giving the host a little latitude on the language and delivery enhances your investment. Clio on New Solo, June 2023

Differentiate your message to work to the host’s strengths:

Differentiate your script for your hosts

CosmoLex, a ProfitSolv Company, wanted to be on both Legal Toolkit with Jared Correia, and on Un-Billable Hour with Christopher Anderson. We wanted to communicate the same brand messaging and benefits to listeners, but they have completely different personalities. One script wasn’t going to work for both.

We used the same basic structure prioritizing the simplicity of CosmoLex and included all the appropriate branding, but let Jared have more fun with a sarcastic side comment about not leaking money. Christopher’s script was a straighter delivery emphasizing the business efficiency of the product because that’s aligned with what listeners are seeking from his show.

Jared Correia for CosmoLex, September 2023

Christopher Anderson for CosmoLex, September 2023

Interact with the host about your product:

Engage with your hosts for better ad performance.

It is important for your host to know your product. We always ask our hosts about the sponsor before the sponsor signs just in case they aren’t familiar or have a past experience. I’ve had several sponsors do a demo of a new product with a host.

Often our hosts are very savvy in the legal tech space so they’re already familiar, but a few have been able to get some more depth from that interaction with the product.

Gyi Tsakalakis and Conrad Saam, hosts of Lunch Hour Legal Marketing recorded an about Lawmatics, a company they know so well that Gyi shares with the audience he also invests in the company, in June 2023

We do not, however, endorse products. Legal is a very small space and you wouldn’t want to be the un-endorsed technology in a show’s line-up, so we won’t create that situation for any of our potential sponsors. Our sponsorships, unless otherwise noted, are not exclusive so you could be next to a close competitor. See above about differentiating your product and having a good offer to make the most of your space.

Structure your whole year of messaging

Repeat your name

When we book new sponsors, a year feels like a long time. That year allows the core audience to get familiar with the solutions you provide or benefits of your service, and it allows you to touch those listeners who are new or are trying the show.

You want use the whole year though to share different facets of your service. We can map out three different versions of your ads, record them all together so they have a cohesive sound, and then rotate them monthly or every six weeks.

Other sponsors will go with a seasonal strategy as in “We always sell more test prep services in the three months leading up to the Bar exam” so the ads promoting that service will be scheduled for November – January to pick up February testers, and April – June for the July testers.

Lisa Kirkman, Director of Partnerships

Reach out and we’ll plan your campaign together

I’d love to talk with you more about how sponsoring a Legal Talk Network podcast could help you connect very efficiently with your legal buyer.

Let’s chat! Feel free to find a time on my calendar that suits your schedule or email me at lkirkman@legaltalknetwork.com.

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‘Shaping the Bar’ author says bar exam protects legal profession, not public https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2024/07/shaping-the-bar-author-says-bar-exam-protects-legal-profession-not-public/ Wed, 24 Jul 2024 11:00:48 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=37076 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. ]]> How does Google know who you are? | Authorship v. Expertise https://legaltalknetwork.com/podcasts/lunch-hour-legal-marketing/2024/07/seo-marketing-in-2024-authorship-v-expertise/ Wed, 24 Jul 2024 08:00:21 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=37079 You wrote some stuff, have great expertise, have great content… but does Google care?  The guys hash out how to establish your cred and boost your content with tactical authorship strategies.


Conrad still values the bygone era of Google’s authorship attributions, but Gyi’s all about the latest on expertise with E-E-A-T. Who’s right, and how is authorship recognized by search engines across the breadth of the internet? Gyi and Conrad throw down on best practices for helping your content demonstrate Google’s E-E-A-T criteria and solidify the importance of your authorship. And, it’s not just about you publishing on your own domain. The guys explain how to effectively expand out onto other reputable platforms/publications to help search engines value and promote your expertise.

Learn more here: 

Creating Helpful, Reliable, People-First Content | Google Search Central | Documentation

And here:

Author markup best practices

 

The News:

Mentioned in this Episode:

LHLM Episode – Google’s Algorithm EXPOSED – What Matters and What Doesn’t – Legal Talk Network 

The Bite – Lunch Hour Legal Marketing Newsletter!

Leave Us an Apple Review 

Lunch Hour Legal Marketing on YouTube 

Lunch Hour Legal Marketing on TikTok

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Optimizing Your Law Firm with Data-Driven Strategies https://legaltalknetwork.com/blog/2024/07/optimizing-your-law-firm-with-data-driven-strategies/ Tue, 16 Jul 2024 12:00:00 +0000 https://legaltalknetwork.com/?p=36948 Lawyer with a tablet

Many lawyers today are not adequately prepared to tackle the challenges they face when it comes to law firm optimization, especially with the limited focus that law schools place on the business of law. In fact, research indicates that about 80% of attorneys base critical business decisions on intuition rather than data.

While intuition and experience are valuable, relying solely on them can lead to missed opportunities and poor financial outcomes. As Marketer Conrad Saam says on Lunch Hour Legal Marketing, “If you apply a guess of how humans actually behave, it’ll never be accurate!”

So, what’s the key to optimizing your law firm? Data-driven strategies. To thrive in today’s highly competitive legal environment, legal professionals must grasp data-driven strategies and know how to apply them in their practice to get ahead.

The Benefits of Using Data-Driven Strategies

Leveraging data is crucial for developing effective law firm marketing strategies. A data-driven approach to your marketing and operations will not only improve client services, but this data can also optimize marketing efforts and enhance law firm efficiencies amid industry changes.

When law firms can harness the power of legal data analytics, these firms can gain a better understanding of their operations, which, in turn, can help them identify trends and discover opportunities they may have not considered in the past.

Gavel with data on a laptop

For Joyce Brafford, a legal tech wizard, strategically analyzing data is important for law firm owners because it can help them answer the following questions:

  1. What’s going to help me understand which cases are going to have a higher likelihood of success?
  2. What’s going to help me understand how I can have more profitable practice areas based on data in firms and the market generally?
  3. How can I understand which practice areas are underserved so I can either reach them or charge a premium?

Below, we will explore some specific ways data analysis can revolutionize a law firm’s operations.

Discover Hidden Insights About Your Financial Records

Law firms that analyze data from their billing software or case management system may be able to discover significant insight into their financial records, such as:

  • Determining how to reduce expenses by learning more about their law firm’s spending patterns.
  • Pinpointing the more profitable practice areas in the law firm and which ones are underperforming. This information can help them adjust pricing and allocate their resources more appropriately.
  • Identifying the least and most profitable clients, which, in turn, can help the firm focus its efforts on cultivating those relationships.

Ed Walters, the Chief Strategy Officer of vLex, talks about this in detail on the Modern Law Library podcast. He encourages listeners to picture this scenario:

Imagine an individual seeking legal guidance sits down with your law firm and asks: “What have you done like this?” “How much does it cost?” “What’s our likely outcome here?” “What are the costs likely to be?”

The team at Law Firm 1 says, “Trust us. It’ll cost whatever our rate is times the number of hours it takes us. We’re great at this and we’re efficient.”

Law Firm 2 says, “We’ve done 22 other cases like this. The least expensive was $104,000. The most expensive was $310,000. The mean is $265, the median is $240. Based on what you’ve shared with us, we think yours is going to come in slightly lower than that. We can roughly estimate it’ll cost around $220,000.”

Do you think the firm that begs for trust or the firm that transparently shows the distribution is going to win the business?

Obviously, Law Firm 2 looks more appealing because they’ve approached the conversation with data.

Learn How to Streamline Work and Identify Opportunities

Law firms can enhance their internal operations using business intelligence. For example, by monitoring billable hours and utilization rates for each legal professional, this data can offer valuable insights into how work and resources should be distributed within the firm. It can also provide guidance on identifying training opportunities and maximizing productivity.

Social Media Data

Analytics Tools That Can Help Your Law Firm Get Ahead


There are various analytics tools that can provide law firms with the insights necessary to make data-driven decisions. However, some of the more common tools that firms use include the following:

Insights From Social Media

Social media platforms, such as LinkedIn and X, offer built-in analytics that can give users detailed information about their post performance, engagement metrics, and audience demographics. When utilized effectively, law firms can use this data to improve their social media strategy.

Interestingly enough, social media can also be used for research and development in trial preparation. The team of lawyers at Simon Law Firm shared some of the most groundbreaking evidence they’ve found on social media and how they’ve used it to win cases on Heels in the Courtroom.

Google Analytics

Google Analytics offers valuable insights into user behavior, website traffic, and conversion metrics. Law firms can use this analytics tool to monitor their website’s performance and gain a better understanding of their audience’s demographics and preferences.

Bo Royal, a digital marketing agency owner who learned the ins and outs of advertising and attribution at eBay, recommends using UTM parameters, short text codes at the end of your URLs, so you can properly track a lead all the way from initial contact to sign up to settlement. 

Google Analytics Dashboard

Email Marketing Analytics

Email marketing platforms like Constant Contact and Mailchimp offer analytical features for users who want to monitor email open rates, subscriber engagement, and click-through rates. Law firms can use this data to adjust their email campaigns to send more strategic, engaging messages, which will help the firm’s reputation.

One of the most common email marketing fails occurs when firms fail to properly segment their subscribers. As Email Marketer Tanya Brody puts it, “Lawyers think absolutely everybody under the sun is their audience, which is not true.” She elaborates saying, “If you’re a personal injury lawyer, the people who are getting divorced are not your core audience. The person who’s walking down the street and is fine is not your audience. The person who slipped and fell on that crack? That’s your audience.”

Listen to Legal Talk Network for Further Insight into Other Data-Driven Strategies

Data-driven strategies have the power to completely transform your legal practice. By thoroughly analyzing and utilizing data, law firms can make informed decisions, optimize their legal marketing efforts, and develop operational efficiencies. For further insights on optimizing your law firm with data-driven strategies, browse Legal Talk Network’s library of podcasts.

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Summer reading picks and why a YMCA-funded crusade against obscenity matters today https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2024/07/summer-reading-picks-and-why-a-ymca-funded-crusade-against-obscenity-matters-today/ Wed, 10 Jul 2024 20:15:05 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=36989 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:
BOOKS
PODCASTS
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‘The Lawyer Millionaire’ author shares the 7 biggest money mistakes lawyers can make https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2024/06/the-lawyer-millionaire-author-shares-the-7-biggest-money-mistakes-lawyers-can-make/ Wed, 19 Jun 2024 11:00:51 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=36790 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.
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Aaron Krauss https://legaltalknetwork.com/guests/aaron-krauss/ Mon, 17 Jun 2024 21:25:36 +0000 https://legaltalknetwork.com/?post_type=ltn_guests&p=36781 Aaron Krauss is a member at Cozen O’Connor law firm and a business litigator with more than 30 years of experience representing corporations and individuals in business disputes. He concentrates his practice in the areas of commercial, health, employment, and intellectual property litigation.

Krauss has won numerous verdicts in high-stakes litigation in state and federal courts and before arbitration panels. As satisfying as vindication in court may be, he also recognizes that trial victories are pyrrhic at best if the cost is too great in dollars, time, or lost relationships and is mindful that any specific issue or dispute must be addressed in a way that best advances a client’s broader business goals.

Krauss is a member of the business litigation bar and has held various leadership roles within the American Bar Association (ABA). He is currently a member of the ABA Book Publishing Board and served previously as chair of the Health Law Committee and vice chair of the Business Torts Committee of the Tort and Insurance Practice Section.

He is the former articles editor of the ABA’s Tort & Insurance Law Journal, former associate editor of the Philadelphia Bar Association’s Handbook of Federal Judicial Practices and Procedures for the Eastern District of Pennsylvania and wrote/edited an Introduction to Health Law Litigation Based on Contract and Government Claims, published by the ABA’s First Chair Press.

Krauss earned his bachelor’s degree at the University of Michigan and his JD from the University of Pennsylvania, 

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Best Books for Lawyers https://legaltalknetwork.com/blog/2024/06/best-books-for-lawyers/ Thu, 13 Jun 2024 11:00:00 +0000 https://legaltalknetwork.com/?p=36620 While law school teaches students the intricacies of the law and how to pass the bar exam, it often fails to provide practical knowledge. Important skills such as client relationship building, workload management, and handling high-pressure situations are not given enough focus.

Despite this gap in traditional legal education, numerous published works are available today that can help lawyers excel in their profession, better understand the industry, and learn what it truly takes to be a lawyer.

“Dinners with Ruth: A Memoir on the Power of Friendships” by Nina Totenberg

Celebrated NPR correspondent Nina Totenberg shares an incredible memoir of her achievements, challenges, and life-affirming connections, including her nearly fifty-year friendship with Supreme Court Justice Ruth Bader Ginsburg.

The book “Dinners with Ruth: A Memoir on the Power of Friendships” is an exceptional true story of two women who broke down professional and legal barriers, paved the way for future generations, and transformed the workplace.

At the heart of the story is a special relationship between Ruth and Nina. They supported each other through personal joys, illnesses, loss, and widowhood. They shared a love for opera and shopping, recognizing that clothes were necessary for women in a male-dominated workplace. During Ruth’s last year, they had many small dinners, and Saturdays were “reserved for Ruth” in Nina’s house. The book is an incredibly moving story of joy, resilience, and the true meaning of friendship.

To hear more from Nina Totenberg, check out the following episode.

Buy the book from Amazon here.

“The #1 Lawyer” by James Patterson & Nancy Allen

James Patterson, known for his bestsellers in various genres, has always been intrigued by legal novels, crime thrillers, and courtroom dramas. Although he initially considered becoming an attorney, his career as an author took off.

In his most recent book, “The #1 Lawyer,” Patterson worked with co-author Nancy Allen to narrate the tale of Stafford Lee Penney, a criminal defense attorney based in Biloxi, Mississippi. Penney has a flawless record, having never lost a case. However, following his involvement in a high-profile murder trial concerning a mobster’s son, he finds himself accused of murdering his wife. Although the book is fiction, lawyers will appreciate the realistic courtroom depictions and likely relate to the main character’s struggle to find a true work-life balance.

Old book opened in a lawyers office

Because Patterson works with co-authors, he is able to draw from their experiences to make his novels and stories as accurate as possible. For instance, Allen, who has worked as a prosecutor on over 30 jury trials in Missouri and has taught law at Missouri State University for 15 years, provided her firsthand experiences in “The #1 Lawyer,” ensuring its accuracy.

For more information about this new thriller and Patterson’s upcoming projects, check out the following episode.

Buy the book on Amazon here.

“One Damn Thing After Another: Memoirs of an Attorney General” by William Barr 

In the instant #1 New York Times Best Seller, “One Damn Thing After Another: Memoirs of an Attorney General,” the former attorney general, William Barr, provided a truthful account of his tenures serving two very different presidents, George H.W. Bush and Donald J. Trump.

In this candid novel, Barr provides insights into key events of the 1990s, including the Los Angeles riots, Pan Am 103, and Iran Contra. Three decades later, Barr faced relentless challenges, including Russiagate, the COVID-19 outbreak, civil unrest, impeachments, and fallout from the 2020 election. “One Damn Thing After Another” offers a vivid, forthright, and essential perspective on understanding the legacies of both Bush and Trump and shedding light on how both presidents viewed power and justice during critical moments of their presidencies.

If you want to hear more from William Barr, check out the following episode, where Rocky Dhir talks with him about his personal stories from his time as Attorney General and his thoughts on the country’s future.

Other Books You Need on Your Bookshelf

Check out Legal Talk Network Today and Get the Stories You Want

If you’re looking for more information about lawyers, such as how they grew their practice, or want personal experience stories from these legal professionals, Legal Talk Network has a vast amount of helpful content. Explore our archives for more podcasts with lawyers and authors.

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‘The Originalism Trap’ author wants to see originalism dead, dead, dead https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2024/06/the-originalism-trap-author-wants-to-see-originalism-dead-dead-dead/ Wed, 05 Jun 2024 11:00:50 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=36665 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.”
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How to strike up conversations that build your book of business https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2024/05/how-to-strike-up-conversations-that-build-your-book-of-business/ Wed, 29 May 2024 13:00:21 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=36610 Networking is something that comes naturally to some people. But if the idea of talking to strangers makes you break out into a cold sweat, there’s help and hope, says Deb Feder, author of the book After Hello: How to Build a Book of Business, One Conversation at a Time.
“You have picked a profession that is never finished meeting people,” Feder writes of lawyers. A practicing lawyer for many years, Feder now works as a business development coach.
In this episode of The Modern Law Library, Feder explains to the ABA Journal’s Lee Rawles that her goal is to help attorneys have “curious, confident conversations.” They discuss conversation stoppers v. conversation starters; how not to panic when targeting the “cool client”; and how young attorneys can get past “the kids table.”
Lining up a roster of ideal clients doesn’t start at cocktail party mingling, Feder warns. A key to building relationships with the clients you actually want to work with lies in identifying what legal work you’re looking to do, and that requires some inner work. It also involves owning your value, Feder says, and she shares a story about how a partner in her firm impressed that lesson on her when she was a young attorney.
In After Hello, she says she meets people who feel too overwhelmed by keeping up with their legal work and personal lives to contemplate business development. “How do you balance the chaos of the day and allow technology to be the support and solution, rather than part of the challenge; how do you let it serve, not destroy you?” Feder asks. She lays out strategies to organize and cope, including how to stop letting your email inbox overwhelm you.
Feder and Rawles also discuss After Hello’s “30 Conversations in 30 Days Challenge” and the most common mistakes Feder sees lawyers making on LinkedIn.”
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Peter Hoffman https://legaltalknetwork.com/guests/peter-hoffman/ Tue, 28 May 2024 14:46:18 +0000 https://legaltalknetwork.com/?post_type=ltn_guests&p=36602 Peter Hoffman manages the Neighborhood Advocacy program for Legal Services of Eastern Missouri. Neighborhood Advocacy provides free legal services to prevent and eliminate blighted, vacant, and abandoned property. Peter began his legal career in Kansas City where he helped to create Legal Aid of Western Missouri’s “Adopt-a-Neighborhood” program connecting urban neighborhoods with volunteer lawyers. He served as that project’s director until moving home to St. Louis in 2018 to found Neighborhood Advocacy. Peter received his JD/MPA from the University of Missouri-Kansas City with an emphasis in Urban, Land Use, and Environmental Law. Peter’s articles, “Bringing Self-Empowered Revitalization to Distressed Neighborhoods” published in the Journal of Affordable Housing and Community Development Law, and “Legal Services and Pro Bono Lawyers Help Neighborhoods Tackle Vacancy” published in the St. Louis Bar Journal, both spotlight the role pro bono lawyers can play in community revitalization.

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When states’ rights and healthcare access clash https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2024/05/when-states-rights-and-healthcare-access-clash/ Wed, 15 May 2024 21:30:34 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=36550 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?
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‘In the Shadow of Liberty’ shines light on American immigration history https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2024/05/in-the-shadow-of-liberty-shines-light-on-american-immigration-history/ Wed, 01 May 2024 11:00:14 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=36486 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.
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Users keepers: Pirates, zombies and adverse possession https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2024/04/users-keepers-pirates-zombies-and-adverse-possession/ Wed, 10 Apr 2024 11:00:38 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=36369 “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.

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James Patterson dishes on his new legal thriller, ‘The #1 Lawyer’ https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2024/03/james-patterson-dishes-on-his-new-legal-thriller-the-1-lawyer/ Wed, 20 Mar 2024 14:45:19 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=36245 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.

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Karl Seelbach https://legaltalknetwork.com/guests/karl-seelbach/ Tue, 12 Mar 2024 14:21:37 +0000 https://legaltalknetwork.com/?post_type=ltn_guests&p=36210 Karl Seelbach, a litigator, is the co-founder of Skribe, an artificial intelligence-based court reporting and transcription service. He has over 17 years of experience in the courtroom, representing clients in personal injury, business and employment litigation. Before launching his own law firm in 2015, Seelbach worked as a litigation partner at one of Texas’ largest law firms, Winstead. He received his law degree from the South Texas College of Law in Houston and his undergraduate degree from Stephen F. Austin State University. In his free time, he enjoys spending time with his wife and daughters in Dripping Springs, Texas.

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‘When Rape Goes Viral’ looks at why cases like Steubenville happen https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2024/03/when-rape-goes-viral-looks-at-why-cases-like-steubenville-happen/ Wed, 06 Mar 2024 15:45:56 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=36176 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.

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NY law prof is calling on ‘Lawyer Nation’ to reform https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2024/02/ny-law-prof-is-calling-on-lawyer-nation-to-reform/ Wed, 28 Feb 2024 12:00:08 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=36138 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.

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‘Police & the Empire City’ explores race and the origins of the NYPD https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2024/02/police-the-empire-city-explores-race-and-the-origins-of-the-nypd/ Wed, 14 Feb 2024 15:30:30 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=36065 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.

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Yale Law’s Owen Fiss talks about threats to democracy and ‘Why We Vote’ https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2024/01/yale-laws-owen-fiss-talks-about-threats-to-democracy-and-why-we-vote/ Wed, 31 Jan 2024 12:00:45 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=36012 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.
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Access to justice can be achieved, says ‘Law Democratized’ author–but not without change https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2024/01/access-to-justice-can-be-achieved-says-law-democratized-author-but-not-without-change/ Wed, 10 Jan 2024 12:00:12 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=35946 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.

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A Year to Remember: Reflecting on 2023 and Looking Forward 2024 with Legal Talk Network https://legaltalknetwork.com/blog/2023/12/a-year-to-remember-reflecting-on-2023-and-looking-forward-2024-with-legal-talk-network/ Sun, 31 Dec 2023 03:52:47 +0000 https://legaltalknetwork.com/?p=35853 As we bid farewell to 2023, Legal Talk Network takes a moment to celebrate the incredible journey we’ve had over the past year. From welcoming new shows to bidding adieu to some of our longest-running hosts, 2023 was a tremendous year of growth, change, and exploration. Here’s a snapshot of the milestones that shaped our year.


New Shows, New Perspectives

In 2023, Legal Talk Network proudly introduced two new shows: the Sidebar podcast and the California Innocence Project podcast. Sidebar engages legal experts in discussions about current challenges to individual constitutional and civil rights, while the California Innocence Project Podcast shares the compelling stories of innocent people convicted for crimes they didn’t commit, offering a powerful platform for their voices.

For the Innocent Podcast
For the Innocent Podcast
Sidebar


Revamp of the ABA Law Student Podcast

Our commitment to providing engaging and diverse content led to a revamp and relaunch of the ABA Law Student Podcast. Now featuring two Law Student Hosts and a Faculty Host, this fresh format brings diverse perspectives and interests to our listeners, creating engaging and informative content.

Farewell to Legal Tech Luminaries

After nearly 13 years and over 350 combined episodes, Legal Talk Network bid a fond farewell to three of our most cherished and longest-running hosts – Sharon Nelson, John Simek, and Jim Calloway. Their contributions to shows like Digital Detectives and The Digital Edge have left an indelible mark on the legal technology community. 

A Year of Insightful Content for Lawyers and Legal Professionals

Throughout the past year, we remained committed to delivering the best possible content to our audience. From delving into the transformative impact of artificial intelligence to covering the latest developments in legal news and entertainment, our goal has always been to provide lawyers and legal professionals with insightful discussions that keep them informed and connected. 

As we look towards 2024, Legal Talk Network remains steadfast in its commitment to being the leader in legal podcasting, dedicated to delivering content that not only reflects the evolving legal landscape but also empowers and enriches the professional journey of our listeners.

Looking Forward to 2024

As we reflect on the achievements of 2023, we eagerly anticipate what lies ahead in 2024.  Legal Talk Network is dedicated to continued growth and excellence, striving to deliver the best content possible to legal professionals and our listeners. Thank you for being part of our journey – here’s to a fantastic year ahead. Cheers to 2024!


Some of Our Top Episodes from 2023

Law School and Young Lawyers
Legal Technology
Law Firm Marketing & Management
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How to plan your post-law life https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2023/12/how-to-plan-your-post-law-life/ Wed, 20 Dec 2023 12:00:12 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=35860 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.

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Our favorite pop culture picks in 2023 https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2023/12/our-favorite-pop-culture-picks-in-2023/ Wed, 06 Dec 2023 12:00:42 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=35726 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.

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Anna Stolley Persky https://legaltalknetwork.com/guests/anna-stolley-persky/ Tue, 05 Dec 2023 21:38:51 +0000 https://legaltalknetwork.com/?post_type=ltn_guests&p=35729 Anna Stolley Persky, an accomplished legal affairs writer, became a valued member of the ABA Journal team in 2023. Prior to joining the staff, she contributed as a freelance writer for the Journal and various other legal publications. With a diverse background, Persky has served as a reporter at esteemed organizations such as Bloomberg News, the Los Angeles Times Westside Weekly section, and the Los Angeles and San Francisco Daily Journals. Additionally, she has enriched her experience as a legal affairs producer at Fox News Channel.

Persky holds a Juris Doctor (JD) degree from the University of California at Davis King Hall School of Law and a Bachelor of Arts (BA) in liberal arts studies from Sarah Lawrence College. Demonstrating her commitment to continuous learning and creativity, she is on track to receive her Master of Fine Arts (MFA) in creative writing from George Mason University in 2024.

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How is the true crime genre impacting the way people think about innocence? https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2023/11/how-is-the-true-crime-genre-impacting-the-way-people-think-about-innocence/ Wed, 22 Nov 2023 12:00:25 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=35653 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.

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Law grad turns culinary passion into TikTok fame and a brand new cookbook https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2023/11/law-grad-turns-culinary-passion-into-tiktok-fame-and-a-brand-new-cookbook/ Wed, 08 Nov 2023 12:00:52 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=35546

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.

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So Long and Farewell: Asked and Answered’s host is stepping down https://legaltalknetwork.com/podcasts/aba-journal-asked-and-answered/2023/10/so-long-and-farewell-asked-and-answereds-host-is-stepping-down/ Mon, 30 Oct 2023 18:00:37 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=35506 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.

 

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How reckoning with trauma can help you, your clients and the legal profession https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2023/10/how-reckoning-with-trauma-can-help-you-your-clients-and-the-legal-profession/ Wed, 25 Oct 2023 20:30:25 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=35486 “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.

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Christina Gregg https://legaltalknetwork.com/hosts/christina-gregg/ Thu, 19 Oct 2023 19:49:14 +0000 https://legaltalknetwork.com/?post_type=ltn_hosts&p=35462 Christina Gregg is an associate at the Boston office of Berman Tabacco, where she litigates complex civil actions seeking financial justice for consumers and investors. Christina focuses her practice on securities and complex civil litigation.

Christina is a 2021 graduate of Suffolk University Law School. While in law school, Christina interned with the Massachusetts Attorney General’s Office in the Environmental Protection Division, where she assisted in both regulatory enforcement and consumer protection actions against entities including ExxonMobil and Bayer AG. She also served as a legal intern for the Honorable David A. Lowy of the Massachusetts Supreme Judicial Court. During law school, Christina also served as managing editor of the Suffolk Law Journal of Trial & Appellate Advocacy and president of the Environmental Law Society.

Prior to law school, Christina worked in political operations and communications, including tenures as campaign manager for a gubernatorial candidate and communications director for a Massachusetts state senator. Christina’s experiences prior to law school influence her contextual approach to litigation and make her a fierce writer and advocate for clients.

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Transform your negotiations with a win-win-win mindset, says author Sarah Federman https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2023/10/transform-your-negotiations-with-a-win-win-win-mindset-says-author/ Wed, 11 Oct 2023 11:00:19 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=35370 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.

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Complex litigation judge has 50 ideas to simplify the courts https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2023/09/complex-litigation-judge-has-50-ideas-to-simplify-the-courts/ Wed, 06 Sep 2023 11:00:08 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=35122
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.

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Summer reading and back-to-law-school tips https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2023/08/summer-reading-and-back-to-law-school-tips/ Wed, 23 Aug 2023 11:00:10 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=35075 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.

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Trial lawyer’s tales include wins, losses and international intrigue https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2023/08/trial-lawyers-tales-include-wins-losses-and-international-intrigue/ Wed, 09 Aug 2023 11:00:27 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=34995 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.

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Is family court too flawed to be fixed? https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2023/07/is-family-court-too-flawed-to-be-fixed/ Wed, 26 Jul 2023 11:00:43 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=34880 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.

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Didn’t get it in writing? There may still be a way, says author of ‘Litigating Constructive Trusts’ https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2023/07/didnt-get-it-in-writing-there-may-still-be-a-way-says-author-of-litigating-constructive-trusts/ Wed, 12 Jul 2023 11:00:29 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=34818 “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 litigation, 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.

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Melissa Felder Zappala https://legaltalknetwork.com/guests/melissa-felder-zappala/ Fri, 30 Jun 2023 20:17:57 +0000 https://legaltalknetwork.com/?post_type=ltn_guests&p=34749 Melissa Felder Zappala is a counsel in the litigation department of Paul, Weiss, Rifkind, Wharton & Garrison LLP. She focuses on complex commercial litigation including antitrust, class actions, and business tort disputes, as well as conducting internal investigations. Over the past 15 years, she has been involved in high profile matters including high stakes trial teams involving major technology companies. Zappala represented Uber in Waymo v. Uber, which was a hotly contested trade secrets case regarding the future of self-driving cars, as well as in Malden v. Uber where she was part of the team that secured a complete victory on behalf of Uber against plaintiffs asserting unfair competition claims and seeking over $750 million in damages. She has also represented financial institutions and Fortune 500 companies including one in a month-long trial in California state court involving alleged contractual breaches.

Zappala is also committed to pro bono work. She has taken on pro bono cases involving disability rights and housing issues, and she previously served on the boards of the Washington Lawyers’ Committee for Civil Rights and Urban Affairs and Gaylaw.

She was recognized by the National Law Journal in 2015 as one of the Washington, D.C. area’s top 40 lawyers under 40 and has been featured in articles published in the ABA Journal and the American Lawyer. Zappala earned her bachelor’s degree at Yale University and her J.D. at the Georgetown University Law Center.

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Dr. Terrell Lamont Strayhorn https://legaltalknetwork.com/guests/dr-terrell-lamont-strayhorn/ Tue, 13 Jun 2023 16:09:27 +0000 https://legaltalknetwork.com/?post_type=ltn_guests&p=34575 Dr. Terrell Lamont Strayhorn is one of the most prolific and influential scholars in the fields of education, psychology, and the academic study of diversity, equity, inclusion, and belonging (DEIB). Named of the country’s “Top Diversity Scholars” by Diverse Issues in Higher Education and a remarkable “Bridge-Builder” between academic- and student affairs by one of ACPA’s commissions, Strayhorn has authored 12 books, including the award-winning College Students’ Sense of Belonging(2nd ed, 2019), and over 200+peer-reviewed journal articles and academic publications. His research has been cited, endorsed, or financially supported by over $10 million from the most premiere agencies in the world including Lumina Foundation, Annie E. Casey Foundation, National Science Foundation, to name a few. One of his core passions is translating research-to-practice in ways that improve the material conditions and lived experiences of our most vulnerable populations. He accomplishes this mission largely through the more than 2000+ public talks, distinguished lectures, and keynotes he has delivered across the globe. A respected thought-leader and highly-sought speaker, Strayhorn’s ground-breaking research has been heated in many outlets including The Washington Post, The Chronicle of Higher Education, Huffington Post, Essence, and Diverse Issues, to name a few. He is President and CEO o fDo Good Work Consulting Group, a minority-owned business that partners with hundreds of colleges, universities, corpora4ons, and agencies each year to enhance culture, build inclusive environments, and boost belonging in ways that raise morale, increase retention, improve people’s journey, and help organizations hit their bottom line. He’s a Contributing Writer for Entrepreneur, Thrive Global, All Business, and Psychology Today, where he leads the “Belonging Matters” blog. Strayhorn is Professor of Education and Psychology; Director of the Center for the Study of HBCUs, and Principal Investigator of The Belonging Labat Virginia Union University. He is Diversity Scholar-in-Residence at Harrisburg Area Community College, Fellow of AGB’s Institute for Leadership & Governance, and member of several non-profit boards including Minds Beyond Measure, Rainbow Labs, and the MCT Educational Foundation. He is a proud member of Alpha Phi Alpha Fraternity Incorporated.

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SCOTUS faces ‘a catastrophic loss of institutional legitimacy,’ warns author https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2023/06/scotus-faces-a-catastrophic-loss-of-institutional-legitimacy-warns-author/ Wed, 07 Jun 2023 11:00:04 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=34531 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.

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‘The Shadow Docket’ shines light on an increasingly uncommunicative Supreme Court https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2023/05/the-shadow-docket-shines-light-on-an-increasingly-uncommunicative-supreme-court/ Wed, 17 May 2023 11:00:43 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=34399 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.

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End of the Cold War launched new efforts to build the rule of law https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2023/05/end-of-the-cold-war-launched-new-efforts-to-build-the-rule-of-law/ Wed, 10 May 2023 11:00:48 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=34364

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.

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What the Silicon Valley Bank failure means for our financial institutions https://legaltalknetwork.com/podcasts/aba-journal-legal-rebels/2023/04/what-the-silicon-valley-bank-failure-means-for-our-financial-institutions/ Wed, 12 Apr 2023 11:00:15 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=34108 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.

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‘Never Far from Home’ brings readers from NYC projects to 90s hip-hop scene to Microsoft offices https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2023/04/never-far-from-home-brings-readers-from-nyc-projects-to-90s-hip-hop-scene-to-microsoft-offices/ Wed, 05 Apr 2023 15:30:21 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=34078 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.

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Why NYT v. Sullivan mattered in 1964 and is under attack today https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2023/03/why-nyt-v-sullivan-mattered-in-1964-and-is-under-attack-today/ Wed, 29 Mar 2023 11:00:24 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=33974 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.

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In ‘Her Honor,’ trailblazing women judges take center stage https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2023/03/in-her-honor-trailblazing-women-judges-take-center-stage/ Wed, 08 Mar 2023 15:00:59 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=33809 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.

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ABA TECHSHOW 2023 https://legaltalknetwork.com/blog/2023/03/aba-techshow-2023/ Mon, 06 Mar 2023 17:32:05 +0000 https://legaltalknetwork.com/?p=33777

ABA Techshow 2023

Helmed by Co-Chairs Gyi Tsakalakis and Jeannine Lambert, the 2023 ABA TECHSHOW returned to the Hyatt Regency in Chicago (March 1-4). This marks the 2nd year of in-person gatherings for this legal technology conference since the Pandemic waned. In a good way, this year’s event felt more like business-as-usual. Regardless of someone’s tech knowledge, there were plenty of programs and access to experts giving a leg-up on law firm operations. Legal tech companies were more than happy to discuss products and services making the practice of law easier/more profitable. In addition, knowledgeable speakers (usually attorneys) generously shared their secrets to running better firms and getting the most out of practice life.

At last check, the Expo Hall was nearly sold to capacity. In terms of the vendors, there were small booth offerings for newly minted start-up companies as well as larger spaces for the more established companies. Hosted by long time legal technology journalist Bob Ambrogi, day one’s opening event was the 7th annual start-up pitch competition for companies in the legal tech space. This year’s winner was Universal Migrator, a company that makes migrating practice management or document management platforms simpler.

As for our podcast coverage, we were excited to talk with expert speakers about topics like Non-Fungible Tokens (NFTs), the Metaverse, Web 3, and A.I. Like many others out there, we’ve heard about Chat GPT’s use of artificial intelligence and this year’s ABA TECHSHOW gave us an opportunity to learn much more about it. On the regulatory front, we also hosted a discussion about the ABA’s Model Rules of Professional Conduct 5.4 and 5.5 (Fee Sharing, Law Firm Ownership Models, and Unauthorized Practice of Law). For a complete list of our podcast episodes and notable guests, please see below:

The Lowdown

Conference Chair Gyi Tsakalakis stops by to give a quick run-down of the event and gives advice on how to get the most out of this annual gathering. Stay tuned for a little timeless Stoic Wisdom.

Insights From the Legaltech Visionaries Panel

Top Entrepreneurs in Legal Tech (Jack Newton, Kimberly Bennett, Jazz Hampton, & Erin Levine) sit down to discuss the ethos of innovation, overcoming fear, and motivational advice for making dreams come true…

Integrations In Law Practice

Catherine Stock and Tressa Schultze discuss the value and benefits for their customers following the integration of MyCase into Infotrack.

The Fourth Dimension – Law in the Metaverse

We take a special trip into the Metaverse and discuss the emerging legal issues inside this new world with Mathew Kerbis, Diane LittleJohn, and Kristen Roberts. Spoiler: There are a lot of ways for attorneys to make money there.

Web3 and Law Firm Financials

From Crypto-Currencies to Non-Fungible Tokens, there are a lot of ways to create, buy, and sell digital property. But when is it considered property vs. currency? The answer to that question triggers a variety of legal issues. Jessica Neer McDonald and Jamie Szal give us the walk-through.

Using AI in Litigation

Artificial Intelligence might be here to stay but is it ready for litigation? Pablo Arredondo and Stephen Embry stop by to discuss the proper way lawyers should be using today’s A.I. as well as predict the future implications of this rapidly developing technology.

Public Hearing on Proposals to Amend Rules of Professional Conduct 5.4 and 5.5

When it comes to fee sharing, law firm ownership, and the unauthorized practice of law, there are a wide gamut of opinions. Thankfully, we have an expert panel (Lynda Shely, Darth Vaughn, Jayne Reardon, and Ed Walters) to give us a road map on what’s being discussed by the American Bar Association for their Model Rules of Professional Conduct

Notable Guests (in alphabetical order):

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In ‘Myth America,’ historians challenge misinformation about our past https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2023/02/in-myth-america-historians-challenge-misinformation-about-our-past/ Wed, 22 Feb 2023 12:00:18 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=33724

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.

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Bestselling author relished collaboration for ‘Heat’ follow-up https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2023/02/bestselling-author-relished-collaboration-for-heat-follow-up/ Wed, 08 Feb 2023 12:00:50 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=33634 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.”

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From Amanda Knox to Kyle Rittenhouse, lawyer discusses justice and due process in the digital age https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2023/01/from-amanda-knox-to-kyle-rittenhouse-lawyer-discusses-justice-and-due-process-in-the-digital-age/ Wed, 25 Jan 2023 12:00:41 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=33567 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.

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Julianne Hill https://legaltalknetwork.com/hosts/julianne-hill/ Mon, 23 Jan 2023 23:15:55 +0000 https://legaltalknetwork.com/?post_type=ltn_hosts&p=33568 Julianne Hill is an award-winning writer, reporter and strategic content producer who’s work often focuses on health. Her work has appeared on NPR’s “This American Life” and “Morning Edition,” PBS, The History Channel, Real SimpleABA JournalTriquarterly Online and Writer’s Digest.

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Jason Tashea https://legaltalknetwork.com/guests/jason-tashea/ Tue, 27 Dec 2022 16:59:37 +0000 https://legaltalknetwork.com/?post_type=ltn_guests&p=33411 Jason Tashea is a writer and entrepreneur exploring the intersection of justice and society. A lawyer by training, he is the founding director and a co-founder of the Judicial Innovation Fellowship program at Georgetown. He’s previously been a consultant at the World Bank, a product manager at a justice technology startup, and an adjunct professor of law at Georgetown University Law Center. He’s also the editor of the JT/DL, a newsletter on the future of justice and the creator of 40 Futures, a speculative fiction podcast about the criminal justice system.
He has traveled around the globe speaking on artificial intelligence and justice system modernization. He previously worked as a journalist covering law and technology, who has had his work published by the ABA JournalTechnical.ly, and Wired.
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This lawyer tackled lifelong anxiety to free herself from ‘The Box’ https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2022/12/this-lawyer-tackled-lifelong-anxiety-to-free-herself-from-the-box/ Wed, 21 Dec 2022 12:00:38 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=33385 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.

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Sateesh Nori https://legaltalknetwork.com/guests/sateesh-nori/ Mon, 19 Dec 2022 20:29:15 +0000 https://legaltalknetwork.com/?post_type=ltn_guests&p=33372 Sateesh Nori is a lawyer, law professor, and author. For twenty years, he represented tenants across New York City at various legal services organizations. He was a commissioner of the 2019 Charter Revision Commission. He serves as the Senior Legal Innovation Strategist at Just-Tech. He co-created and co-teaches the Housing Rights Clinic at NYU Law. Sateesh is a graduate of Johns Hopkins University and NYU Law. Sateesh was named a “Rising Star” by the New York Law Journal, one of “Queens’ Power 50,” and was featured as a “Legal Rebel” in the Spring 2021 ABA Journal. In 2023, he was a recipient of the New York City Bar Association’s “Legal Services Award.” In 2023, he published a book about his work as a housing attorney, entitled “Sheltered: Twenty Years in Housing Court.”

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Our favorite pop culture picks in 2022 https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2022/12/our-favorite-pop-culture-picks-in-2022/ Wed, 07 Dec 2022 18:00:43 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=33330

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.

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Julianne Hill https://legaltalknetwork.com/guests/julianne-hill/ Wed, 07 Dec 2022 17:04:38 +0000 https://legaltalknetwork.com/?post_type=ltn_guests&p=33328 Julianne Hill is an award-winning writer, reporter and strategic content producer who’s work often focuses on health. Her work has appeared on NPR’s “This American Life” and “Morning Edition,” PBS, The History Channel, Real SimpleABA JournalTriquarterly Online and Writer’s Digest.

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Can change really come from within the system? These 13 prosecutors think so https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2022/11/can-change-really-come-from-within-the-system-these-13-prosecutors-think-so/ Wed, 30 Nov 2022 12:00:28 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=33279
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 bookChange 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.
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