Legal Talk Network - Law News and Legal Topics

What’s up at the U.S. Supreme Court, which has rocked the legal world with a conservative majority rolling back rights the rights of minorities, including 2023 rulings against affirmative action for college admissions and affirming the rights of business owners to deny service to LGBTQ patrons based on religious beliefs. 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. Learn more about your ad choices. Visit megaphone.fm/adchoices

Supreme Court Correspondent Nina Totenberg discusses her fifty-year career as a reporter covering some of the most important Supreme Court decisions of our time. As a front-row witness to history, with unique access to Supreme Court Justices and Washington D.C. policymakers, Nina joins SideBar cohosts Jackie Gardina and Mitch Winick to discuss the importance of building relationships - with the Court - within the Court - and most importantly, with the public. Along with Susan Stamberg, Cokie Roberts, and Linda Wertheimer, Nina was one of the "Four Mothers of National Public Radio" who laid the foundation of one of the most respected news organizations in America. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, Marcus Ohanesian joins me to teach lawyers and law firms how to reduce the visual strain of cluttered websites. Meet Marcus, the proud owner of Perfect Evolution, a seasoned branding and web designer who's equally passionate about sipping craft beer, savoring coffee, and relishing sandwiches. With extensive experience in the realm of visual design and project management, Marcus specializes in crafting polished, captivating, and informative design journeys tailored for small enterprises. Marcus possesses the unique skill of transforming your ideas into reality, working in close partnership with you to encapsulate your distinct visual identity. Every project undertaken by Perfect Evolution reflects the culmination of Marcus's creative prowess and technical finesse, honed over two decades of immersion in the world of visual marketing. This rich experience empowers their clients to shine through arresting design, garnering attention from a wider audience of potential customers. Marcus gives listeners actionable tips on: [0:00] Intro [2:25] Biggest problem visually that people do with their website [6:10] What is the happening in the mind of the user when you overload your website [8:45] How to communicate with your customer without overly using legal jargon [12:40] Directing a conversation with an overwhelmed potential client that may not understand legal terms [15:50] Website design best practices [18:00] Developing baseline analytics [19:55] Tips for evaluating your website [22:40] Problematic aspects on a website [25:00] Why ‘white space’ is so important [30:15] Tips for branding your website, including logos and fonts [36:45] How branding impacts website conversions [38:10] Tracking clicks, CTAS, and understanding where traffic comes from [42:50] Marcus’ book review [47:35] One key takeaway from this episode Resources mentioned in this episode: Stories that Stick by Kindra Hall Connect with Marcus here: https://www.instagram.com/perfectevodesign/ https://www.twitter.com/perfevolution https://www.linkedin.com/company/perfect-evolution/ https://www.perfectevolution.xyz/ Connect with me Instagram Pinterest Facebook Twitter Karin on Twitter Karin on LinkedIn Conroy Creative Counsel on Facebook https://conroycreativecounsel.com Learn more about your ad choices. Visit megaphone.fm/adchoices

It’s been 563 days, but we’re finally back in the Playroom with musical guest Mark Oblinger. Mark holds the double distinction of being an Emmy-winning/Grammy-nominated musician AND having a longtime connection with this very podcast! Tune in for Jared and Mark’s chat about his colorful career in music and audio. Mark highlights his time playing with bands like Firefall and Pure Prairie League, his successful stint in the tv-music world, and his current budding career as a solo artist. And then, the good stuff! Mark performs two of his songs live, including his slightly darker, melancholy version of the classic hit “Amie” by Pure Prairie League. Learn more about Mark and his upcoming tours and projects at: https://markoblinger.com/ ----- Mark's done us the kindness of putting together an absolutely stellar playlist for our enjoyment. Check out some of the songs that inspire his work and maybe become inspired as well. ----- Our opening track is Two Cigarettes by Major Label Interest. Our closing track is Little Bird from Mark's 2019 album High Water Line. Learn more about your ad choices. Visit megaphone.fm/adchoices

With primaries set to start in spring of 2024, an upcoming presidential election, and a number of federal & state indictments against former President Trump, including the January 6th indictment, section 3 of the 14th amendment has taken center stage. It reads "no person who has taken an oath as an officer of the United States can hold office if they “have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof”. So, will Section 3 of the 14th Amendment actually impact the presidential election and eliminate Donald Trump from the running? In this episode, host Craig Williams is joined by guest Ron Fein, the Legal Director for Free Speech For People. as they spotlight Section 3 and what this could mean for the upcoming presidential election. Mentioned in this Episode: The Sweep and Force of Section 3 by William Baude and Michael Stokes Paulsen The Constitution Prohibits Trump From Ever Being President Again by J. Michael Luttig and Laurence H. Tribe Conservative Case Emerges to Disqualify Trump for Role on Jan. 6 by Adam Liptak The 14Point3 Campaign Trump is Disqualified Learn more about your ad choices. Visit megaphone.fm/adchoices

Business owners often hear the advice: “hire help and delegate!” In this episode, Stephanie talks with entrepreneur Dan Martell about why you should hire to buy back your time. Learn how small shifts in how you think as a business owner can make big impacts on your business—and your happiness! To start, Dan shares why it’s time for lawyers to let go of their inboxes and calendars. We know why you think that is impossible but listen to hear why it is essential. Links from the episode: If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap Revisited yet, get the first chapter right now for free! Thanks to Posh Virtual Receptionists, Postali & LawPay for sponsoring this episode. Learn more about your ad choices. Visit megaphone.fm/adchoices

Lee Sale from Expert Service Provider S-E-A discusses the investigations of crane-related accidents and the impact on claims. Learn more about your ad choices. Visit megaphone.fm/adchoices

A little Broadway for this week's title. ----- Law firm productivity is down, but are we really worried about that? It's a traditional harbinger of layoffs, though something about this market feels a bit different. Meanwhile, a right-wing advocacy group has sued a pair of Biglaw firms for offering fellowship programs aimed at improving diversity -- offering a lesson in forum shopping along the way. Finally, former ASS Law professor Joshua Wright brought a defamation suit against former students for harming his professional reputation. He admits that, as a married professor, he was sleeping with multiple students simultaneously but seems to think that's NOT the part that ruins his reputation. Learn more about your ad choices. Visit megaphone.fm/adchoices

Do you apologize for moving a meeting or asking a legitimate question? Apologizing can be a knee jerk reaction that implies a weak position, or it can be a powerful tool to get what you want. We’ll discuss when it’s appropriate to apologize and how to do it without diminishing your self-worth. Learn more about your ad choices. Visit megaphone.fm/adchoices

The corporate rep depo is a powerful tool to expand discovery and solidify facts in your case. Today’s discussion covers what information you should seek in a corporate rep depo, effective ways to organize comprehensive topics and questions, and how to address common objections. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, Matthew Stafford joins me to talk about SEO, and we dig deep to uncover how it works beyond traffic. Matthew Stafford is the CEO and Owner of Build Grow Scale and the mad scientist behind the data and development of BGS’s Revenue Optimization TM system. He has a keen eye for impediments in the customer journey, is excellent at interpreting data to find diamonds in the rough, and can see things from a business owner’s perspective, having run his own companies for the past 27 years. Although he won’t tell you himself, he is known as the top Shopify optimization expert in the game, with nearly a billion dollars worth of data over the last ten years alone. He spends a ton of time turning people away. But we are excited to have him here to share the wins and, more importantly, some of the losses from all this data. Matthew gives listeners actionable tips on: [0:00] Intro [2:05] The most important metrics to pay attention to [4:20] How to streamline your website for better conversions without expending extra energy [9:30] Tips to optimize your call to action buttons [12:20] What to track and pay attention to in terms of analytics [16:40] Prioritizing optimization [18:40] How local search plays into higher conversion rates [26:50] SEO know, like and trust factors [28:30] Creating your authentic voice and personality with AI [30:55] Matthew’s book recommendation [33:35] One big takeaway from this episode [35:20] Optimizing your website for mobile Resources mentioned in this episode: 10x is Easier than 2x by Dan Sullivan Connect with Matthew here: https://www.instagram.com/matthewstafford815/ https://twitter.com/BuildGrowScale https://www.linkedin.com/in/matthewstafforddotcom/ https://www.facebook.com/matthewjacobstafford https://buildgrowscale.com/ Connect with me Instagram Pinterest Facebook Twitter Karin on Twitter Karin on LinkedIn Conroy Creative Counsel on Facebook https://conroycreativecounsel.com Learn more about your ad choices. Visit megaphone.fm/adchoices

After almost 40 years on the bench, Judge Pauline Newman of the U.S. Court of Appeals for the Federal Circuit has sued her chief, two judge colleagues and the Federal Circuit Judicial Council, following a court committee interview and a medical records request, which she denied, and a suggestion that she should be suspended from work for one year. Learn more about your ad choices. Visit megaphone.fm/adchoices

Nearly every person has had the frustrating experience of being told that an appliance or piece of electronic equipment cannot be repaired. Why are we told that a laptop cannot be repaired when the battery dies or that our dishwasher needs to be replaced when the electronic control panel malfunctions? In this episode, hosts Trisha Rich and Jennifer Byrne chat with Gay Gordon-Byrne, founder of the Digital Right to Repair Coalition (repair.org), about the far-reaching economic and environmental benefits of empowering consumers by protecting their right to repair their own stuff. Learn more about your ad choices. Visit megaphone.fm/adchoices

Nick Rishwain joins the guys as another fresh voice on the current happenings in legal technology. Nick shares his approach to helping attorneys understand and make the most of legal tech and discusses areas where competence still has a long way to go. Later, Dennis & Tom pick his brain on AI, blockchain, collaboration, exciting new startups, social media, and much more. As always, stay tuned for the parting shots, that one tip, website, or observation that you can use the second the podcast ends. Have a technology question for Dennis and Tom? Call their Tech Question Hotline at 720-441-6820 for the answers to your most burning tech questions. Nick Rishwain is Vice President of business development and relations at Experts.com. Show Notes - Kennedy-Mighell Report #346 Show Notes - Kennedy-Mighell Report #346 A Segment: Fresh Voices on Legal Tech - Nick Rishwain Experts.com B Segment: More with Nick Rishwain Parting Shots: Experts.com Readwise Reader Getting Things Done Method Learn more about your ad choices. Visit megaphone.fm/adchoices

Kirk Simoneau joins Sara to explore client experience design and accessibility. Sharing his journey from trauma survivor to lawyer, Kirk emphasizes the importance of understanding the client's perspective and creating a personalized and empathetic client experience. He advocates customizing spaces and communication to clients’ individual needs, but for taking on pro bono work and representing people with disabilities, as it can be both financially rewarding and make a positive impact. You’ll also learn the origins of his firm’s name, "Red Sneaker Law." Links from the episode: Lawyerist LabCon Red Sneaker Law If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap Revisited yet, get the first chapter right now for free! Thanks to Posh Virtual Receptionists, Postali & LawPay for sponsoring this episode. Learn more about your ad choices. Visit megaphone.fm/adchoices

AI is capable of doing so many things in the legal tech world, not least of which are its uses in digital forensics. Sharon Nelson and John Simek welcome Shashi Angadi to discuss AI’s current applications in cybersecurity—including threat detection, analysis, evidence gathering, and more. Shashi offers real-world examples of AI at work and shares his thoughts on what we might expect in the future of generative AI technologies. Shashi Angadi is CTO at Exterro and one of its original co-founders. Learn more about your ad choices. Visit megaphone.fm/adchoices

Guest Alexandra Graves tells her story, and it’s unreal. Bad things happen to good people. She was experiencing headaches and vision issues as a 2L and discovered she had a brain tumor. She needed neurosurgery and had to withdraw from classes. Then she started over. If you hit obstacles, and you will, you can overcome them. Life can throw you for a loop. You can fight back. You are not alone. Graves’ story is an inspiring tale of pursuing dreams, no matter what. She took a step back and went back to law school. But while studying for the bar, her brain tumor came back, and she failed the exam. Anyone can fail because of medical issues or other distractions. Failing the bar, for whatever reason, hurts. But it’s not the end of the world, and you can regroup and pass if you don’t give up. Through it all, Graves learned what’s important to her. She set her priorities (she loves spending life with her animals, especially her new baby donkey, and being close to her family). Do what you love and love what you do. Don’t sweat the small stuff (or even some of the big stuff). You got this. Plus, an update on some big legal rulings: Andy Warhol, Prince, Fair Use, NIL rules (College athletes), and more. Learn more about your ad choices. Visit megaphone.fm/adchoices

The Fifth Circuit judge made a bunch of headlines last week and we jump into all of them. Plus Texas's use of water saws and Ron De Santis isn't faring well in his battle with Disney. (Always bet on Mickey.) Learn more about your ad choices. Visit megaphone.fm/adchoices

It’s time for the Modern Law Library’s summer recommendations episode, in which host Lee Rawles shares her pop culture picks with you, plus a re-airing of one of our older episodes with current relevance. This year, that episode is our 2018 interview with Kathryne M. Young about How to Be Sort of Happy in Law School. Young used her background in sociology to gather data from students, alumni, faculty and law-school dropouts on their experiences during and after law school. Based on her findings—and her own experiences as a law student and professor—she offers advice on protecting your mental health; choosing courses and activities to pursue; managing the practical aspects of your household and budget; and forming relationships with mentors and peers. She also discusses how to decide when if it’s time to leave law school altogether. Rawles also shares some favorites from what she’s been reading, watching and listening to since our 2022 year-end pop culture picks episode. If you have your own favorite reads so far in 2023, send your recommendations to [email protected] with a brief description, and we may choose to highlight them on our social media. Learn more about your ad choices. Visit megaphone.fm/adchoices

Your product liability case isn’t just about a single product. Design changes, comparable models, previous incidents and marketing materials should be carefully examined to find the potential flaw or “profit over people” claim for liability. We’ll offer more tips on where to look to find this information and how to use it. Learn more about your ad choices. Visit megaphone.fm/adchoices

According to the Humane Society, 4.7 million people are bitten by dogs every year in the United States. Today we take a look at the laws regarding responsible pet ownership, including what constitutes vicious propensity and what your insurance may or may not cover if you or your dog is injured by another person’s pet. Learn more about your ad choices. Visit megaphone.fm/adchoices

Does SEO demand that you prune old content from your website? And, Gyi and Conrad pick The Face and The Guest during round 3 of the marketing dream team draft. ----- Improving your SEO performance is always a good idea, but there have been disagreements of late as to whether deleting underperforming content is a means to that end. So, what’s the deal? Should you, indeed, prune legacy content? As usual, the answer may not be black and white, but Gyi and Conrad draw from their years of experience to explain how to analyze performance in order to decide what to do with older content. Later, time for round three of drafting your marketing dream team! Conrad picks The Face—an individual your law firm puts forward to rally affinity toward your business. Gyi picks… The Guest! Who’s that? Someone whose respected expertise translates into podcasts, events, speaking engagements, and more. The News: So, CNET is deleting old articles to try to improve its Google Search ranking. Google’s Danny Sullivan and John Mueller say, “No, absolutely not”, but Gyi and Conrad say, “Hmm…” Also sensational—The ABA just pulled an Op-Ed on lawyer reforms —what’s that all about? Lawmatics has some cool new features, and so does CallRail Labs. Could it be that they both listened to this LHLM? Mentioned in this Episode: Our other Marketing Dream Team picks: Round 1 Round 2 Leave Us an Apple Review Lunch Hour Legal Marketing now on YouTube Lunch Hour Legal Marketing on TikTok Learn more about your ad choices. Visit megaphone.fm/adchoices

Experts from Bay Area Legal Services and Florida Youth SHINE discuss developments in access to legal information for foster youth on LSC's “Talk Justice” podcast. A new website and app, FosterPower, enables Florida’s foster youth to easily access information on their rights, and the state of Florida has passed a bill requiring more information for foster youth. Learn more about your ad choices. Visit megaphone.fm/adchoices

Is your marketing missing a key component, say, a way to reach Spanish speaking audiences? Many attorneys miss a large segment of their community that wants legal services, if only they would reach out. Guest Hugo Gomez founded and leads Abogados Now, a digital marketing company that helps connect attorneys in the U.S. with the Spanish-speaking communities around them. This is about more than hiring a translator, this is about understanding different cultures and reaching out to them. Go beyond adding a “Google Translate” button to your website. What works in English often doesn’t work in another language. Even in Spanish the language and nuances vary from country to country, community to community. Think it doesn’t matter? The Spanish speaking market is the fastest growing segment in the U.S., and nearly 1 in 5 people in the country have connections to Spanish speaking communities. The numbers don’t lie. It’s a massive market. But it’s not easy, and it takes experts who understand the cultures. Reaching out, effectively, to the Spanish speaking markets in your area can be your competitive edge. Learn the steps you can take to establish an entirely new arm to your marketing and the services you provide and the people you help. Learn about adding a layer of authenticity, understanding, and honest representation. What works, where do you present yourself, and how do you reach these markets? Mentioned in this Episode: Law360, “Abogados Now Founder On Reaching Spanish Speakers” Join The Un-Billable Hour Community Table Learn more about your ad choices. Visit megaphone.fm/adchoices

Learn how MeanPug, a law firm marketing company, manages a multitude of projects, tasks, and workflows within their company. Listen-in as Zack talks with founding partner, Bobby Steinbach, about their project management software journey. And learn how you can use project management concepts to drive efficiency and productivity in your firm. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, Jessica Aries joins me to talk about social media growth hacks and how lawyers can leverage the digital space, master the right platform for them, and create massive impact with their clients. Jessica is a lawyer turned digital marketer who helps lawyers simplify their digital marketing to build consistent visibility and profitable practice. A former in-house legal marketer at some of the largest and fastest-growing firms in the world, Jessica understands the pressures lawyers face and strives to help them perfect their digital presence to build relationships, develop new opportunities, and transform their approach to marketing in an easy and approachable way. Jessica gives listeners actionable tips on: [0:00] Intro [3:30] Diversifying your content strategy [4:45] How to know if a platform is worth investing energy into [8:35] How AI has taken over [10:45] Her agency’s main social media platforms and why [12:40] Strategies for repurposing content [14:45] Advice for staying professional while keeping up with trends [20:10 How messaging changes on each platform [24:35] The consumption of video content [29:25] Telling clients they don't need to use a platform just because their competitors do it [38:30] Is there a benefit to still using Facebook [43:40] Jessica’s book review [47:40] One big takeaway from this episode Resources mentioned in this episode: Tomorrow’s Lawyers by Richard Susskind Connect with Jessica here: https://www.instagram.com/byariesmarketing/ https://www.linkedin.com/in/jessicaaries/ https://www.facebook.com/byariesmarketing https://www.byaries.com Connect with me Instagram Pinterest Facebook Twitter Karin on Twitter Karin on LinkedIn Conroy Creative Counsel on Facebook https://conroycreativecounsel.com Learn more about your ad choices. Visit megaphone.fm/adchoices

Lawyers, you really actually do need to use KPIs—that’s Key Performance Indicators for those of you who *still* haven’t kept up with good business practices. Do it! And, Jared’s here to help with a breakdown of the 5 KPI categories you need to start keeping track of, like, yesterday. Next, software demos! If you’re paralyzed with indecision about what software to use, a demo could help, but only if you ask good questions throughout the process. Jared welcomes Andreas Becker to talk about the importance of planning and strategizing to gain the knowledge you need to solve problems and increase productivity with new software. And, the Rump Roast takes yet another new turn, this time leaving us with Jared & Andreas dreaming about the songs they’d love to use in their podcasts if royalties weren’t a thing. Andreas Becker is director of business development of Lawyaw at Clio. ----- If we had no limit on the money we could spend for music, can you just imagine what music we'd use on this show. Well, IMAGINE NO MORE! Andreas and I share our dream picks for podcast music. ----- Our opening track is Two Cigarettes by Major Label Interest. Our closing track is Chillabye by Midnight Daydream. Learn more about your ad choices. Visit megaphone.fm/adchoices

While Craig is away on a well-deserved vacation, we wanted to do things a little bit differently, and share with you one of our favorite episodes from the Chicago Bar Association’s @the Bar podcast. This episode is Defending Against Domestic Violent Extremism: A Discussion with Brian Michael Jenkins. We hope you enjoy it! ----- In this episode, host Jonathan Amarilio speaks with one of the world’s leading authorities on terrorism and the man famously known for predicting 9/11, Brian Michael Jenkins of the RAND Corporation. They discuss Mr. Jenkins’ historical work as an advisor to many U.S. Presidents and governments on terrorism, as well as the current state of domestic political violence and terrorism in America. In this riveting discussion, Mr. Jenkins shares his advice for how we can develop a pragmatic strategy to combat the rising tide of violence in today’s tumultuous world. Learn more about your ad choices. Visit megaphone.fm/adchoices

Stephanie talks with Eric Webber about the silent addiction of gambling. In this episode, we explore why you can’t go anywhere or watch a sporting event without hearing betting terms. Online gambling has become all the rage, but it is not without potential dangers. Especially in a profession like law where attorneys have access to client’s money, problems can turn problematic quickly. Learn more about what is triggered in the brain during gambling, what signs to watch for, and how to know when to suggest help for a colleague or yourself. Understanding this part of addiction is part of nurturing our healthy team. Links from the episode: Caron Treatment Center Judge and Lawyer Assistance Program If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap Revisited yet, get the first chapter right now for free! Thanks to Posh Virtual Receptionists, Postali & LawPay for sponsoring this episode. Learn more about your ad choices. Visit megaphone.fm/adchoices

Lawyers are often confused about the best and safest ways to share files with clients. Are standalone file sharing tools best? Should every lawyer have a client portal? Is email okay? Sharon Nelson and John Simek have an in-depth conversation with Roberta Tepper about everything you need to know about ethical, secure file sharing solutions. Roberta Tepper is the Chief Member Services Officer at the State Bar of Arizona. Learn more about your ad choices. Visit megaphone.fm/adchoices

You know the legal writing classes you took in law school? There’s a lot more to learn, and with a few steps, you can get better – and get better results. Guest Chris Schandevel is the “Brief-Writing Ninja” and passionate writing clear, simple, concise legal briefs that win over courts. Courthouses are busy places. Judges and clerks deal with a lot of distractions and competing demands. Make your briefs stand out boy making them easier to read and follow. Any jargon, excessive footnotes, parentheticals, and asides just add to the chaos and detract from your argument. Good writing, formatting, and attention to detail matter. Schandevel has created an easy-to-use, three-page style guide for legal writing and clear formatting. You don’t need to use fancy words to sell your case. Clear, simple language and a clean story help the court understand your argument and see your point. Take a deep dive into the art and artistry of writing and presenting a legal brief at the highest levels, and get some tips you can start using today. (Plus, do you know the official preferred font of the U.S. Supreme Court?) Got questions or ideas about solo and small practices? Drop us a line at [email protected] Topics: Judges aren’t impressed with fancy words and jargon. A clear, easy-to-read legal brief is easier to follow to the conclusion you want your reader to reach. Learn to remove barriers to the reader such as excessive footnotes, lengthy sentences and changes in “voice.” And do use the Oxford comma! What is the “cleaned up parenthetical?” (And how is it being adopted at the highest levels of the law?) Find out. Mentioned in this Episode: BriefCatch software “Think Commas Don't Matter? Omitting One Cost A Maine Dairy Company $5 Million” “Cleaning Up Quotations” by Jack Metzler in The Journal of Appellate Law Practice and Process “Legal Writing: Font Matters,” Thomson Reuters Legal Office Guru Legal Office Guru’s Deborah Savadra on New Solo, “Word Up 2: Creating Tables of Authority with Ease” Learn more about your ad choices. Visit megaphone.fm/adchoices

And they're running out of a bunch of lawyers. A surprising level of jerk content this week as we discuss the value of real Jamaican jerk seasoning, Clarence Thomas getting his RV financed by a health care executive, Alan Dershowitz complaining about his neighbors, and Judge Aileen Cannon botching straightforward criminal law (more than once). Learn more about your ad choices. Visit megaphone.fm/adchoices

For decades, lawyers who worked in BigLaw could expect some version of the following: Work long hours, including nights and weekends, with minimal free time, giving up almost all semblances of a social life. The reward: money and a potential partnership. And if you didn’t like it, there was the door. And if you were having mental health or wellness issues, then suck it up and deal with it. Learn more about your ad choices. Visit megaphone.fm/adchoices

The scope of your pleadings dictates the scope of your discovery, and it’s important to make sure your pleadings are broad enough to allow discovery into all the product issues you need to explore. This two-part discussion outlines a discovery checklist for product liability cases, including what documents and persons may be pertinent to your case and how to track them down. Learn more about your ad choices. Visit megaphone.fm/adchoices

Liability waivers appear all around us…..on amusement park tickets, at ax throwing establishments, prior to medical procedures and maybe even as a requirement from your son’s friend’s parents before that weekend party at their lake house. Are these documents really enforceable, or are they just toothless deterrents? And should you sign them? Learn more about your ad choices. Visit megaphone.fm/adchoices

Productivity practices are essential—even life-changing—in legal practice. If you’re feeling overwhelmed, that your time is not your own, hopelessly behind on technology, or that you just can’t seem to balance work and life, learning productivity strategies can help. JoAnn Hathaway and Molly Ranns talk with Dan Siegel and Allison Johs about their book, “How to Do More in Less Time: The Complete Guide to Increasing Your Productivity and Improving Your Bottom Line, Second Edition.” Dan and Allison share the most recent updates to their book, including pertinent information addressing post-pandemic, tech-fueled changes facing the legal profession. The ABA has provided a 20% discount code for listeners! Enter HTDMILT23 at checkout for How to Do More in Less Time: The Complete Guide to Increasing Your Productivity and Improving Your Bottom Line, Second Edition Daniel J. Siegel is a nationally recognized authority on ethics, technology, data protection and business workflow management, and the principal of both the Law Offices of Daniel J. Siegel, LLC and Integrated Technology Services, LLC. Allison C. Johs, Esq., is president of Legal Ease Consulting, which provides marketing, social media, business development, productivity, and practice management coaching and consulting for lawyers and law firms. Learn more about your ad choices. Visit megaphone.fm/adchoices

Berkeley Research Group (BRG) is a Premier Sponsor of the ABA Litigation Section. On this Litigation Radio episode, we will hear from Richard Finkelman, Managing Director of BRG, about hiring economists as experts. The selection of the BRG as the subject of this interview should not be construed as an endorsement by the American Bar Association of BRG and its services. ----- 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. Mentioned in this Episode: ChatGPT Google Bard American Bar Association American Bar Association Litigation Section “Artificial Intelligence and Machine Learning Report,” by Richard Finkelman at BRG Learn more about your ad choices. Visit megaphone.fm/adchoices

Professor Stephen Vladeck, author of the New York Times bestselling book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic, discusses how the Supreme Court has dramatically expanded the use of the little-known - and poorly understood - "Shadow Docket" to approve unconstitutional voting processes, abortion bans, restrictive immigration policies, and expanded religious liberties. Vladeck is a CNN Supreme Court analyst and cohosts an award-winning national security law podcast. Learn more about your ad choices. Visit megaphone.fm/adchoices

What about the rights of an injured worker’s spouse and family members after a work-related injury or illness? Guest Michael Duff, law professor, former blue-collar worker, and expert on Workers’ Comp walks us through the California “Kuciemba Case,” a case where an employer may have violated COVID-19 pandemic regulations, infecting several workers. Victim Peter Kuciemba was infected and later his wife contracted the illness and ended up on a ventilator. Is he entitled to Workers’ Compensation? Beyond that, what about his wife? This is a tough issue that comes down to what’s called the “exclusive remedy,” meaning Workers’ Compensation protections are understood to be responsible for workplace injuries, replacing civil tort liability. But if a spouse isn’t part of the employment contract, does “The Grand Bargain” apply? Remember the sickened meat packers during the pandemic. The legal system said family members of workers who infected them, as a result of contracting the illness at work, cannot sue the workplace. Workers’ Comp trumps the civil case, even in case of employer negligence. Now, let’s go deeper. What about a non-family member, such as a romantic interest, or a friend? This episode goes down a rabbit hole. But if you’re an attorney representing workers in workplace injuries, you’ve got to be thinking this way. How far does exclusive remedy go? Mentioned in this Episode: “At Least 59,000 U.S. Meat Workers Caught COVID-19 In 2020, 269 Died,” PBS Newshour Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, Dr. Kai-Markus Müller joins me to discuss and understand the psychology behind pricing models and pricing structure, and how to better frame legal fees. Kai-Markus Mueller is a Professor of Consumer Behaviour at HFU Business School of Furtwangen University in Schwenningen, Germany, and Director of Pricing Research at Neurensics, Amsterdam. He previously founded and ran a start-up where he developed NeuroPricing™, a suite of neurotechnology-based methods to measure and model the optimal price – meanwhile acquired by Neurensics. Before, Kai gained experience both as a neurophysiologist at the US government and as a strategy consultant with an international management consultancy. He holds a PhD in neuroscience. His work has been featured by the BBC, Forbes, Businessweek, ZDF, Der Spiegel and many more. His latest milestone is a book co-authored by top sales expert Gaby Rehbock titled “The Invisible Game – The Secrets and the Science of Winning Minds and Winning Deals”. Kai-Markus gives listeners actionable tips on: [4:00] The main mistakes lawyers make on discovery calls [7:15] Does a ‘payment threshold’ exist? [13:40] How to apply Kai-Markus’ research to attorney pricing strategies [14:50] The price quality heuristic [16:55] How to create perceived value without going too far [21:15] Tips build reassurance and trust [24:45] Changing value by how we frame things and understanding decoy pricing [32:40] Kai-Markus’ book review [36:00] One big takeaway from this episode Resources mentioned in this episode: Noise by Daniel Kahneman Connect with Kai-Markus here: https://twitter.com/neuropricing https://www.facebook.com/kaimarkus.mueller https://www.linkedin.com/in/kaimarkusmueller/ www.kai-markus-mueller.com Connect with me Instagram Pinterest Facebook Twitter Karin on Twitter Karin on LinkedIn Conroy Creative Counsel on Facebook https://conroycreativecounsel.com Learn more about your ad choices. Visit megaphone.fm/adchoices

Mark Geragos made a name for himself successfully representing Susan McDougal, President Bill Clinton’s erstwhile business partner, following her conviction related to the 1990s Whitewater controversy. Since then, he has represented many prominent figures—from politicians to Hollywood elites to pro athletes and more—and has a multitude of fascinating stories to tell. DeMario Thornton talks with Mark about his path through law school, his career choices, and much more. Mark Geragos is Principal with the internationally known trial law firm of Geragos & Geragos where he has represented some of the most prominent figures in the world. Learn more about your ad choices. Visit megaphone.fm/adchoices

A new Kennedy-Mighell Report game has begun. The premise? Dennis has a whole lot of ideas, and Tom just loves pointing out their flaws. The guys introduce a new segment called “Thumbs Up or Thumbs Down?” Dennis, in his ever-springing optimism, shares his latest notions, and Tom uses his practical, skeptical reasoning to determine whether they have merit or need to be thrown out the window. And, there’s no time like summertime to return to Dennis and Tom’s “Hot or Not?” segment. So, should you revise your law firm’s strategic plan in view of new AI developments? The guys talk about whether tech-focused planning should be the hottest thing on your to-do list. As always, stay tuned for the parting shots, that one tip, website, or observation that you can use the second the podcast ends. Have a technology question for Dennis and Tom? Call their Tech Question Hotline at 720-441-6820 for the answers to your most burning tech questions. Show Notes - Kennedy-Mighell Report #345 A Segment: Ideas Ideas Ideas Time for a new MacBook Air? Is Microsoft Copilot worth the price tag? Ask Me Anything Webinars on Zoom New Signal-Tracking for Legal Trends? Privacy Certifications - CIPP, etc. New Law School Tech?—Climate Technology Law Are Substack Newsletters a good way to monetize content? B Segment: Hot or Not: Law Firm Strategic Planning Parting Shots: Wonderboom 3 Bluetooth Speaker PatternBuilder MAX demo from NetDocuments Learn more about your ad choices. Visit megaphone.fm/adchoices

Keeping an appellate perspective in mind as you prepare for a trial can do a lot to keep your case on track and avoid future headaches. Rocky Dhir talks with Elana Einhorn and Melissa Lorber, authors of the article, Help Us Help You: Top 10 Appellate Mistakes in the Trial Courts, which appeared in the July/August Texas Bar Journal. Elana and Melissa give an overview of the article and share their top tips for success in trial court. Elana Einhorn practices appellate law at Enoch Kever. She is an adjunct professor at the University of Texas School of Law and a former Supreme Court of Texas staff attorney. Melissa Lorber is a founding member of Enoch Kever and is certified in civil appellate law by the Texas Board of Legal Specialization. Learn more about your ad choices. Visit megaphone.fm/adchoices

Guest Shannon Lex Bales is the author of “The Trial Presentation Companion” and an experienced educator and consultant who helps attorneys and firms follow standards and models for presenting cases using today’s legal tech. When firms go to trial, a lot of them are just “winging it” with the software and equipment, workflow, and skills they need to present a case. Paralegal professionals will find opportunities through education and certifications to professionally prepare and present data, video, and evidence using today’s technology. We’ve all seen professionally staged “trials” on television shows. So have the jurors. There’s an expectation firms will present a compelling story digitally in the courtroom. What story is your firm telling and how? As Bales says, “Basic legal technology skills are foundational for today’s legal market.” Understanding the use of legal technology in the courtroom is no longer an option. Keep up or fall behind. The skills you learned 10 years ago aren’t today’s skills. Hear how to actively pursue the tech skills you need to add to your resume as a modern paralegal professional. Mentioned in this Episode: "The Trial Presentation Companion," by Shannon Lex Bales Cambodia Tribunal Monitor "White House Executive Office team engages ACEDS to deliver onsite electronic discovery training" Career Essentials in Generative AI by Microsoft and LinkedIn Reveal AI eDiscovery and Investigations Learn more about your ad choices. Visit megaphone.fm/adchoices

Think golf is a boring game for old white dudes? Think again! In this episode, Stephanie talks with LJ Finney about why golf is great for networking and business development and so much more! Golf is about getting outside your comfort zone, mindfulness, self-talk, and being with nature. Use the game to learn more about yourself and how you approach your business problems or use the time to truly get to know a friend or colleague. You’ll also hear Stephanie’s favorite golf story from back when she was a summer associate out on the course with a senior partner, and, boy is it a doozy! Links from the episode: If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap Revisited yet, get the first chapter right now for free! Thanks to Posh Virtual Receptionists, Postali & LawPay for sponsoring this episode. Learn more about your ad choices. Visit megaphone.fm/adchoices

Elena Kagan and Samuel Alito have... very different takes on judicial ethics and what Congress's role is in all of it. Plus, Lindsey Graham has a change of heart about a federal judge because it's politically expeditious. And a deep dive into starting salaries for attorneys. Learn more about your ad choices. Visit megaphone.fm/adchoices

We’re done with opposing counsel’s snarky emails, loud yawners, attorneys who think their years of experience means the law should be bent for them and people who creep out our kids. Laugh along as we vent about everyday annoyances and share the good stuff that makes up for all that crap. Learn more about your ad choices. Visit megaphone.fm/adchoices

Our discussion on building a product liability case continues, with a focus on pre-suit discovery, regulations, industry standards and potential defendants that are often overlooked. Learn more about your ad choices. Visit megaphone.fm/adchoices

The year was 1961. Freshly minted attorney James J. Brosnahan had been on the job as a federal prosecutor in Phoenix for two days when he was handed his first trial: a capital murder case. Twelve days into the job, he’d won his first jury trial, and caught the trial bug. (Though to his relief, the two young defendants escaped the death penalty.) For the next six decades, Brosnahan chased every opportunity to present to a jury, in both civil and criminal court. In his new memoir, Justice at Trial: Courtroom Battles and Groundbreaking Cases, Brosnahan selected 19 of the more than 150 cases he brought before a jury. Each case reflects an issue he sees as being critical to current cultural events, and he feels the losses are as important to share as the victories. He’s fought for press freedom, a woman’s religious right to give sanctuary to undocumented migrants, and for a female corporate chairperson unfairly targeted because of her gender. His international experiences include trying to prevent a client from being framed by dictator Ferdinand Marcos of the Philippines, and fighting for justice for assassinated lawyers in Northern Ireland. In this episode of the Modern Law Library, Brosnahan shares some of these stories with the ABA Journal’s Lee Rawles, elaborating on the most important lessons he’s learned about juries, offering tips for aspiring litigators, and sharing what it was like to be Ruth Bader Ginsburg’s classmate at Harvard Law. Learn more about your ad choices. Visit megaphone.fm/adchoices

Bullshit actually works sometimes, but Gyi and Conrad still don’t like it. And, are so-called Super Lawyers actually extraordinary in any way? ----- Even though the guys hate marketing bullshit, they happily bullshit their way through a chat with returning FOP Paul Faust! Paul gets razzed a bit after a 2019 DotCom Magazine cover story resurfaced and gained him another round of congratulations from his professional peers. But, Paul gets the last laugh, ‘cause all this BS gave him plenty of renewed exposure. Speaking of bullshit, what’s the deal with Super Lawyers and other similar distinctions bestowed upon attorneys? Are they reputable? Are they worth paying for? Do they get eyeballs directly onto your law firm and help you grow your business? Ehhh… it’s neither a yes or a no—Gyi and Conrad discuss. The News: Musk is rebranding Twitter, we guess, but it’s looking more like he’s just trying extra hard to run the whole platform into the ground — Twitter Turning Into X Set to Kill Billions in Brand Value. Things aren’t looking much better for Zuck at the moment — Threads Users Down By Half (still!). And, Conrad interviewed John Henson about The Crackdown Against Lead Generators. Mentioned in this Episode: 10 Best Legal Marketing Podcasts Every Lawyer Should Listen To Paul Faust is the president and co-founder of RingBoost and a nationally recognized expert in the use of local and toll-free phone numbers in marketing. LHLM Episode: The Mad Proliferation of Lawyer Coaching || Lawyer Has Gas… and He’s Giving It to You Law Firm Alchemy Charlie Mann’s Podcast: They Don’t Teach This in Law School The Super Lawyers Selection Process Leave Us an Apple Review Lunch Hour Legal Marketing now on YouTube Lunch Hour Legal Marketing on TikTok Learn more about your ad choices. Visit megaphone.fm/adchoices