Host Jim Reeder is a longtime, accomplished litigator with a deep understanding of the nuances of successful mediation. And guest John Barkett is an experienced, internationally recognized, and board-certified mediator and arbitrator, overseeing settlements in complex cases involving environmental law and construction.

Mediating or arbitrating a case is a complicated and deeply rewarding field, as Barkett explains. Not only are experience and training crucial, but a successful outcome can also rely on a mediator’s temperament. For litigators, finding the right mediator is vital. If you haven’t been involved in a high-stakes arbitration or mediation, you will be someday. 

Get real insights you can use from true pros, from choosing the right mediator to preparing clients for their role and making your opening presentation. Learn what you need to do in advance and how to evaluate risks and likely outcomes before you walk into a session.

Plus, a quick tip from Elizabeth S. “Beth” Fenton, author, experienced attorney, and co-chair of the American Bar Association’s Mental Health & Wellness Committee.

Resources:

American Bar Association

American Bar Association Litigation Section

American Bar Association Litigation Section committee on Mental Health & Wellness

Guest Nicole Gill, author of Best Practices for E-Discovery: A Practical Handbook (American Bar Association), explains how new sources of digital data emerge almost daily and how rules of collecting and preserving data trails, as well as data generated by AI chatbots, are constantly evolving. You need to stay up to date or you’ll be left behind.

Knowing how to broadly expand your discovery requests can be crucial. It’s every attorney’s duty to understand the digital environments where important information, records, and communications live (and sometimes hide). Snapchat, WhatsApp, Facebook, and Slack are changing the way your own clients, and any subject of discovery requests, communicate. What must be preserved and what can be reviewed? And how are countries outside the United States (including China and the EU) managing data and privacy?

Plus, a quick tip from guest Lindsay Polega as she explores the value of taking on pro bono work. It can be hard to take a full-time job fighting for justice. Those jobs don’t pay well, and many attorneys are wrestling with overwhelming student loans. But you can still do good by taking on some pro bono work, helping others while getting back to the ideals that got you into the field of law.

Resources:

Slack

WhatsApp

Snapchat

ChatGPT

Thomson Reuters CoCounsel

American Bar Association

American Bar Association Litigation Section

Hear how they make time for their passion for music, and how the outlet releases stress and opens paths to creative thinking and strategies they’ve applied to their legal careers and cases. Their passion for music inspired them to co-write the Litigation article “Rock Around the Court: How Copyright Litigation Reflects the Muddy Origins of Rock ‘n’ Roll,” which explores the legal issues surrounding music and creativity.

As those who came before influence styles later, music copyright claims have led to legal cases that shape the world of music and art. Lawsuits continue to this day. What’s “inspiration” and what’s copyright infringement? From Elvis to Led Zepplin to today.

Now, imagine where the brave new world of AI is going to take us.

Resources:

“Rock Around the Court: How Copyright Litigation Reflects the Muddy Origins of Rock ‘n’ Roll,” by Chris Patton and Andrés Correa, Litigation Journal

“Jimmy Page, Sony Pictures Sued by Songwriter Over Led Zeppelin Song,” Reuters

“Led Zeppelin Emerges Victor in ‘Stairway to Heaven’ Plagiarism Case,” Reuters

“George Harrison’s “My Sweet Lord” Copyright Case,” Performing Songwriter

“Robin Thicke, Pharrell Williams to Pay $5 Million to Marvin Gaye Estate for ‘Blurred Lines’” NBC News

“Reggaeton Copyright Infringement Lawsuit Targeting Over 100 of the Genre’s Biggest Acts to Move Forward,” Variety

American Bar Association

American Bar Association Litigation Section

Hear how Meadors and the prosecution team maintained focus and composure under the glare of television cameras and inside a packed courtroom facing a highly skilled and experienced defense team. The pressure during the weeks-long trial was enormous as reporters struggled to uncover every detail while attorneys and the court worked to maintain decorum and ensure a fair and just outcome. 

Meadors will join the American Bar Association’s Litigation Section Annual Conference as a guest in a session titled, “The Court of Public Opinion: Litigating in the Media Spotlight.” In addition to the conversation with John Meadors, this episode features Larry Kristinik, Chair of the ABA Litigation Section, who provides tips on preparing for large legal conferences, and Judge Griselda Vega Samuel, who highlights the upcoming ABA Litigation Section Annual Conference in Chicago.

Your reputation is vital. Hear how to become the most trusted person in the room and a good teammate with a clear, honest voice. Build your reputation with everything you do, whether that’s being impeccably prepared or simply being on time and organized. Think about how you want others to see you (and what you want them to say about you when you’re not in the room).

Little things matter, like knowing the rules. Not just the stuff you learned in law school, but state and local rules, even rules specific to an individual judge.

Being a top litigator is all about being professional, honest, trustworthy, dependable, and prepared. Take advantage of this insightful, heartfelt mentoring session from three litigators who have been there, done that, and built successful careers. (And don’t forget to be good to yourself.)

Resources:

American Bar Association

American Bar Association Litigation Section

—————————————————–

Attracting, retaining, and promoting a diverse panel of experts remains an important issue for successful attorneys winning cases. A diverse panel of attorneys and experts leads to better thinking by helping legal teams understand how jurors with different backgrounds and experiences will interpret evidence and testimony. 

Guests Tiffany Shimada and Deepa Sundararaman explain how optimal results follow when we widen the thought process and open ourselves to new angles and ways of thinking. Hear how a diverse team of lawyers and experts can help legal teams spot storylines and arguments that persuade juries.

Tiffany and Deepa share examples of when broadening the team and seeking diverse opinions, experiences, and networks worked. Diversity isn’t about politics. It’s about winning cases and satisfying clients. 

Hear how you can broaden your network of experts and tap into new perspectives you may not have considered, perspectives that could sway jurors in ways you might be missing. 

Resources:

McKinsey & Company, “Diversity Matters Even More: The Case For Holistic Impact” 

National Association of Women Lawyers

American Bar Association

American Bar Association Litigation Section

LeBoff explains that client issues are, in most case, simply a matter of communication, payment, or a client’s frustration with the legal system. The system is complicated, cases take time, and costs may surprise unprepared clients. A lot of this is about managing client expectations. For instance, if a case is held up in a court calendar, communicate to your client that you’re still on the case and let them know what’s going on.

But despite all efforts, sometimes things simply don’t work out and you may need to fire a client. It could be over slow payments or because a client has pushed you to behave unethically. Withdrawing from a case has its complications, ethical considerations, and Bar requirements. In these situations, it helps if you’ve documented everything in writing. That includes your strategy, desired outcomes, and costs. 

Listen to this episode for best practices, how to protect yourself, and how to avoid minefields.

RESOURCES:

ABA Rule 1.16: Declining or Terminating Representation

American Bar Association

American Bar Association Litigation Section

Finding an expert witness goes beyond fancy credentials and an impressive CV. Guest Deena Pack is a senior manager of expert witnesses for Round Table Group, which wrangles experts for attorneys in cases nationwide. She’s joined by Dan Elms, a shareholder and veteran litigator with the law firm Greenberg Traurig. Let’s dig in. 

It starts with the CV, but there’s more to it. Don’t be afraid to start with a video interview. Experts may look good on paper, but it’s important to know if they can convey their expertise to a jury in a clear, relatable manner. Presentation and communication can be as important as expertise and authority. Your client’s case may hinge on the experts you select. Don’t be shy about challenging them (because opposing counsel sure will). 

The jury must trust your witness, but that can be a delicate dance. Too aloof, you lose your audience. Too casual, the jury may wonder if your witness is really an expert. And don’t forget the practicalities. You need an available witness, not someone with a planned lengthy vacation on their calendar. Is the expert a team player who could suggest angles you haven’t considered? What about references from other lawyers? 

Plus, it’s important to understand what kind of expert you need for your case. Industry knowledge can differ from academic expertise. Can your experts explain where their academic qualifications extend into the specifics of your case? Get the inside scoop on the art of selecting expert witnesses from two guests who live this. 

Resources:

American Bar Association

American Bar Association Litigation Section

Bullying is a real problem in the legal profession impacting recruitment, retention, and even driving lawyers out of the field. Guests Stephanie Scharf and Bobbi Liebenberg, through The Red Bee Group consulting firm, co-authored a report commissioned by the Illinois Supreme Court Commission on Professionalism titled “Bullying in the Legal Profession: A Study of Illinois Lawyers’ Experiences and Recommendations for Change.”

We’ve heard anecdotes about bullying in the legal profession, but while anecdotes get some attention or raise eyebrows, they don’t drive change. That takes data. The study produced by Liebenberg and Scharf produced a mountain of compelling data through a survey of more than 6,000 Illinois attorneys. The shocking result: One in four lawyers surveyed reporting bullying. Numbers don’t lie, bullying in the legal profession happens. A lot.

Bullying is more than incivility and rudeness. It involves power imbalances, intimidation, humiliation, and control. Sometimes it’s even physical.

The study delivers a deep dive into a problem that has received little to no formal examination. Bullying impacts every field and lawyer in the profession, but it’s especially problematic for younger lawyers, women, people with disabilities, and people of color. It’s not “just hazing” and it can no longer be tolerated. This episode will have people talking.

Guests Anne Marie Seibel and Paula Hinton are experienced and highly successful litigators who explain how they learned to balance family and careers, professional goals, and personal aims. There are times when one part of your life demands your full attention, and then there are times when it’s acceptable to say “no” to a request. 

Learning to follow mentors, listen to colleagues, and balance family is an art. A big part of this is building your “board of directors,” people you trust to give you honest feedback, people you can lean on for both support and guidance. 

Your life, professional and personal, is a marathon, not a sprint. Take a moment now and then to listen to yourself and your “team” to learn where you are, where you’re going, and what you want. Life throws a lot at you – sometimes things you can’t control, like the COVID pandemic – and each challenge can take control of your career and your life if you let it. Take charge of your life. 

Resources:

Previously on Litigation Radio, “Step by Step: How a Prominent Litigator Build Her High-Profile Career”

American Bar Association

American Bar Association Litigation Section

When is it time, and how do you know, to step back from your busy, often hectic, law practice and move on to a new chapter. And how do you prepare? Guests Charla Stevens and David Soley have both been highly successful attorneys in New England. Stevens moved on from her work at a law firm to establish a consulting firm, Charla Stevens Consulting. Soley continues to work at the firm Berstein Shur and is the author of the American Bar Association book “Transitioning to Happiness: Type A Lawyers and Retirement.”

Soley says lawyers should start preparing now. Being a trial lawyer is a passion, but it’s important to regularly take stock and reflect on your situation. How do you feel? Are you still excited? What would you do if you were no longer a lawyer? It’s important to stay in touch with yourself and create a plan for your second act so that you’ll have an “escape hatch” when you realize it’s time to go. Don’t wait for the last minute.

Stevens’ former firm even encouraged litigators to think ahead and understand how many hours they want to work. Hear how she learned to recognize the factors that nudged her to step away and engage in something new. The loss of empathy, stress even outside the workplace, headaches, and even lack of sleep can all be warning signs.

We know good litigators are “Type A,” people. And our guests agree a rocking chair isn’t the answer for many of us. Hear how you can identify your other passions, outside the law, and pursue them. Make a list, make a plan, get excited. Consulting, writing, travel, sports, volunteering, teaching? They can offer a fulfilling way to engage and excel. There is life outside the courtroom.

Resources:

More than 10,000 federal class action cases were filed last year, covering a range of areas including securities, antitrust, employment, and consumer protection. What do they have in common? They often rely on an economist’s expert analysis and testimony. So how early should you hire an economist to pick through the data?

Guest Jeffrey Klenk, a managing director with the consultant firm Berkeley Research Group (BRG), shares best practices for working with an economist expert witness.

Hear how an economist can help litigators, judges, and juries understand what matters in a case by dissecting transaction-level data, valuations, and the impact of outside influences you may not have considered. Here’s a spoiler: Klenk says it can be “fiendishly difficult” to not only understand the merits of a case but also the viability as a class action for both the defense and plaintiffs.

From analyzing a case’s potential before filing, to focusing depositions, and to courtroom testimony, an economist can be a litigator’s most valuable tool. When economists and attorneys work together, good things can happen.

Plus, a “quick tip” from Latosha M. Ellis of the firm Hunton Andrews Kurth on professional civility. You don’t have to agree with, or even like, everyone. But remember, what goes around comes around.

Resources:

 “Goldman Sachs Settles 2014 Class Action Lawsuit Tied To Metal Trades”

“Court Rejects Antitrust Suit In Victory For Comcast” 

Berkeley Research Group (BRG)

“United States – Economist’s Perspective (2023/2024): Class Actions – Litigation, Policy and Latest Developments” by Noureen Akber, Jeffrey Klenk, and Mike McDonald

2024 Professional Success Summit, American Bar Association 

“About Section 337,” United States International Trade Commission

American Bar Association

American Bar Association Litigation Section

The modern regulatory state of the federal governments evolved after the Great Depression during the New Deal to tighten lax oversight blamed for many elements that led to the Depression. As new agencies were created, regulators came to enforce developing legislation, such as the Securities Exchange Act and labor rules. Seventy plus years later, we have our alphabet soup of federal agencies.

Expect a slew of new challenges and litigation to follow. “It is impossible to overstate what a complete wreck this is going to make of everything,” says guest and associate professor of administrative law Gwendolyn Savitz, calling the effect of the rulings “calamitous.” How can legislators put the toothpaste back in the tube?

“Chevron’s a big deal, its reversal is a big deal,” adds guest and regulatory law veteran Paul Weiland. If you’re involved in regulatory law, you can’t miss this episode.

Resources:

“Reassessing Administrative Finality: The Importance of New Evidence and Changed Circumstances,” by Gwendolyn Savitz

Administrative Procedures Act, Cornell Law School

“Loper Bright, Skidmore, and the Gravitational Pull of Past Agency Interpretations,” Yale Journal of Regulation 

Chevron U.S.A. v. Natural Resources Defense Council, via Justia

Corner Post, Inc. v. Board of Governors of the Federal Reserve System, SCOTUSblog

Loper Bright Enterprises v. Raimondo, SCOTUSblog

Magnuson-Stevens Fishery Conservation and Management Act, NOAA

“The Supreme Court Ends Chevron Deference – What Now?” NRDC

American Bar Association

American Bar Association Litigation Section

Together, the two provide real-life tips for students in associate programs. Hear the things they look for in an associate and clerk and how these programs lead to job offers. Associateships and clerkships are opportunities often not available to students in other career paths. Make the most of them. 

In a summer program, remember your goals. Do good work and build relationships. Remember why you’re in an associateship or clerkship. Hear what firms are looking for and how they judge performance. These programs are job interviews. Not just for the firm but for students exploring the firm. Learn what makes a good cultural fit. Both sides are observing each other. 

Attitude is everything. Be positive. Say yes to opportunities. And make the most of your summer program. 

Resources:

Carrington Coleman Sloman & Blumenthal LLP

American Bar Association

American Bar Association Litigation Section

Guests Aaron Krauss and Brett Watson participated in the development of the ABA’s new book, Banking on It: The Ten Most Common Claims Involving Banks. Banking on It is a practical guide to navigating banking litigation. Aaron and Brett are experienced in litigating fraud, credit issues, and lending cases involving banks and financial institutions.

Banking litigation usually involves institutions such as credit unions, commercial and retail banks, and even nationally and state-chartered banks. It’s an area full of opportunities for litigators interested in banking regulatory law and the constantly shifting landscape. For example, when was the last time you wrote a check to pay for something?

It’s a jungle out there. Anything can happen in the world of banking regulation and litigation. Scams are common, and banks are frequent targets. Tune in to this episode and learn more!

RESOURCES:

Cozen O’Connor

“Banking on It: The Ten Most Common Claims Involving Banks”

“How Banks Should Respond To Calif. AG’s Overdraft Warning,” Law360, by Brett Watson

Law360 articles by Aaron Krauss

American Bar Association

American Bar Association Litigation Section

Expert witnesses can play a pivotal role in litigation, offering insights and testimony that can make or break a case. But where do you find them, and how do you ensure it’s the right one? 

Guests Genevieve M. Sauter of Noonan Lance Boyer & Banach LLP, and Dan Rubin, national business development manager for the expert witness search and referral firm Round Table Group, share their insights on locating and presenting the right experts. 

What are litigators looking for when they select an expert witness? Decades of experience? Advanced degrees? Sure. But also important are intangibles such as geographic location, experience, relatability, manner, and presentation skills. 

Hear how attorneys search for, test, and select the best experts to match each case. If your case depends on not just expertise, but also how well a jury and judge will understand that expertise, you must dedicate time to the crucial stage of selecting the right expert. 

Best practices, fees, contracts, discovery, and preparation. It’s all in this episode. Every step will make the difference between winning your case and missing the mark.

Resources:

Previous episode, “You Need An Expert Witness, But Where Do You Find One?” 

The Round Table Group

Noonan Lance Boyer & Banach

ABA Pretrial, Practice & Discovery Committee

American Bar Association

American Bar Association Litigation Section

Guest Erin Clifford is a partner and director of marketing and business development at Clifford Law Offices in Chicago. And she’s also a trained and nationally certified counselor and wellness coach, helping professionals create and maintain healthy lifestyles. As a lawyer, she knows all about stress. As a counselor, she knows the importance of mental and physical well-being.

Feeling stressed and overwhelmed can lead to health problems and even substance abuse. It’s easy to fall down a rabbit hole at the cost of simply living a happy, healthy life. Hear Clifford’s tips for improving your outlook, enjoying happy moments, and creating time for yourself and the things that make you happy.

There are existing, vague, nonspecific “tech” and business practice laws, then there emerging – AI specific – laws that aren’t backed by a lot of precedent from the courts. Privacy laws, data usage, intellectual property laws, even state and federal rulings, have created a jigsaw puzzle for lawyers to apply in the AI space. 

Guest Graham H. Ryan is an experienced litigator and an author and frequently quoted commentator on tech issues and the emergence of generative AI and its consequences.

Ryan says it might help to look back to the “wild west” of the Internet’s earliest days and the infamous “Section 230” that has helped decide who’s liable for what when it comes to digital content. How far does Section 230 go when AI starts creating content instead of simply searching for it? And when does Congress get involved? Proceed with caution.

Resources:

International Association of Privacy Professionals, IAPP

IAPP “AI Governance Global 2024” conference

“The AI Industry Is Steaming Toward A Legal Iceberg,” Wall Street Journal quoting Graham Ryan

Harvard Journal of Law and Technology

“Department Of Justice’s Review Of Section 230 Of The Communications Decency Act Of 1996,” U.S. Dept. of Justice

Moody v. NetChoice, LLC, via SCOTUSblog

“Sanctions for Fake Generative AI Cites Harm Clients,” Bloomberg Law Analysis

“The EU Artificial Intelligence Act” 

“Schumer Launches New Phase In Push For AI Bill,” Politico

American Bar Association

American Bar Association Litigation Section

Like most of us, Jenkins-Floyd has been summoned for jury duty and dismissed each time. But this time was different. In this episode, she describes her experiences in the selection process, intake, and deliberation. 

Jenkins-Floyd took it all in. She learned about the jobs and childcare pressures jurors have. She saw what happens in the jury room. “All of my senses were tingling. As a trial lawyer, I never get to see this part,” she explains. What she learned will change how you present your next case. 

Hear how important your moves are to a jury, starting the moment you enter the courtroom. Eye contact, body language, and even where people sit. Everything matters. How prepared and confident do you look? How friendly and comfortable are you with your client? Jenkins-Floyd explains what jurors are watching. How you ask questions, starting with voir dire, sets up jurors and helps them subconsciously put themselves in your client’s shoes, even without saying it. Jurors watch and see everything you do. Get an inside peek.

Resources:

American Bar Association

American Bar Association Litigation Section

The new book addresses the challenges women face in the legal profession and the things organizations and firms do, often unintentionally, that make it harder for women in law, all told through personal stories of struggles and successes.

Beck and Gibson, both committed to diversity, equity, inclusion, and belonging, discuss these collections of stories that tap into the experiences of litigators in a range of practice groups, from corporate to government positions. These are situations that arise everywhere, from the courtroom to the boardroom to the lunchroom.

Why do women in law still face so many challenges and obstacles? It’s nice to imagine gender disparity is a relic of the past, but the statistics tell a different story. There is work for all of us to do, not only toward gender equality but also in racial and ethnic disparities in the legal profession. The stories in these books examine situations that exist, even in organizations that believe they have erased barriers. Fixing the problems starts with acknowledging that they persist. Everyone can learn from this discussion.

Resources:

Women Advocate Committee American Bar Association

“Her Story: Lessons In Success For Lawyers Who Live It” 

“Her Story: The Resilient Woman Lawyer’s Guide To Conquering Obstacles, Book 2” 

K. Brooke Welch

Jessica Blaemire

Michal Rogson

Steven Velkei

Dunlap, Bennett & Ludwig

Klinedinst Attorneys

American Bar Association

American Bar Association Litigation Section

Growing up the daughter of a respected small-town attorney in Alabama, Hinton jokes that she was “Scout” to a real-life Atticus Finch of the novel To Kill a Mockingbird. Hinton learned at a young age the trust clients place in their attorneys and the duty attorneys have to serve clients and the community, in and out of the courthouse.

Hinton’s path took her from a small town to big city firms with international clients. Entering an area of the law that at the time featured few women, Hinton made her own way, walking into senior attorneys’ offices and volunteering for the toughest cases. In an era before the phrase “work/life balance,” she learned to manage the demands of high stakes law in balance with her personal life.

Throughout, Hinton strove to raise her profile, develop a strong reputation, and build and sustain business relationships through involvement in nonprofit and association work and by making herself available to senior firm members for complex cases. “Don’t wait for them to find you, you go find them,” she says. Hear first-hand Hinton’s tips for building a high-profile career in litigation, leveraging both corporate and American Bar Association relationships, and building on each previous step.

Resources:

American Bar Association

American Bar Association Litigation Section

When representing clients with complex issues, there are times when you need an expert witness. A real expert. Someone who will help you dissect, understand, and present key elements to jurors or judges in a way they can understand.

Enter Round Table Group, “the experts on experts.” Guest Russ Rosenzweig is CEO and co-founder of a firm that specializes in identifying, enlisting, and providing expert witnesses and consultants across virtually every possible topic with tens of thousands of affiliated leaders in their field.

Hear how litigators find and hire an expert, no matter the niche. Remember that scene in “My Cousin Vinny” when Joe Pesci puts his girlfriend, Marisa Tomei, on the stand as a brilliant expert. It doesn’t happen like that. And they don’t teach this in law school. Learn about the search process, search and hire billing rates, and expert fee negotiations.

Many lawyers don’t know where to start. They may be missing the best of the best, or they can waste time trying to find the right expert. Many Round Table Group staffers themselves are lawyers, engineers, and experts. They know how to read a patent or dissect evidence to find the exact right expert to help attorneys prove their point and win their case.

Learn how a team of professionals can help you identify your needs, craft the right angle, and dial in to the expert who can push your case across the line.

Are you keeping up? It’s hard to know with so many services bursting onto the scene. Hear how DeBord scans the landscape to track what’s new, what works, and what’s still in the pipeline. 

You’ve come a long way from the LexisNexis and Westlaw you met in law school. Entire suites of tech platforms, all the way up to generative AI, are on the market and getting better. If your opponent is using the latest, and you’re not … well, that’s not good.

Autogenerate timelines, upload and organize evidence, and sift through data as today’s tools accelerate your case and reveal hidden connections. Tech won’t replace your creativity and skill as an attorney, but it can help you work smarter, more efficiently, and achieve better results. 

(Plus, did you know the CIA has a secret museum of gadgets created by the agency’s Directorate of Science and Technology? And no, you can’t visit it without secret clearance).

With each task, the best new lawyers progress from competence to excellence. Start with the goal of being a “superstar associate” by being the best lawyer you can be. When new lawyers take on tasks and do good work, others will notice and will mentor you. What any new lawyer makes of their earliest experience in any firm will drive them to the next level, no matter their career path.

This episode shares tips for standing out and learning how to be a lawyer from two attorneys who have excelled in their careers and have made partner at their respective firms.

Plus, a Quick Tip from the ABA Litigation Section’s Mental Health and Wellness Task Force. Hear how attorneys are vulnerable to eating disorders and substance abuse. Learn to recognize the signs.

Internal client development is often overlooked, but it’s as important as finding external clients. Build your book of business through other attorneys at your own firm, especially if you work at a large firm with multiple offices across the country. The principles of internal client development are surprisingly simple. Talk to your colleagues. Be a nice person. Take time to visit your coworkers and listen to them. You can use “cross-marketing” and internal team building to find new clients.

Then there are external clients—new business outside your firm. Not surprisingly, the principles are the same. Get out there. Develop personal relationships. Write for publications. Seek out speaking engagements at industry and trade conferences. Join organizations and even have a little fun getting to know people.

Nothing replaces being a great lawyer. But these valuable tips provide new tools for building your career and your business.

Host Dave Scriven-Young welcomes three professionals who are actively seeking better methods for lawyers to care for themselves and for the legal system and firms to deliver assistance. Guests Shawn Healy, Ph.D., and attorneys Mala Rafik and Gavin Alexander are deeply involved in lawyer well-being programs. Their work has confirmed that there is a greater need for mental health support and care for lawyers, and also that many in the profession are either unaware of available services or are unwilling to seek help for fear of stigma. The Massachusetts Supreme Judicial Court has been a leading voice in the struggle to support those in the legal profession who are struggling with mental illness, anxiety, substance abuse, and suicidal thoughts. More support is needed.

Litigation is a difficult profession. Are you yourself—or is someone you know—struggling? You are not alone. It is OK to ask for help. Learn about available resources and services. And share this episode of Litigation Radio.

Minnesota Attorney General Keith Ellison joins this episode to discuss his oversight of the prosecution and conviction of Derek Chauvin, as well as his book, Break The Wheel: Ending the Cycle of Police Violence, a reflection on that trial and lessons learned. Attorney General Ellison explores the findings of his book and his experience representing victims of police violence. He walks us through Chauvin’s prosecution, the trial strategy, jury selection, and how the infamous video shot by a 17-year-old bystander was used in the trial.

Can we change policing and rebuild trust between police and communities? What steps can be taken in the fight against police violence?

Attorney General Ellison also shares his career path from law school to U.S. Congress, and then becoming the first African American and Muslim America elected to Minnesota statewide office. It’s an inspiring story and proof that following your passion can make a difference.

Plus, in our Quick Tip segment: Incorporating storytelling into your legal writing.

Resources:

George Floyd Justice and Policing Act

“Break The Wheel,” by Attorney General Keith Ellison

2024 Environmental & Energy, Mass Torts, and Products Liability Litigation Committees’ Joint Regional CLE Program

American Bar Association

American Bar Association Litigation Section

This episode features attorney Latife Neu, who operates her own law firm specializing in student loans and bankruptcy. Student loan repayment is anything but simple, and the pieces are in constant flux. Loan policy has bounced between the Supreme Court and the White House, and the policies are anything but clear. Talk about student loans, parent plus loans, bankruptcy, the pause-restart-pause rules, and it gets complicated in a hurry. There’s nothing simple about this stew of public and private loan borrowing, forgiveness, and repayment. But we can help you understand the questions to ask and the paths to explore.

Join the Litigation Section’s virtual book club on December 12 at 1 PM ET to discuss books and other content focused on personal growth and mental health and wellness! Visit https://www.jotform.com/233055582985163 for more information and to register.

RESOURCES:

Public Service Loan Forgiveness (PSLF)

IDR (Income Driven Repayment) Account Adjustment

More IDR Account Adjustment information

Garnishments and Offset Orders for Student Loans

 Student Loan Bankruptcy Discharges and Limits (Oh, It’s Complicated)

Federal Rules On Discharging Student Loan (Justice Department) 

IRS Student Loan Forgiveness Rules, IRS.gov

American Bar Association

Bar Association Litigation Section

In this episode, Dave welcomes guest Aurore Nicaud, an associate with Greenberg Traurig and an international arbitration attorney. Listen in as they discuss how this fascinating field differs from standard U.S. civil practice. Discovery is more limited. There are no depositions. Direct examinations are virtually nonexistent. And when the case is over? Winning is one thing, but enforcement across borders is another, and it depends on which countries are signatories to the New York Convention. When you mix competing legal systems, contracts, and languages, things can get complicated in a hurry. Up for the challenge?

Guests in this episode include Charles Geyh, a law professor who studies and writes about judicial ethics, and the honorable Pamela Gates, an Arizona judge actively involved in reviewing ethics policies and the public perception of judicial behavior. 

Bias is all around us. We’re human. So are judges. External influences can interact with our own, internal biases, potentially creating conflict. When should judges disqualify themselves for a case where there may be a conflict or the appearance of a conflict? Campaign donations and lobbying in an increasingly politicized judicial environment are creating new questions. Hear potential solutions being developed today to ensure there truly is justice for all. 

Honesty, both with ourselves and with others, clear communication, and an intentional review of the issues and cases before us can help ensure public confidence in our judicial system. Protecting the integrity of the judicial branch isn’t easy, but it’s critical to the sustainability of the American court system. 

Plus, a quick tip from attorney Marty Truss at the firm Steptoe & Johnson. Truss penned the article “Eating The Elephant: Tips For Navigating Project Induced Anxiety And Intimidation.”

A Bloomberg survey found burnout is a major problem, and it’s getting worse among attorneys. For the first time the survey found reports of attorney burnout exceeded 50%. Reports of wellbeing and job satisfaction are in decline too. But it’s not just in corporate practice, burnout affects those who want to volunteer. With so much need it’s easy to forget you’re only one person, and you can’t do it all. 

How can we get involved in pro bono work without burning out? It can start with being aware of the syndrome, adjusting our workflow to the right level, adopting “virtual” programs to balance time, sharing the load, and focusing on areas of passion. 

Learn to recognize the signs of burnout in the pro bono space and how you can help yourself, and others, deal with stress and feeling overwhelmed. And for all who volunteer their services to help others: Thank you.

Guest Stephen Vladeck is a professor of law, nationally recognized expert on constitutional law and the Supreme Court, and the author of the book “The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic.” 

The Supreme Court has been exposed in recent years as an institution unbound by checks and balances and appears unaccountable to anyone. The Court regularly shapes the American system of justice through a “shadow docket,” decisions and rules made apart from headline cases. 

Are we witnessing a crisis in the judicial branch? Is this a Court that can do what it wants when it wants? What happens to ethics, accountability, improprieties? 

Plus, tips about discovery and the potential pitfalls of third-party collaboration apps (such as Slack and Teams). Hear what rules apply, and which ones don’t.

Is your firm using Artificial Intelligence (AI)? Should it be? AI is expected to have a profound impact on the practice of law. Lawyers are already using AI in their practices to review documents and conduct research. Yet, as the technology emerges, there are ethical, privacy, and practical concerns.

Guest Richard Finkelman of the global consulting firm Berkeley Research Group (BRG) is an expert in AI applications in the legal profession. Finkelman is sees AI and machine learning already widely in use, specifically in e-discovery and document review. Four out of five legal firms surveyed by BRG employ AI in some capacity. This is the stuff of today, not the future.

AI can already determine if a document is subject to privilege, pinpoint which documents need review, and even scan expert testimony (yours and theirs) for red flags. This speeds workflow, improves accuracy, and protects against potentially sensitive errors. Never again worry about accidentally turning over a privileged document or intellectual property? That sounds nice, but there are risks.

Hear how you can incorporate AI tech into your practice, provide disclosures at the start of a case, check for accuracy, and avoid boxing yourself in with pre-trial agreements without knowing what’s coming next in the field. Learn this stuff before your next case.

Ward put constant stress on himself that morphed into mental wellbeing and substance abuse issues. He came to realize his drinking was taking over, not just on vacations, but also at home.

At its peak, substance abuse damaged both Ward’s family and professional relationships. When he quit drinking, he found his behavior had altered and he moved on to THC to cope. Ultimately, he was forced to take full control of his own mental health, retire from the culture of legal litigation, and seek professional help. Today, Ward is sober. His is a success story. 

This is a brutally honest discussion, but it’s one we need to have. As you devote yourself to your clients and practice, are you paying attention to your own health and habits? It’s easy to lose sight when you are focusing on your practice. The business of law can deliver its own form of PTSD, post-traumatic stress disorder. Please be good to yourself. Help is available.

Guests Amy Stewart and Heather White are highly successful litigators who have made their own way as women and as attorneys. They’ve learned the value of authenticity, real friendships, asking for help when they need it, and offering a hand when it’s needed. Believe it or not, who you know is as important as what you know. Relationships and reputations are part of the practice of law—they drive your career forward.

Also in this episode, guest M.C. Sungaila, one of the conference organizers, provides highlights from the conference and what you can look forward to!

In this episode, Melissa describes her experiences as a hearing-impaired law student and, later, as a litigator. Are you prepared as a litigator to work with counsel with unique needs? Being aware of our differences, along with disclosure and clear communication, are key when working with those with hearing loss. Being clear, concise, and direct can go a long way. Learn how technology, reasonable accommodation, understanding, and collaboration can ensure a level playing field for everyone.

Stay tuned for our “Quick Tips” segment on mediation at the end of this episode.

We also discuss the differences in law school education between the US and other  countries, including the structure and curriculum, and how these differences can impact the bar exam preparation for international lawyers.

For this engaging and informative discussion, we welcome the Chief Legal Officer of Prudential Financial, Lisa Wolmart.

For more information or to register for the 2023 Litigation Section Annual Conference in Atlanta, GA, visit: https://web.cvent.com/event/8685e27b-ea2a-47fc-b24e-14d68677aa78/summary.

In this episode, we’ll examine what blockchain technology is, what legal professionals need to know about it, and we’ll take a look at some of the legal hurdles blockchain and crypto projects have to overcome. Usman Sheikh, Chair of the Blockchain & Fintech Practice and Transactional Partner in Baker McKenzie’s Toronto office, joins us to cover some of these issues and provide some insight.

In this Episode:

• A description of blockchain technology
• How blockchain works
• The legal challenges facing blockchain
• Privacy and regulatory issues
• What legal professionals need to know about blockchain technology

Glenn is a business lawyer in Greenberg Traurig’s Las Vegas office with experience in the emerging fields of relational contracting and collaborative law. Glenn leverages decades of experience negotiating and litigating commercial disputes to help clients build sustainable collaborative relationships with their stakeholders.

Discussed in this episode:

• New AI-powered legal writing tools
• Scheduling software for lawyers
• Legal chatbots
• Law firm sales customer relationship management (CRM)
• Lawyer payment methods your clients want
• Client portals and experience platforms for law firms
• And much more…

Hernandez Stroud is a counsel in the Justice Program of the Brennan Center for Justice at New York University School of Law. An authority on prisons and jails, correctional oversight, and constitutional law, he researches the scope of the federal government’s power to fashion structural and systemic reforms that prevent and remedy the failure of state and local criminal justice institutions in observing the rights of the incarcerated under the U.S. Constitution.

You can’t be all things to all people. Intead, lawyers should dig deeper, narrow their focus, work to develop their relationships, grow their expertise, and establish their niche. In this episode of Litigation Radio, host Dave Scriven-Young chats with litigation attorney Matthew Zorn to discuss how building a niche practice is one of the best ways to develop a profitable law practice and better serve your clients.

Matthew Zorn is a partner at the firm Yetter Coleman LLP, where he represents plaintiffs and defendants in a variety of commercial litigation matters with an emphasis on IP, patent, and regulatory litigation.

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Quick Tip from the ABA Litigation Section: Indemnification and its Interplay with Insurance Provisions and Third-Party Contracts

Insurance provisions are some of the most important provisions in third-party contracts. In this “Quick Tips” segment from the ABA Litigation Section, Latosha Ellis shares one of the easiest ways to avoid litigation and effectively manage contractual risk. Hint: it involves continually reviewing and improving your third-party contract language, including the alignment of insurance policy terms with contractual obligations.

To answer these questions and more, Dave welcomes trial lawyer and experienced litigator, Rob Shapiro, to the show. Rob is a partner at Barack Ferrazzano Kirschbaum & Nagelberg, LLP. in Chicago, and has more than 40 years of experience in commercial and intellectual property litigation.

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Quick Tip from the ABA Litigation Section Mental Health & Wellness Task Force: Dr. Diana Uchiyama, Executive Director of the Illinois Lawyer Assistance Program, shares tips to help lawyers cope with the extra stress and pressures that come with the holiday season.

To discuss this case more in-depth, as well as provide insights into what litigators should do if their client gets a visit from law enforcement, host Dave Scriven-Young welcomes two former federal prosecutors – Barbara McQuade and Renato Mariotti.

M.C. is a Shareholder in the Buchalter’s Orange County and San Diego offices. Ms. Sungaila is a highly regarded appellate attorney who has briefed and argued appeals raising cutting-edge and fundamental business issues for over two decades.

To discuss these issues, host Dave Scriven-Young is joined by attorney and guest, Kenneth Nolan. Ken is an attorney at Speiser Krause specializing in aviation personal injury and wrongful death litigation and trials. He has represented families in major aviation tragedies, as well as approximately 125 victims of the September 11th terrorist attacks before the Victim Compensation Board. Ken also has authored over 50 articles in The New York Times, as well as several other publications. He is the author of “A Streetwise Guide to Litigation”, which provides a practical approach to life and law involving all aspects of litigation, from attracting business to trying a case.

In this special Litigation Radio podcast, host Dave Scriven-Young welcomes experienced, security litigators, Danielle Myers and Joe Simms give us the legal arguments from both sides of the aisle.

In this episode of Litigation Radio, host Dave Scriven-Young welcomes trial and appellate litigation expert Lawrence Rosenberg to discuss the ins-and-outs of Appellate Litigation. Don’t miss this special episode as the two discuss:

• Tips to Getting Appellate Experience
• What It’s Like to Argue a Case Before the United States Supreme Court
• How the Appellate Process Works
• Practical Strategies for Trial Lawyers and Litigators to Improve a Case on Appeal
• How to Have a Successful Oral Argument

Lawrence Rosenberg is a Trial and Appellate Litigation Partner at Jones Day. For 25 years, Larry has tried cases and argued appeals throughout the country and has been lead counsel in numerous matters in the United States Supreme Court. He has considerable experience in regulatory, statutory and constitutional litigation, intellectual property, antitrust, international litigation, labor and employment, products liability, and securities litigation.

Jim Abrams is an experienced litigator and Business Litigation Partner at Taft Law. Jim represents clients in all aspects of civil litigation with a concentration in commercial matters.

David Benkert is a premiere financial expert and Senior Managing Director at Ankura. For over two decades he has been providing clients solutions to their financial accounting and compliance oversight issues. David led forensic investigations, provided litigation support, expert witness testimony, and post investigation remediation guidance.

Jordan Harbinger joins this episode to talk about: Why it really is all about Networking for Long-term Success, and the Importance of Having a “Can-Do” Attitude in Life. In this episode, Jordan also discusses his career in podcasting, his past as a lawyer, and how lawyers can build meaningful relationships and influence in the legal community.

In this episode:

• Why it really is all about networking and people skills
• How to build relationships that brings in business
• The value of social capital
• The importance of having a “go for it” attitude in life

In this episode, special guests, Sharla Frost and Angela Steffen Meyer, provide litigators with a practical guide to getting more clients and advancing their legal careers through successful business development strategies.

Mentioned in this episode:

• POWER AT THE TABLE: Guide to Gaining Clients and Control

More than 30 million Americans changed jobs since last spring. Attorneys were no exception. It’s up to all of us – from younger associates to senior leadership – to accept and adapt to the new normal. Associates will need to understand, and articulate, what’s important to them. And firms will need to listen and adjust.

Attorneys will still need mentorship, face time, and training, but they may also want to continue enjoying a hybrid work relationship. Firms may see increased profitability as commute times turn to billable hours, but they’ll need to develop boundaries to avoid turning work-from-home to work-around-the-clock.

Guests on this episode include a managing partner, Cyndie Chang; Chair of the American Bar Association Young Lawyers Division Josephine “Jo” Bahn; and attorney/recruiter Nathan Peart. They explain how the environment has changed and how it’s up to everyone to embrace clear communication, new expectations, and how to navigate the new normal.

Plus, a Quick Tip from the ABA Litigation Section, featuring Darryl Wilson. In this edition, a discussion on Rule 12(b) motions. What defenses may be asserted? What options are available? And what are the key elements you must address? And, of course, the rare use of Rule 15(a)(1).

Stay Tuned for Latosha Ellis’ tips for Federal Diversity of Jurisdiction over Limited Liability Corporations.

Stay tuned for Darryl Wilson’s litigation tips about conflicts of interest.

Stay Tuned for Latosha Ellis’ tips on picking the best jury for your case.

Stay tuned for Darryl Wilson’s litigation tips about protecting 3rd party confidential information during discovery.

Stay tuned for Latosha Ellis’ first litigation segment about preserving evidence on the record.

Stay Tuned for Darryl Wilson’s tips on returning to in-person court proceedings.

Stay tuned for Darryl Wilson’s tips on practicing law during the pandemic and uncertainty.

Stay tuned for Darryl Wilson’s tips on artificial intelligence and the legal issues that may arise.

Stay tuned for Darryl Wilson’s tips on the scope and use of Attorney-Client Privilege.

Stay tuned for Darryl Wilson’s tips for winning objections!

Stay tuned for Darryl Wilson’s tips for building your book of business!

Together they share the journey going from in-person proceedings to a remote environment and road map the process along the way, including advice for displaying evidence, how to read a jury, what to wear, and much more! 

Stay tuned for Darryl Wilson’s tips for making great opening statements!