Listen to the ABA Journal Podcasts for analysis and discussion of the latest legal issues and trends. Podcasts include ABA Modern Law Library and ABA Asked and Answered, brought to you by Legal Talk Network.
The year 2017 was hailed as the "Year of Women in Legal Tech" based on a few high-profile acquisitions and hires. Kristen Sonday, the co-founder of Paladin, a pro bono management platform, however, took a look around and noticed that there were few other founders in the legal tech world who looked like her. So, Sonday set out to understand what the reality was: Was she blind to a cohort of female and minority founders, or did legal tech have a diversity problem? She talks to the ABA Journal’s Jason Tashea in this new episode of the Legal Rebels Podcast. Special thanks to our sponsor, Nexa.
As director of the National Legal Research Group’s jury research services division, Jeffrey T. Frederick is an expert on jury selection strategies. His new book, Mastering Voir Dire and Jury Selection, Fourth Edition: Gain an Edge in Questioning and Selecting Your Jury, shares how to develop and ask the questions to uncover information. In this new episode of the Modern Law Library podcast, Olivia Aguilar of ABA Publishing talks to Frederick about the significance of nonverbal cues during questioning, why open-ended questioning is the best way to secure necessary information, and how you can break the ice with a conversational tone. Special thanks to our sponsor, Headnote.
Tens of thousands of people worked at Ground Zero after the World Trade Center attacks in 2001, looking for survivors, sifting for human remains and breathing in the dust of the pulverized buildings. Their actions were heroic and lauded at the time, but as the months and years passed, many began to become gravely ill. William Groner was part of a legal team who brought a mass tort case that secured settlements for more than 10,000 such clients. In 9/12: The Epic Battle of the Ground Zero Responders, Groner and journalist Tom Teicholz tell stories about the individuals involved and the twists and turns of a legal battle with billion-dollar stakes. Groner speaks with the ABA Journal's Lee Rawles about how this battle changed him personally, the challenge of "being ahead of the science," and why the heroism his clients showed is now more important than ever. Special thanks to our sponsor, Headnote.
Much has been said about getting rewarding mentoring and work opportunities from more-seasoned lawyers. But newer lawyers can also bring knowledge to the table. In this new episode of the ABA Journal’s Asked and Answered podcast, Senior Writer Stephanie Francis Ward talks to Karen Kaplowitz, founder and president of the New Ellis Group, a business-development consulting firm in New Hope, Pennsylvania, about ways the experience pairing works well—for things like discovering unique business development opportunities—having more diverse legal teams, and finding better ways to use social media in marketing. Special thanks to our sponsor, LawPay.
In the United States, an estimated 70 million people have a criminal record. Being tagged with this scarlet letter can affect a person’s ability to find employment, housing and even potential relationships. Meanwhile, the expansion of freedom of information laws and the internet has changed how criminal records are used and who has access to them. These changes raise questions around the purpose of criminal records and the limits of legal remedies like expungement and sealing. To make better sense of these issues, Colleen Chien, a professor at Santa Clara University School of Law, and Sarah Lageson, an assistant professor at Rutgers University School of Criminal Justice, came together and talked to ABA Journal Legal Affairs Writer Jason Tashea about their research into the modern trials and tribulations of expungement, sealing and criminal records. Special thanks to our sponsor, Nexa.
From connected cars and industrial systems to toothbrushes and refrigerators, "internet of things" technology seems to be everywhere in the daily lives of consumers. With these modern conveniences, there are also privacy violations and security risks that must be considered while using them. The first comprehensive legal text focused on IoT, The Internet of Things: Legal Issues, Policy, and Practical Strategies, provides perspectives on public policy and assesses the broad range of legal issues, such as licensing, liability, electronic discovery and intellectual property, while addressing the current lack of regulation. In this new episode of the Modern Law Library podcast, Olivia Aguilar of ABA Publishing speaks with co-editor Cynthia H. Cwik about why IoT devices are some of the most vulnerable hacker targets, the impact of these devices on national security, and potential future regulatory measures. Special thanks to our sponsor, Headnote.
Gary M. DuBoff says he’s very big on paying quarterly tax estimates on time. For many years, he kept a spreadsheet of everything that he spent money on, including coffee. After a year, he says, you may discover that you spend $1,200 on coffee. When it comes to retirement savings, DuBoff, a certified public accountant and a principal at Morrison, Brown, Argiz & Farra in its New York City office, says if you have an employer, be sure to know about all the benefits offered and take advantage of them. In this episode of Asked and Answered, Stephanie Francis Ward talks to DuBoff about how to live within your means, how to figure out your set costs, and how to budget with what’s left over. Special thanks to our sponsor, LawPay.
Ed Scott was the first ever non-white owner and operator of a catfish plant in the nation. The former sharecropper-turned-landowner was part of a class-action lawsuit that resulted in upon one of the largest civil rights settlements in U.S. history. With the settlement of Pigford v. Glickman in 1999, almost $1 billion dollars has been issued to over 13,000 African American farmers to date. In 2010, the second half of the case was settled for another $1.2 billion in Pigford II. Scott’s legal battle and personal history inspired Julian Rankin to write Catfish Dream: Ed Scott’s Fight for his Family Farm and Racial Justice in the Mississippi Delta. In this episode, Rankin speaks with his cousin, the ABA Journal’s Brenan Sharp, about how Rankin came to meet Scott; how his background in visual arts informs his writing; and what Scott’s story shows us about the struggle for racial and economic justice in the Mississippi Delta. Special thanks to our sponsor, Headnote.
In the latest episode of the Legal Rebels Podcast, ABA Journal Legal Affairs Writer Jason Tashea talks to legal tech blogger Bob Ambrogi and Andrew Arruda, CEO of artificial intelligence company Ross Intelligence, about what new technology and artificial intelligence can do for legal research. Special thanks to our sponsor, Nexa.
We often associate the #MeToo movement with the entertainment industry, but sexual harassment is a widespread problem in all industries. The hierarchical nature of the workplace influences victims’ fear that reporting harassment will result in retaliation, and they do not feel protected by the very systems that are in place to protect them. Lauren Stiller Rikleen addresses these structural issues in her new book, The Shield of Silence: How Power Perpetuates a Culture of Harassment and Bullying in the Workplace. This new release combines thought-provoking research, extensive interviews and strategic recommendations for addressing misconduct in a wide range of scenarios. Rikleen argues that if we are to move forward, all sectors must recognize the systemic problems that have left victims unprotected and work to create a culture of respect in the workplace. In this episode of the Modern Law Library, ABA Publishing’s Olivia Aguilar speaks with Rikleen about how workplace structures protect those accused of misconduct, why the study of unconscious bias is critical when discussing sexual harassment, and what is next for the #MeToo movement. Special thanks to our sponsor, Headnote.
In 2009 and 2010, two cargo ships packed with refugees fleeing the Sri Lankan civil war arrived on the shores of Canada. Those refugees inspired Sharon Bala's debut novel, "The Boat People," which won the 2019 Harper Lee Prize for Legal Fiction. Told through the eyes of a Sri Lankan man seeking asylum for himself and his son; a young Sri Lankan-Canadian law student reluctantly assigned to help with his case; and the granddaughter of Japanese immigrants to Canada interned during World War II, who will have to decide whether the details of his story add up. In this episode of the Modern Law Library, Bala speaks with the ABA Journal's Lee Rawles about the true stories behind her fictional novel, and what winning the prize named for the author of "To Kill a Mockingbird" means to her.
If you want to give a good speech that will resonate with people, you should not use notes or an outline, says Gerard Gregoire, vice president of litigation services for the West region at Allstate. Instead, he says, know what you want to say forward and backward—much like you would a case file before trial—and practice on your own, so that you know the information so well you don’t have to rely on notes as a reminder. In this episode of Asked and Answered with the ABA Journal’s Stephanie Francis Ward, Gregoire offers public speaking tips for lawyers and why it’s important to be authentic and connect with an audience. Special thanks to our sponsor, LawPay.
Ten years ago, Rodney Smolla was featured as a Legal Rebel for leading an innovative plan at Washington and Lee University School of Law to eliminate traditional third-year coursework and replace it with experiential learning. Many law schools opened clinics in the 1970s and 1980s, according to Smolla, but when Washington and Lee revised its 3L coursework in 2009, legal education for the most part had been unchanged for the past century. People had long thought that it was time for change, regardless of whether they were for or against experiential learning, Smolla tells the ABA Journal's Stephanie Francis Ward. Special thanks to our sponsor, Nexa and Thomson Reuters Westlaw Edge.
When it comes to working with an expert or expert witness, there can be a lot of moving parts to keep track of. Navigating a relationship with an expert can be challenging, but it can be done successfully if both you and your expert pay attention to each other throughout the process. Author and attorney Janet S. Kole examines the complex issue of expert witnesses in her new book How to Train Your Expert: Making Your Client’s Case. In this episode of the Modern Law Library, ABA Publishing’s Olivia Aguilar speaks with Kole about common mistakes that young lawyers make while working with an expert, the ins and outs of the written report and how to avoid “impermissible ventriloquism.” Special thanks to our sponsor, Headnote.
When Michael R. Anspach attended Marquette University Law School, yoga, meditation and being active in a 12-step community helped him succeed. But once the 2018 graduate started practicing at Anspach Law, those techniques didn’t work. This was because the demands of litigation made it impossible to quiet his mind, even on evenings and weekends, he says. In this episode of Asked and Answered with the ABA Journal’s Stephanie Francis Ward, Anspach talks about his road to success after law school, his self-care tips and how he learned to quiet his mind. Special thanks to our sponsor, LawPay.
When Simon Tam booked the first gig for The Slants, there was a major obstacle to overcome: The band did not technically have any other members yet. There was just Tam and his dream of creating a rock band made up entirely of Asian American musicians. The bassist soon recruited enough musicians to perform the gig, but that would not turn out to be The Slants' biggest challenge. That would come with a trademark battle over the band's "disparaging" name that dragged on for more than a decade until it finally reached the U.S. Supreme Court. In this episode of the Modern Law Library, Tam joins the ABA Journal's Lee Rawles to discuss his band and his new book, Slanted: How an Asian American Troublemaker Took on the Supreme Court. Special thanks to our sponsor, Headnote.
It's good to be seen as a "thought leader," but don't call yourself that in marketing materials, says lawyer, professor and small business owner Max Miller. "It should be evident," Miller told the ABA Journal's Stephanie Francis Ward in this episode of the Legal Rebels Podcast. "You shouldn't have to put it in your LinkedIn profile." Special thanks to our sponsor, Answer1 and Thomson Reuters Westlaw Edge.
There’s no denying that law firms have gone through significant changes in the last decade. These changes continue to create unprecedented challenges for modern law firms today. So, what’s next? Randy Kiser, author of American Law Firms in Transition: Trends, Threads, and Strategies, pinpoints why the Great Recession of 2008 marked a defining moment for law firms and how the economic shift transformed the legal services landscape. In this episode of the Modern Law Library, ABA Publishing’s Olivia Aguilar speaks to Kiser about the impact of the recession on law firms, why law firm culture is crucial in today’s world and what lawyers have in common with the Pirahã tribe in Brazil. Special thanks to our sponsor, Headnote.
Rather than relying on one prep course for the Law School Admission Test, Haley Taylor Schlitz, a 16-year-old recent college graduate, took three within a five-month period. She was accepted at nine law schools and says having study organization plans, coupled with finding her true self as a homeschooler, helped lead to her success. In this episode of Asked and Answered with the ABA Journal’s Stephanie Francis Ward, she details some of those organization plans, as well as how she’ll be spending the summer before starting law school at Southern Methodist University this fall. Not surprisingly, plans include various programs on preparing for life as a 1L. Special thanks to our sponsor, LawPay.
The good news for anyone aspiring to a life of crime is that you may be a multiple offender of federal criminal laws without even being aware of it. Mike Chase, a white-collar defense attorney, launched his popular Twitter account @CrimeADay in an attempt to begin counting how many federal crimes are on the books in the Unites States. Five years later, he's still going strong, and the exercise led him to write How to Become a Federal Criminal: An Illustrated Handbook for the Aspiring Offender. In this episode, Chase talks with the ABA Journal's Lee Rawles about crimes like impersonating a mailman; importing pregnant polar bears; selling mail-order dentures; and letting your falcon be filmed for a movie. Special thanks to our sponsor, Headnote.
Mark Britton, who founded and sold the online attorney ratings site Avvo, is taking a break. This helps with creativity but does cause him some discomfort. After his years of making money from attorneys on his site, he has some business development advice for the profession—zero in on groups of people who might hire you and figure out how they want to be spoken to, he tells the ABA Journal's Stephanie Francis Ward. Special thanks to our sponsor, Answer1 and Thomson Reuters Westlaw Edge.
Who’s afraid of the big bad partner? For new law graduates and associates going into the world of BigLaw, the stakes have never been higher and neither have the expectations. As an attorney with Jones Day for over 20 years, Mark Herrmann is willing to tell you everything you wish that stoic senior lawyer would say. His book—The Curmudgeon's Guide to Practicing Law, Second Edition—explains how to succeed with a little bit of snark and a whole lot of laughs. In this episode of the Modern Law Library, ABA Publishing’s Ashley Alfirevic speaks to Herrmann about what they didn’t tell you in law school, how to work with your assistant and what’s changed in this new edition. Special thanks to our sponsor, Headnote.
Some people diagnosed with Attention-Deficit/Hyperactivity Disorder need prescription stimulants to function at the best of their abilities. But there are others who don’t have the diagnosis, but take the medicine illegally because they think it will help them perform better. It's a problem that law schools and the legal profession need to become more aware of, says Patrick Krill, an attorney and licensed and board-certified alcohol and drug counselor. Krill speaks with the ABA Journal's Stephanie Francis Ward about the extent of the issue and the dangers of illegal prescription stimulants. Special thanks to our sponsor, LawPay.
For every lawyer that thinks they have oral presentations down pat, there’s another that has anxiety about talking in front of a crowd. And they both need help. As an attorney and a formal federal law clerk, Faith Pincus gives lawyers the tools they need to succeed at public speaking. In this episode of the Modern Law Library, ABA Publishing’s Ashley Alfirevic speaks with Pincus about how to ditch the notecards, engage the audience and ask the right type of rhetorical questions.
Do nearly 25% of Americans really think Ruth Bader Ginsburg is chief justice? ABA President Bob Carlson addresses gaps in public knowledge of history and government uncovered by the first Survey of Civic Literacy in this special episode of the ABA Journal’s Asked and Answered hosted by Journal reporter Amanda Robert. Carlson highlights the survey’s most surprising findings, and discusses the ABA’s plans for the data and ideas for how Americans can improve their civic knowledge in the future. Special thanks to our sponsor, LawPay.
When David Van Zandt became dean of what is now Northwestern University's Pritzker School of Law in 1995, he faced a steep learning curve, he tells the ABA Journal's Jason Tashea. But he had a good sense of the demands on recent graduates and lawyers. He also took on faculty hiring and tenure–a third rail in higher education–by hiring those for tenure track positions with not only JDs, but PhDs. Named an ABA Journal Legal Rebel in 2009, Van Zandt is now the president of the New School in New York. Whether grappling with political issues of the day or an oppositional faculty, Van Zandt has continually forged ahead for the changes he believes in. Special thanks to our sponsor, Answer1 and Thomson Reuters Westlaw Edge.
A series of suspicious deaths; a murder at a victim's funeral; a minister whom locals suspected was dabbling in voodoo; a gregarious Alabama lawyer and politician called Big Tom; and one of the nation's most celebrated–and misunderstood–novelists, Harper Lee. These are the backdrop and the main subjects in the newly released, stranger-than-fiction book Furious Hours: Murder, Fraud and the Last Trial of Harper Lee by Casey Cep. The author of To Kill a Mockingbird spent years researching and writing about this true-crime tale, with the intention of producing her own book in the style of Truman Capote's In Cold Blood. But did she ever finish it? In this episode of the Modern Law Library, Cep speaks with the ABA Journal's Lee Rawles about how her time reporting on the controversial release of Go Set a Watchman led her to start seeking another book that could be hidden in Harper Lee's sealed papers: The Reverend. Special thanks to our sponsor, Headnote.
Practice areas like cannabis law, M&A and real estate law are currently hot, but the good times never last forever, says legal recruiting consultant Valerie Fontaine of SeltzerFontaine. In this episode of Asked and Answered, she speaks with the ABA Journal's Stephanie Francis Ward about potential slowdowns and how lawyers can be thinking ahead to recession-proof their practices. Special thanks to our sponsor, LawPay.
Like everyone else, police are inundated with new gadgets and technologies promised to make their jobs easier. But do they? In his new book, Thin Blue Lie, investigative journalist Matt Stroud digs deeps into the background of various police technologies' promises and perils. In this episode of the Modern Law Library, Stroud speaks with the ABA Journal's Jason Tashea about how the desire for quick technological fixes can compound the problems that technology was supposed to solve.
Before they were buzzwords, Luz Herrera was a pioneer in the world of "low bono" practice, nonprofit law firms and legal incubators. In this episode of the ABA Journal's Legal Rebels Podcast, Herrera speaks with Angela Morris about how a low-bono practice can enable a lawyer to balance the desire to help people with making a living. Special thanks to our sponsor, Answer1 and Thomson Reuters Westlaw Edge.
You have to network to get work. Carol Shiro Greenwald wrote her book Strategic Networking for Introverts, Extroverts, and Everyone in Between for the wallflowers and the social butterflies alike who need help turning cocktail conversations into business relationships. In this episode of the Modern Law Library, ABA Publishing’s Ashley Alfirevic speaks to Greenwald about the networking matrix, interview double dates and random acts of lunch.
Drawing attention to a client's plight can be a great outcome for an attorney wanting justice in a case. But what do you do when your client is trending on Twitter for all the wrong reasons? In this episode of Asked & Answered, the ABA Journal's Stephanie Francis Ward speaks with attorney Pete Wentz, an expert in crisis management and communication strategy. Wentz shares what tactics he's found helpful, when you should know that it's time to address online controversies–and what commonly given legal advice turns out to be the least helpful in putting out fires. Special thanks to our sponsor, LawPay.
Cara Robertson has been fascinated by the axe murders of Andrew and Abby Borden–and the daughter who stood trial for those murders–since she was an undergrad at Harvard University nearly 30 years ago. In her new book, The Trial of Lizzie Borden, Robertson uses her skills as a lawyer to go over the strategies used by the defense and prosecution, the evidence brought before the court, and the societal influences that contributed to the trial and its outcome. In this episode of the Modern Law Library, the ABA Journal's Lee Rawles chats with Robertson about the evidence from the crime scene; the differences between Lizzie Borden's trial and what we might see in a similar case today; and why each generation seems to have a different take on Lizzie Borden and what she might have done in in 1892 on a hot August day in Fall River, Massachusetts.
Jeff Carr has been on a 40-year path of improving lawyer efficiency and effectiveness. "There's an old saying that if you pay for service by the hour, you buy hours and not service," he says. "And I still believe that very much." In this episode of the Legal Rebels Podcast, Carr speaks with ABA Journal reporter Jason Tashea about why he came out of retirement, and how his principle of the Three Es calculated the value of legal services to clients. Special thanks to our sponsor, Answer1 and Thomson Reuters Westlaw Edge.
Kenneth Imo spent years playing college football, working his way up in the military and leading the charge for diversity in two international law firms. Imo mined his experiences for his book, Fix It: How History, Sports, and Education Can Inform Diversity, Inclusion, and Equity Today. In this episode of the Modern Law Library, ABA Publishing's Ashley Alfirevic speaks with Imo about how firms can develop a more diverse and inclusive workforce; improve the legal profession; and creatively tackle the problems at hand.
When attorney Roula Allouch got involved with Bullyproof, an anti-bullying initiative with the ABA Young Lawyers Division, she quickly saw that many members' complaints were about judges. Complaining about judges is hard, Allouch tells the ABA Journal's Stephanie Francis Ward, and for the most part it's a bad idea to raise it in court while the behavior is occurring. But how should you respond? Listen to this episode for advice and information about tactics you can use to protect yourself without hurting your client's case. Special thanks to our sponsor, LawPay.
The 10 years that Dave Cullen spent researching and reporting on the 1999 shootings in Littleton, Colorado for his book "Columbine" were so draining that he experienced secondary PTSD. So on Feb. 14, 2018, when he heard about the shootings at Margery Stoneman Douglas High School in Parkland, Florida, he had no initial intention of writing about them. But in the nearly 20 years since the Columbine shootings changed our expectations about school safety, there had been a number of changes–including what the children directly impacted were able to do to change our national conversations about gun laws. In this episode of the Modern Law Library, Cullen speaks to the ABA Journal's Lee Rawles about his new book, “Parkland,” and how the Parkland students he met were able to create the impact they have in the year since the tragedy at their school.
In the 10 years since Emery K. Harlan, co-founder of the National Association of Minority & Women Owned Law Firms, was featured as an ABA Journal Legal Rebel, he says little has changed for diversity in the profession. "I think it's stayed about the same," Harlan tells the ABA Journal's Stephanie Francis Ward. "The lesson we can take from diversity and inclusion is that there needs to be vigilance. There can never be a point where we can say we've achieved all there is to achieve. I think this year's [Am Law] partnership classes is an indicator of that." Special thanks to our sponsor, Answer1 and Thomson Reuters Westlaw Edge.
Blockchain's a buzzword, but what does it mean? In this episode of the Modern Law Library, our guests James A. Cox and Mark W. Rasmussen give a breakdown of what blockchain is, the emerging legal issues the technology is prompting, and why Jones Day thinks that it's an important emerging practice area. As the editors of "Blockchain for Business Lawyers," Cox and Rasmussen have compiled advice tailored for lawyers in a number of fields to help navigate the uncharted waters that blockchain technology is making possible.
Samorn Selim had a difficult childhood. Her family fled Laos when she was young, and settled in a rough section of Stockton, California. There was violence in her neighborhood, and sometimes the family did not have enough food. So after graduating from Berkeley Law and getting a job at a big law firm in San Francisco, she thought she should be happy, she tells the ABA Journal’s Stephanie Francis Ward. But she wasn’t. Despite the large salary, private office and trial assignments, she hated her job. Finally she left the practice to do career services work at Berkeley Law. The change took $100,000 from her annual salary, and added 30 minutes to her work commute. But it taught her that getting the jobs we think we want may not actually be what’s best for us, and being honest about what sort of work fulfills you can help in choosing the right spot. In this episode of Asked and Answered, Selim shares what she learned about finding the right career fit. Special thanks to our sponsor, LawPay.
From the earliest days of the U.S. Supreme Court, alcohol has been part of the work lives and social lives of the justices. In the book "Glass and Gavel: The U.S. Supreme Court and Alcohol," Nancy Maveety takes readers on a tour through the ways that SCOTUS and spirits have overlapped. In this episode of the Modern Law Library, she speaks with the ABA Journal's Lee Rawles about how she came to write this in-depth history. While the Prohibition Era would immediately spring to mind, the court faced a number of cases involving alcohol that impacted commerce, advertising, criminal justice and even gender discrimination laws. Maveety, who in addition to being a scholar of constitutional law also studies mixology, shares how she selected a signature cocktail for each chief justice's tenure. She also has a drink suggestion for readers which encorporates an ingredient that's known to be one of Justice Ginsburg's favorites–and a cautionary tale about a normally teetotaling chief justice who dropped dead after sipping a sherry.
When Ralph Baxter joined the inaugural class of Legal Rebels in 2009, he was the CEO and chairman of Orrick Herrington & Sutcliffe. Just a year into the biggest recession since the Great Depression, he caught the ABA Journal’s attention through his initiatives that took Orrick from a domestic, California-based firm to an international heavyweight while navigating economic turbulence. Since leaving the firm in 2013—after 23 years as chairman–he has gone on to consult with law firms looking to improve their business and service models, sit on the board of LegalZoom and run for the U.S. House of Representatives as a Democrat from West Virginia in 2018. In this episode, he speaks with the ABA Journal’s Jason Tashea about where the profession has been and where he thinks it’s headed. Special thanks to our sponsor, Answer1 and Thomson Reuters Westlaw Edge.
“Fake it ‘till you make it.” For Heidi K. Brown, trying to mimic her extroverted peers in litigation always felt forced. She pushed through law school and nearly two decades of practice acting the outgoing attorney before accepting her quiet, thoughtful self. Brown wrote her book—The Introverted Lawyer: A Seven-Step Journey Toward Authentically Empowered Advocacy—with introverted, shy and socially anxious lawyers and law students in mind. In this episode of the Modern Law Library, ABA Publishing’s Ashley Alfirevic speaks to Brown about honoring yourself, affirming what’s true and embracing the blush.
Do you have a New Year's resolution to finally get your home and office in order? In this episode, professional organizer Janet Taylor speaks with the ABA Journal's Stephanie Francis Ward to share tips and tricks for finally conquering mounds of paperwork and constantly losing house keys.
A new year, a new you? Stewart Levine has spent over three decades speaking to legal professionals after suffering from burnout as a lawyer himself. His new book—The Best Lawyer You Can Be: A Guide to Physical, Mental, Emotional, and Spiritual Wellness—combines personal experiences and impactful essays from industry leaders, meant to inspire far beyond January’s best intentions. In this episode of the Modern Law Library, ABA Publishing’s Ashley Alfirevic speaks to Levine about how to engage in self-reflection, and how to implement more positive habits, self-care and collaboration into the often-stressful lawyer lifestyle.
Many lawyers are reluctant to new adopt legal technology, says Monica Goyal, who developed platforms including My Legal Briefcase, which helps parties in the Canadian small claims courts, and Aluvion Law, which uses automation to cut legal services costs for small businesses. "We think young lawyers are on Facebook, Twitter, they're using computers, and that somehow they will be more willing to try and experiment with new technology. I've found that's not the case," Goyal tells the ABA Journal's Stephanie Francis Ward in this episode of the Legal Rebels Podcast. Special thanks to our sponsor, Answer1 and Thomson Reuters Westlaw Edge.
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.
In the wake of the #MeToo movement, many have said that they no longer know how to behave in a work environment–but employment law expert Gerald Pauling doesn’t buy that. The Seyfarth Shaw partner tells the ABA Journal’s Stephanie Francis Ward that in his experience providing training to supervisors, managers and rank-and-file workers, “I almost never encounter situations where trainees or participants in training are unable to identify the lines between appropriate and inappropriate behavior. Literally almost never.” So what should law firms and lawyers be keeping in mind in an era of greater accountability? In this episode, Pauling discusses the importance of context and non-verbal cues, and how firms can protect themselves from liability and their employees from experiencing harassment.
After navigating the ups and downs of being an agent, Darren Heitner pursued another avenue that combined his love of negotiation and athletics: sports law. With his wealth of expertise and his deep knowledge of this niche practice area, Heitner packed his book—How to Play the Game: What Every Sports Attorney Needs to Know—full of real-life case studies and insights into the inner working of the games people love to watch. In this episode of the ABA Journal’s Modern Law Library, ABA Publishing’s Bryan Kay speaks to Heitner about the latest edition of his book, how to pursue a career in sports law and some of today’s hot topics in college and professional athletics.
Chatbots have a place in a law office because they can handle busy work that eats up precious time in a lawyer’s day, says LawDroid founder Tom Martin in this episode of the ABA Journal’s Legal Rebels Podcast. By wiping out such mundane tasks, it frees up time for meaningful human interactions between lawyer and client that no machine can master, he tells host Angela Morris. Special thanks to our sponsor, Answer1 and Thomson Reuters Westlaw Edge.
Ken Starr has been a D.C. Circuit Court judge, a law school dean and the U.S. solicitor general. But he is best known for his work in the Office of the Independent Counsel and the report that came to colloquially bear his name: the Starr Report, which unveiled the salacious details of President Bill Clinton's affair with former White House intern Monica Lewinsky. Twenty years after President Clinton's impeachment by the U.S. House of Representatives, Starr has written "Contempt: A Memoir of the Clinton Investigation." Starr spoke with the ABA Journal's Lee Rawles in late October about how he came to run the OIC; what the Whitewater scandal was really about; how he thinks we should evaluate conspiracy theories; and what impact being the focus of massive media coverage has had on his ideas about the importance of a free press. He also shares his thoughts on Justice Brett Kavanaugh, who served under him in the OIC, and why he advocated for an end to the Office of the Independent Counsel.
If a client can’t or won’t pay your retainer, he or she is not worth a discount, Janice Brown tells the ABA Journal’s Stephanie Francis Ward in this episode of Asked and Answered. But there are ways to explain your true value to a potential client who balks at the cost. Brown, who is the founding partner of the litigation firm Brown Law Group, advises confidence when speaking with a potential client, and gives listeners tips drawn from her own experience explaining legal fees and retainers.
Data informs, and in some cases controls, every aspect of modern life. Well, almost every aspect. “If you look at finance or medicine or sports, almost every other thing in the world is using data to make better decisions,” says Ed Walters. “Everything except law.” In this episode of the Modern Law Library, the ABA Journal’s Jason Tashea speaks with Walters, editor of “Data-Driven Law: Data Analytics and the New Legal Services.” The book is a collection of articles by data scientists, lawyers and technologists on a breadth of topics, including data mining, the accuracy of technology-assisted review in e-discovery and quantifying the quality of legal services.
Perhaps in five to seven years, as Colin Rule sees it, half of U.S. citizens who file court cases will have access to online dispute resolution software walking them step by step through their matters, resolving up to 80 percent of cases. Rule, a nonlawyer mediator, is vice president for online dispute resolution at Tyler Technologies. In this episode of the ABA Journal’s Legal Rebels Podcast, Rule speaks with Angela Morris about the possibilities–and pitfalls–for this technology. Special thanks to our sponsor, Answer1.
Three in 10 American women who are 45 or older have had an abortion, Katie Watson, author of “Scarlet A: The Ethics, Law & Politics of Ordinary Abortion,” tells the ABA Journal’s Lee Rawles. For women 44 and younger, one in four are projected to have an abortion in their lifetime. Yet for all the fiery rhetoric about the legality of abortion, Watson–who teaches bioethics, medical humanities and constitutional law at Northwestern University's Feinberg School of Medicine–has found a reluctance by people to discuss their own personal experiences with abortion, or even the nuances of their views on its ethics. While the overwhelming majority of people feel comfortable claiming the labels of either “pro-life” or “pro-choice,” when she polls people about the legality and the morality of abortion at different stages of development, there’s a lot more nuance than those binary labels suggest. In this episode of the Modern Law Library, Watson talks about ways to have productive discussions about abortion; the emerging areas of contention which could be coming before the Supreme Court; and why she thinks that doctors have been shouldering a disproportionate burden in advocating for reproductive rights and abortion access.
Want to protect democracy and ensure voters’ rights? If you are looking to ways to volunteer during the midterm elections, there are opportunities available, especially for attorneys. In this episode of the ABA Journal’s Asked & Answered, Stephanie Francis Ward speaks with Marsha Johnson-Blanco, co-director of the Voting Rights Project for the Lawyers’ Committee for Civil Rights Under Law, about how attorneys can help on Nov. 6. Lawyers are needed to answer hotline calls in a variety of cities, answering questions at polling places and filing emergency motions. The Lawyers’ Committee for Civil Rights Under Law is hoping to have about 4,000 volunteers for the midterm elections, which are expected to be incredibly hard fought. Training can be done online or in person, and volunteer work the day of the election usually takes as little as three hours. There is still time to sign up as a volunteer and complete the training program at: https://lawyerscommittee.org/election-protection-volunteer/
Law school can be a lonely, stressful time, and it’s easy to feel like you're failing to fit the model of the perfect law student. But there’s no one right way to go to law school, says Professor Kathryne M. Young, author of How to Be Sort of Happy in Law School; you can craft your own experience. In this episode of the Modern Law Library, Young talks with the ABA Journal's Lee Rawles about tackling imposter syndrome; advice that alumni wish they could give their younger selves; and techniques for getting along with your fellow students. Young uses lessons from her own law school experience and a sociological study she conducted to give practical tips for keeping a mental balance; choosing which courses and activities to pursue; managing the practical aspects of your household and budget; forming relationships with mentors and peers–and even deciding when if it's time to leave law school altogether. Young’s book offers a holistic approach to surviving–and thriving–under the social, academic and economic pressures of law school.
Ken Adams has brought his contract expertise to LegalSifter, a Pittsburgh artificial intelligence startup. The 2009 Legal Rebel and author of “A Manual of Style for Contract Drafting” sat down to discuss his new venture with the ABA Journal’s Jason Taschea. Adams says LegalSifter is a system built with human expertise to address the fact that many customers are doing the same tasks when dealing with contracts. It’s a system that will excel at flagging issues that keep coming up, and he thinks the technology will be sophisticated enough to flag the issues for any one user. Special thanks to our sponsor, Answer1.
As an associate dean of the University of Houston Law Center, Sondra Tennessee has witnessed her share of helicopter parents. She’s seen parents ask law schools to switch their child’s professor, because they didn’t think he or she was a good fit. She’s seen them try to get an extended finals date, without their child knowing that they contacted the school. She’s also heard of parents contacting potential employers for law students to get more detail about offered benefits packages. As the academic year begins, Tennessee shares her advice with the ABA Journal’s Asked and Answered on how students, parents and school administrators can halt the hover and foster students’ independence and success.
Many people promote a daily practice of meditation, spiritual contemplation and mindfulness as a way to improve your personal life and wellbeing. Attorney Jeremy Richter argues that creating a similar daily ritual to focus on developing your professional skills can be just as helpful to your clients, career and your law practice. In this episode of the Modern Law Library, the ABA Journal’s Lee Rawles speaks with Richter, author of the new book “Building a Better Law Practice: Become a Better Lawyer in Five Minutes a Day.” The book is structured to provide a daily reading on personal and professional development over a seven-week time period. Richter discusses why he decided to channel energy into blogging during the early years of his practice as an insurance litigator, and shares some lessons from that time that became inspirations for the book.
It’s too easy for attorneys to be aware that something isn’t perfect in their practices and accept the situation instead of pushing back. So says longtime legal innovator Nicole Bradick. “What it’s all about is identifying something not working as well as it should be and thinking of possible solutions,” says Bradick, who in January launched a legal technology company, Theory and Principle, that aims to do just that: “Ask why is this happening, and are there any changes we can make to fix the problem?” Special thanks to our sponsor, Answer1.
One of many lawyers’ worst fears is that a client, opposing party or even a random stranger may try to physically hurt them, often for nothing more than the attorney doing his or her job. In this episode of the ABA Journal's Asked and Answered, Stephanie Francis Ward speaks with Ty Smith, a retired Navy SEAL who founded Vigilance Risk Solutions Inc., a security consulting business that focuses on workplace violence prevention.
The authority to impeach and remove a U.S. president is one of the legislative branch's most powerful weapons. But in the country's history, despite many periods of open hostility between Congress and the executive branch, no president has been removed from office through the impeachment procedure. Why is that? In this episode of the Modern Law Library, constitutional litigator Joshua Matz discusses "To End a Presidency: The Power of Impeachment," a book he co-wrote with Laurence Tribe. Matz explains the debates the founders had over including impeachment in the Constitution; some of the lesser-known 19th-century impeachment controversies; and why he believes that the partisan use of impeachment rhetoric over the past 40 years has not been positive for U.S. democracy.
When Amy Porter founded the online payment platform AffiniPay, she drew on her experience as a college athlete—cheerleading while majoring in merchandising at the University of Texas at Austin—which led to work as a sales representative with Varsity Brands, an athletic clothing company. Her businesses now include LawPay, an online payment platform for attorneys, and CPACharge, which she developed after discovering accountants were using LawPay for online payments. Special thanks to our sponsor, Answer1.
When approaching a difficult conversation at work, reframe it in your mind as a discussion that can help improve your relationship with someone, says Michele Coleman Mayes in this episode of the Asked and Answered: Lived and Learned series. “You have to work harder to listen to someone you’d rather not hear talk,” says Mayes, vice president and general counsel with the New York Public Library. You may need to have multiple difficult conversations for a situation to improve, she says, but as you repeatedly speak with the person, you can learn what sort of communication works best for him or her.
U.S. Army veteran and criminal defense lawyer Mia Yamamoto decided to publicly transition genders when she turned 60. Being her authentic self was so important that she told herself, "I don't care if someone shoots me the day after I transition. I'm going to transition. I'm going to die as a woman." In this episode of the Asked and Answered: Lived and Learned series, Yamamoto discusses the importance of fighting for those who come after you, and of advocating for yourself. She describes her fears about how her transition would impact her career and her clients, and the "astonishing" response she's received.
If you’re working on a client matter and get even the slightest sense that something you’re doing may cause problems down the road, ask another lawyer about it, says Lucian Pera, a Memphis partner at Adams & Reese who frequently advises attorneys on professional responsibility rules. In this episode of the Asked and Answered: Lived and Learned series, Pera says that he's learned that everyone, including lawyers, can use an outside perspective when they have an uneasy feeling about a work situation.
There are some issues that people with opposing views may never agree on, particularly when one group has significantly more power than the other. But sometimes when an issue is brought to authority figures’ attention, they can be convinced to do the right thing, says Cruz Reynoso, a former California state supreme court justice. In this episode of the Asked and Answered: Lived and Learned series, Reynoso discusses how his father's philosophy as a farmworker inspired him as a labor rights advocate and attorney to always fulfill his own obligations, and to ask those in power to fulfill theirs as well.
When her career was getting started in the 1970s, a partner interviewing Roberta “Bobbi” Liebenberg for an associate position asked if she would cry when things went south in court. "Why, do you want me to?" quipped Liebenberg. In this episode of the Asked and Answered: Lived and Learned series, Liebenberg says that in her career as one of the few women appointed as lead counsel for plaintiffs in multidistrict litigation, she's learned that laughter has a place in the workplace. Humor plays a significant role in diffusing the tension that come with practicing law, says Liebenberg, now a senior partner at Fine Kaplan and Black in Philadelphia. But it’s something many law firms overlook, even though it can lead to a more collegial work environment and help with attorney retention.
A veteran who graduated from law school following a 14-year career with the U.S. Air Force, Andrés Gallegos was married with a young family when an auto accident resulted in him having quadriplegia. In this episode of the Asked and Answered: Lived and Learned series, Gallegos says he learned never to let anyone else's perception of his capabilities limit him in achieving his dreams. Gallegos, now a shareholder with Chicago's Robbins, Salomon & Patt, is a healthcare attorney and a disability rights advocate.
Lisa Scottoline, C.E. Tobisman and Scott Turow have at least three things in common: They’re all novelists, attorneys and nominees for this year’s Harper Lee Prize for Legal Fiction. In this special episode, the ABA Journal’s Lee Rawles speaks with all three authors about their nominated books, their creative processes, and the role they believe lawyers play in society. To cast a vote for one of the three authors to win, go to http://www.abajournal.com/polls/HarperLeePrize2018 before midnight on June 30.
Since the late 1990s, Joyce Raby has spent a career bringing technology to legal aid. While a booster and believer in technology’s potential to improve America’s legal system, her experience is tempering. “We’ve been saying for a very long time that technology was going to be the saving grace for the justice ecosystem,” she says. “I don’t think it is.” Having worked with the Legal Services Corp. and the Washington State Bar Association, she continues her legal technology trajectory as executive director of the Florida Justice Technology Center.
This August, lawyers from around the country will come to Chicago for the ABA Annual Meeting. Wondering whether to make the trip yourself? In this special bonus episode of Asked and Answered, we’re joined by ABA President Hilarie Bass and Marty Balogh of the Meetings and Travel Department to discuss the new offerings, event highlights and local attractions attendees should be sure to check out in the ABA’s hometown from Aug. 2-7.
From 1873 until his death in 1915, Anthony Comstock was the most powerful shaper of American censorship and obscenity laws. Although he was neither an attorney nor an elected official, Comstock used an appointed position as a special agent of the U.S. Post Office Department and legislation known as the Comstock Laws to order the arrests and prosecutions of hundreds of artists, publishers, doctors and anyone else he felt was promoting vice. For decades, Comstock was the sole arbiter and definer in the United States of what was obscene–and his definition was expansive. In Lust on Trial: Censorship and the Rise of American Obscenity in the Age of Anthony Comstock, author Amy Werbel explains how Comstock’s religious fervor and backing by wealthy New York society members led to a raft of harsh federal and state censorship laws–and how the backlash to Comstock’s actions helped create a new civil liberties movement among defense lawyers.
Lawyers' mental health has been a topic of increasing discussion and awareness, combined with efforts to help lawyers deal with anxiety, depression and addiction issues. But an aspect of mental health that is sometimes overlooked is body image, and the consequences of body dysmorphia and eating disorders. In this episode of Asked and Answered, the ABA Journal's Stephanie Francis Ward speaks with lawyer Brian Cuban about his decades long struggle with body dysmorphic disorder, and how he learned to address it. Cuban is the author of "Shattered Image: My Triumph Over Body Dysmorphic Disorder," a memoir about his recovery.
After losing both the 1960 presidential election and the 1962 California governor’s race, Richard Milhouse Nixon vowed at a press conference, “You won’t have Nixon to kick around anymore” and seemed to have written the epitaph to his political career. He left for New York and became a partner in a white shoe law firm. Yet six years later, he would win the White House, in no small part because of that firm. In this episode of the Modern Law Library, Victor Li explains how Nixon leveraged his time at Nixon, Mudge, Rose, Guthrie & Alexander to resurrect both his political viability and the firm’s financial standing. He discusses his new book, “Nixon in New York: How Wall Street Helped Richard Nixon Win the White House,” and shares what it was like to have Nixon as a law partner, from piano/clarinet jam sessions to landing a huge client by getting Khrushchev to drink a Pepsi.
As electronic data became more prevalent in the 1990s, Judge Andrew Peck, an ABA Journal Legal Rebels Trailblazer, wrote a line that would be quoted by judges and lawyers for generations to come. “It is black-letter law that computerized data is discoverable if relevant,” he wrote in Anti-Monopoly Inc. v. Hasbro Inc. It was one of Peck’s earliest decisions from the bench. In this episode of the Legal Rebels Podcast, Peck discusses his career and the technological changes he experienced with the ABA Journal’s Victor Li.
Studies have shown that implicit bias is something that affects everyone to some degree. So what steps can legal professionals at all ranks take to make the justice system fairer and more equitable? In this episode of the Modern Law Library, the ABA Journal’s Lee Rawles speaks with Judge Bernice Donald of the Cincinnati-based 6th U.S. Circuit Court of Appeals and Prof. Sarah E. Redfield about Enhancing Justice: Reducing Bias, a book which Redfield edited and Donald contributed to. They discuss the latest research on bias, and give concrete tips for managing it.
Newly minted law grads will soon be entering the job market, but where are they most likely to find employment? In this episode of Asked and Answered, the ABA Journal's Stephanie Francis Ward speaks with Valerie Fontaine, founding partner of the legal search firm SeltzerFontaine, about which in-demand areas of law have open job positions–and how law grads can secure them.
As violent crime in New York City peaked from 1988-1991, policy makers were desperate for ways to combat and prevent it. In 1994, a new theory was embraced by the NYPD: that by controlling low-level “quality-of-life” violations like vandalism, noise complaints, traffic violations and aggressive panhandling, the police would ward off violent crime and more serious property crimes. Violent crime numbers had already begun to dip, but now misdemeanor arrests shot up, pulling in tens of thousands of people with no prior criminal record. In this episode of the Modern Law Library, Prof. Issa Kohler-Hausmann explains to the ABA Journal’s Lee Rawles the impact this change in tactics had for New York City police, courts and residents, and discusses her new book, “Misdemeanorland: Criminal Courts and Social Control in an Age of Broken Windows Policing.”
In the 45 years since Roe v. Wade was decided, it has been a focal point for both anti-abortion and pro-abortion rights groups. But the opinion in the 1973 case has also been used by activists of liberal, libertarian and conservative ideologies to develop privacy arguments for issues ranging from access to experimental drugs to euthanasia to personal data security to sex worker rights. In this episode of the Modern Law Library, the ABA Journal's Lee Rawles speaks with Mary Ziegler, author of the new book Beyond Abortion: Roe v. Wade and the Battle for Privacy. Ziegler discusses what Roe v. Wade's legacy has been, and how it advanced–or failed to advance–Americans' right to privacy.
Mike Dillon has seen a lot change over his career as general counsel to some of the nation’s largest technology companies. Working for Silver Spring Networks, Sun Microsystems and, most recently, Adobe Systems, he witnessed firsthand how digitization and globalization affected the operation and practice of a general counsel’s office. In this episode of the Legal Rebels podcast, he speaks with the ABA Journal's Jason Taschea about his work. Special thanks to our sponsor, Answer1.
Wellness is not just about eating health food and exercising, Jolene Park tells the ABA Journal’s Stephanie Francis Ward in this episode of Asked Answered. It’s also getting enough time to relax, getting enough sleep and not being stressed out about your job or finances–and employers can play a big role in all of those things. Park is the founder of Healthy Discoveries, a corporate wellness company. She says that something to consider when creating employee wellness programs is that people respond more positively when their actions make them feel better, as opposed to when they’re scared into eating better or working out more. A big part of wellness is being kind to yourself, and managers can go a long way in helping the people they supervise recognize that people need to recharge; everything is not always going to be perfect; and making a mistake is not the end of the world.
When we think of civil rights movements, the first to spring to mind might be the battles against African-American segregation or for women's suffrage. But one of the longest, most successful–and least-known–of these movements in America has been made on behalf of corporations. In this episode of the Modern Law Library, Prof. Adam Winkler, author of We the Corporations: How American Businesses Won Their Civil Rights, shares what he learned from his investigation into how corporations have achieved constitutional protections ranging from the right to sue and be sued, to individual rights like religious liberty protections and freedom of speech.
Richard Granat–the creator of MyLawyer.com, SmartLegalForms and the People’s Law Library of Maryland–has joined Intraspexion, a new artificial-intelligence software company, as a strategic adviser. At 75, Richard Granat does not fit the stereotype of a startup entrepreneur. However, he says, although there may be bias against older entrepreneurs, his experience is a benefit, not a detraction.
For nearly two decades, Dr. Steven Hayne and Dr. Michael West were the go-to experts that Mississippi law enforcement and prosecutors relied on when there was a potential homicide. Haynes performed the bulk of the autopsies in the state, while West was a dentist who touted his skill in bite-mark analysis. But after years of investigations and countless testimonies from the men, their claims of expertise began to fall apart–and wrongful convictions began coming to light. In The Cadaver King and the Country Dentist: A True Story of Injustice in the American South, authors Radley Balko and Tucker Carrington lay out how the state’s legal system aided and abetted the use of flawed forensic evidence; how systemic racism influenced Mississippi’s coroner system; and the stories of some of the innocent people whose lives were derailed. Carrington, the founding director of the Mississippi Innocence Project and Clinic at the University of Mississippi School of Law, joins the ABA Journal’s Lee Rawles for this episode of the Modern Law Library.
You love technology, you love the law, and you want a career that combines the two. But what kinds of legal tech jobs will be the most in-demand, and how can you get them? E-discovery and privacy law should be two areas that legal tech jobseekers look into, Shannon Capone Kirk tells the ABA Journal's Stephanie Francis Ward in this episode of Asked and Answered. Kirk, who is e-discovery counsel at Ropes & Gray, first got her start as an associate after being assigned a case with a warehouse full of digital tapes to be analyzed, she tells Ward. Within a few years, she'd started her own e-discovery practice.
Being trapped on an elevator leads to romance for the hero and heroine in The Wedding Date, written by attorney Jasmine Guillory. When a pediatric surgeon impulsively asks the mayor's chief of staff to be his date to his ex-girlfriend's wedding that weekend, sparks fly. But can the two make a long-distance relationship work? In this episode of the Modern Law Library, Guillory tells the ABA Journal's Lee Rawles that writing served as a stress release from her legal work and functioned as her creative outlet. She discusses the challenges of representation for women of color in the romance industry, and the issues she had to consider when writing about an interracial couple falling in love. Guillory also shares how her background in legal aid helped inspire a subplot of the book, as the heroine tries to win funding for a diversionary program for at-risk teens.
As general counsel for the Teamsters Union Local 810, Mark Torres spends his days arguing for workers' rights. But another of his passions is writing; he published his debut crime novel in 2015. So when he was approached by Hard Ball Press to write a bilingual children's book explaining the importance of labor unions in ways that kids could connect with, Torres agreed. In this episode of the Modern Law Library, he shares with the ABA Journal's Lee Rawles what the process of writing the children's book “Good Guy Jake” was like, why he feels it's necessary for kids to learn about the modern labor movement and how the book has been received by kids and Teamsters alike.
Do you dread going to work? If so, maybe it's time to look at the other ways you can flex your legal skills, says Nancy Levit, co-author of The Happy Lawyer: Making a Good Life in the Law. There are many types of jobs for lawyers, and sometimes what you thought you wanted to do doesn’t work out, Levit tells the ABA Journal's Stephanie Francis Ward in this episode of Asked and Answered. She shares tips on how to find the work you want to do, and how to find joy in the work you're already doing.law lawyer legal podcast attorney practice
To Bryan Garner, editor in chief of Black’s Law Dictionary, Justice Antonin Scalia was a friend, a mentor, a collaborator and a fellow lover of words. In the wake of Scalia’s death on Feb. 13, 2016, Garner reflected back over their relationship, from their first brief introduction in 1988 to the trip they took to Asia together in the last weeks of Scalia’s life. In this episode of the Modern Law Library, Garner speaks with the ABA Journal’s Lee Rawles about what gave him the confidence to ask a sitting Supreme Court justice to co-author two books; the four style issues he and Scalia were never able to agree on; and what it was like to write his first memoir.
Robert Litt has confronted cybersecurity and encryption issues for two presidential administrations. With Russian interference in the 2016 election as a backdrop, Litt, an ABA Journal Legal Rebels Trailblazer, says the U.S. has been facing online threats essentially since the internet's creation.
Confronting someone about a substance abuse problem--or owning that you have one--is not easy, but lawyers assistance programs can help. Usually referred to as LAPs and offered by attorney regulation agencies, the programs guarantee confidentiality when attorneys reach out to them. And if an attorney has committed an actionable offense, entering recovery before it comes to light and being able to show commitment to getting better can be a mitigating factor if he or she faces disciplinary charges. In this episode of Asked & Answered, the ABA Journal’s Stephanie Francis Ward speaks to Bree Buchanan about how LAPs work, and how a person can reach out for assistance.
You have reason to believe you’re being monitored by the government, that they are following you and cataloging everywhere you go and everyone you talk to. The knowledge haunts you, and has a chilling effect on everything you do. But can you sue to stop it? In this month’s episode, the ABA Journal’s Lee Rawles speaks with Jeffrey Vagle about his new book, Being Watched: Legal Challenges to Government Surveillance about the current challenges to government surveillance, and a seminal Supreme Court case in 1972 whose effects are still being felt today. Vagle tells the story of Arlo Tatum, a Quaker and anti-war activist who went to prison twice as a conscientious objector rather than sign up for the WWII and Korean War drafts. When he discovered in 1970 that U.S. military intelligence had been following and gathering intelligence on him, he sued the Secretary of Defense. What happened next has had lingering ramifications.
In this month’s Modern Law Library, we read a thrilling tale of dueling toymakers, corporate espionage and a group of brats taking on the queen of the DreamHouse. Prof. Orly Lobel, author of “You Don’t Own Me: How Mattel v. MGA Entertainment Exposed Barbie’s Dark Side,” speaks to the ABA Journal’s Lee Rawles about how an intellectual property dispute between the maker of Barbie and the creator of Bratz spun into a legal battle that would last more than a decade.
Adriana Linares considers it a badge of honor to work in the legal profession without being a lawyer. Linares co-founded LawTech Partners with Allan Mackenzie in 2004 after several years in the IT departments of two of the largest firms in Florida. Now she travels across Florida, throughout the country and sometimes abroad as a law practice consultant and legal technology coach. “Lawyers, as far as I’ve ever seen, certainly understand how to research and apply law in a way that helps their clients,” she says. “But where they might need my help is identifying tools and services that will help them with their practice management.”
As a former federal prosecutor in Washington, D.C., Paul Butler once worked to put people in prison. Now, he has come to believe that prisons should be abolished. In this episode of the Modern Law Library, Butler speaks with the ABA Journal's Lee Rawles about the racial inequities built into the system; his advice for young black men interacting with the police; and his view that radical re-imagining, rather than incremental reform, is the only way to fully address the harm done to civil rights by the criminal justice system.
True etiquette is behaving in a way that makes people feel comfortable, it's not about stuffy rules. But as social norms change, some people have a hard time separating personal from professional behavior. Before your firm's holiday party, it may be time to check in on what is—and is not—appropriate. In this episode of Asked and Answered, the ABA Journal’s Stephanie Francis Ward speaks with Dr. Sharon Meit Abrahams, director of professional development for Foley Lardner LLP, about common social faux pas lawyers make, and how best to avoid them.
With resource-strapped police departments facing pressure to avert crime and end racially discriminatory police practices, many are turning to data-driven surveillance technology with the thought that it could be both more objective and more effective. But without transparency into what technology police are using and how the data is gathered, can the public have confidence that these tools will be used responsibly or effectively? In this episode of the Modern Law Library, the ABA Journal's Lee Rawles speaks with Andrew Guthrie Ferguson, author of The Rise of Big Data Policing: Surveillance, Race, and the Future of Law Enforcement. Ferguson discusses how these tools became popular, how they can be used and misused, how implicit bias can taint results, and the limits of predictive technology. He also shares suggestions for how citizens can have an impact on how data is used to police their community.