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Hosted by Dave Scriven-Young, this show features conversations with top litigators, judges, and experts to help litigators develop their careers, win more cases, earn more clients, and build sustainable practices. Stay tuned for the tips segment in every episode with Darryl Wilson! Brought to you by the American Bar Association Litigation Section

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United States

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Hosted by Dave Scriven-Young, this show features conversations with top litigators, judges, and experts to help litigators develop their careers, win more cases, earn more clients, and build sustainable practices. Stay tuned for the tips segment in every episode with Darryl Wilson! Brought to you by the American Bar Association Litigation Section

Language:

English

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7204964449


Episodes
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Banking, Regulations, and Litigation: A Perfect Match

6/18/2024
America’s banks play a critical role in our economy, and the industry is one of the most heavily regulated, with rules that affect nearly every consumer, borrower, and saver. In this episode, enjoy a deep dive into the web of regulations banks navigate daily and the role that litigators play. Guests Aaron Krauss and Brett Watson participated in the development of the ABA’s new book, Banking on It: The Ten Most Common Claims Involving Banks. Banking on It is a practical guide to navigating banking litigation. Aaron and Brett are experienced in litigating fraud, credit issues, and lending cases involving banks and financial institutions. Banking litigation usually involves institutions such as credit unions, commercial and retail banks, and even nationally and state-chartered banks. It’s an area full of opportunities for litigators interested in banking regulatory law and the constantly shifting landscape. For example, when was the last time you wrote a check to pay for something? It’s a jungle out there. Anything can happen in the world of banking regulation and litigation. Scams are common, and banks are frequent targets. Tune in to this episode and learn more! RESOURCES: Cozen O’Connor “Banking on It: The Ten Most Common Claims Involving Banks” “How Banks Should Respond To Calif. AG's Overdraft Warning,” Law360, by Brett Watson Law360 articles by Aaron Krauss American Bar Association American Bar Association Litigation Section

Duration:00:40:26

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Expert Advice: Finding the Expert Witness Who Will Help You Win Your Case

6/4/2024
Round Table Group is a Premier Sponsor of the ABA Litigation Section. On this Litigation Radio episode, we will hear from Dan Rubin, National Business Development Manager of Round Table Group, about using third parties in expert searches. The selection of the Round Table Group as the subject of this interview should not be construed as an endorsement by the American Bar Association of the Round Table Group and its services. ----- Expert witnesses can play a pivotal role in litigation, offering insights and testimony that can make or break a case. But where do you find them, and how do you ensure it’s the right one? Guests Genevieve M. Sauter of Noonan Lance Boyer & Banach LLP, and Dan Rubin, national business development manager for the expert witness search and referral firm Round Table Group, share their insights on locating and presenting the right experts. What are litigators looking for when they select an expert witness? Decades of experience? Advanced degrees? Sure. But also important are intangibles such as geographic location, experience, relatability, manner, and presentation skills. Hear how attorneys search for, test, and select the best experts to match each case. If your case depends on not just expertise, but also how well a jury and judge will understand that expertise, you must dedicate time to the crucial stage of selecting the right expert. Best practices, fees, contracts, discovery, and preparation. It’s all in this episode. Every step will make the difference between winning your case and missing the mark. Resources: Previous episode, “You Need An Expert Witness, But Where Do You Find One?” The Round Table Group Noonan Lance Boyer & Banach ABA Pretrial, Practice & Discovery Committee American Bar Association American Bar Association Litigation Section

Duration:00:38:49

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Lawyers Managing Stress: Living a Healthier, Happier, and Less Stressful Life

5/21/2024
Being a lawyer involves constant pressure and stress. It’s a profession filled with challenges—everything from demanding partners and tight deadlines to adverse rulings and deadbeat clients. It’s enough to wear down anyone. Guest Erin Clifford is a partner and director of marketing and business development at Clifford Law Offices in Chicago. And she’s also a trained and nationally certified counselor and wellness coach, helping professionals create and maintain healthy lifestyles. As a lawyer, she knows all about stress. As a counselor, she knows the importance of mental and physical well-being. Feeling stressed and overwhelmed can lead to health problems and even substance abuse. It’s easy to fall down a rabbit hole at the cost of simply living a happy, healthy life. Hear Clifford’s tips for improving your outlook, enjoying happy moments, and creating time for yourself and the things that make you happy. Though we sometimes lose sight of it, we are all much more than our law practice. Do you know the signs of chronic stress and stress-related illnesses? Learn how to build resilience, set aside stress, and live a healthier life. Be kind to yourself. Resources: “Setting Boundaries Can Lead to a Happier, Healthier, and Wealthier Life,” by Erin Clifford, American Bar Association American Bar Association American Bar Association Litigation Section

Duration:00:41:21

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The Jigsaw Puzzle Of Old And New Laws Governing Today’s AI

5/7/2024
Generative AI is everywhere, including inside many law practices, creating documents, analyzing data, researching, and creating content. But what happens when AI makes a mistake? Who’s liable? The implications could be enormous, are we may see a new wave of liability litigation. It’s a brave, new world without a lot of legal guardrails. There are existing, vague, nonspecific “tech” and business practice laws, then there emerging – AI specific – laws that aren’t backed by a lot of precedent from the courts. Privacy laws, data usage, intellectual property laws, even state and federal rulings, have created a jigsaw puzzle for lawyers to apply in the AI space. Guest Graham H. Ryan is an experienced litigator and an author and frequently quoted commentator on tech issues and the emergence of generative AI and its consequences. Ryan says it might help to look back to the “wild west” of the Internet’s earliest days and the infamous “Section 230” that has helped decide who’s liable for what when it comes to digital content. How far does Section 230 go when AI starts creating content instead of simply searching for it? And when does Congress get involved? Proceed with caution. Resources: International Association of Privacy Professionals, IAPP IAPP “AI Governance Global 2024” conference “The AI Industry Is Steaming Toward A Legal Iceberg,” Wall Street Journal quoting Graham Ryan Harvard Journal of Law and Technology “Department Of Justice’s Review Of Section 230 Of The Communications Decency Act Of 1996,” U.S. Dept. of Justice Moody v. NetChoice, LLC, via SCOTUSblog “Sanctions for Fake Generative AI Cites Harm Clients,” Bloomberg Law Analysis “The EU Artificial Intelligence Act” “Schumer Launches New Phase In Push For AI Bill,” Politico American Bar Association American Bar Association Litigation Section

Duration:00:47:38

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Jurors: Every Breath You Take, Every Move You Make, They’ll Be Watching You

4/23/2024
Litigators are used to being in front of a jury. But have you ever wondered what it’s like to be a member of that jury? What are jurors watching? What do they notice? Guest Chauntis Jenkins-Floyd, an experienced litigator, recently served on a jury. And what she learned as a juror is eye opening. Like most of us, Jenkins-Floyd has been summoned for jury duty and dismissed each time. But this time was different. In this episode, she describes her experiences in the selection process, intake, and deliberation. Jenkins-Floyd took it all in. She learned about the jobs and childcare pressures jurors have. She saw what happens in the jury room. “All of my senses were tingling. As a trial lawyer, I never get to see this part,” she explains. What she learned will change how you present your next case. Hear how important your moves are to a jury, starting the moment you enter the courtroom. Eye contact, body language, and even where people sit. Everything matters. How prepared and confident do you look? How friendly and comfortable are you with your client? Jenkins-Floyd explains what jurors are watching. How you ask questions, starting with voir dire, sets up jurors and helps them subconsciously put themselves in your client’s shoes, even without saying it. Jurors watch and see everything you do. Get an inside peek. Resources: American Bar Association American Bar Association Litigation Section

Duration:00:43:13

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Her Story: Obstacles Faced By Women in the Legal Profession

4/11/2024
Meet Teresa Beck and Claire Gibson, two successful and experienced litigators who are deeply involved in the ABA Litigation Section’s Woman Advocate Committee and its two books featuring essays from women in the legal profession: “Her Story: Lessons in Success from Lawyers Who Live It” (2017) and the recent follow-up “Her Story: The Resilient Woman Lawyer’s Guide to Conquering Obstacles” (2024). The new book addresses the challenges women face in the legal profession and the things organizations and firms do, often unintentionally, that make it harder for women in law, all told through personal stories of struggles and successes. Beck and Gibson, both committed to diversity, equity, inclusion, and belonging, discuss these collections of stories that tap into the experiences of litigators in a range of practice groups, from corporate to government positions. These are situations that arise everywhere, from the courtroom to the boardroom to the lunchroom. Why do women in law still face so many challenges and obstacles? It’s nice to imagine gender disparity is a relic of the past, but the statistics tell a different story. There is work for all of us to do, not only toward gender equality but also in racial and ethnic disparities in the legal profession. The stories in these books examine situations that exist, even in organizations that believe they have erased barriers. Fixing the problems starts with acknowledging that they persist. Everyone can learn from this discussion. Resources: Women Advocate Committee American Bar Association “Her Story: Lessons In Success For Lawyers Who Live It” “Her Story: The Resilient Woman Lawyer's Guide To Conquering Obstacles, Book 2” K. Brooke Welch Jessica Blaemire Michal Rogson Steven Velkei Dunlap, Bennett & Ludwig Klinedinst Attorneys American Bar Association American Bar Association Litigation Section

Duration:00:45:58

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Step by Step: How a Prominent Litigator Built Her High-Profile Career

3/21/2024
We return to our series profiling leading litigators and business builders with guest Paula Hinton, a litigation partner and executive committee member with international firm Winston & Strawn. She’s held numerous leadership positions, is recognized across the profession, and handles a variety of complex cases. And she did it her way. “It starts with taking people out to breakfast!” Growing up the daughter of a respected small-town attorney in Alabama, Hinton jokes that she was “Scout” to a real-life Atticus Finch of the novel To Kill a Mockingbird. Hinton learned at a young age the trust clients place in their attorneys and the duty attorneys have to serve clients and the community, in and out of the courthouse. Hinton’s path took her from a small town to big city firms with international clients. Entering an area of the law that at the time featured few women, Hinton made her own way, walking into senior attorneys’ offices and volunteering for the toughest cases. In an era before the phrase “work/life balance,” she learned to manage the demands of high stakes law in balance with her personal life. Throughout, Hinton strove to raise her profile, develop a strong reputation, and build and sustain business relationships through involvement in nonprofit and association work and by making herself available to senior firm members for complex cases. “Don’t wait for them to find you, you go find them,” she says. Hear first-hand Hinton’s tips for building a high-profile career in litigation, leveraging both corporate and American Bar Association relationships, and building on each previous step. Resources: American Bar Association American Bar Association Litigation Section

Duration:00:36:22

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You Need An Expert Witness, But Where Do You Find One?

3/5/2024
Round Table Group is a Premier Sponsor of the ABA Litigation Section. On this Litigation Radio episode, we will hear from Russ Rosenzweig, CEO of Round Table Group, about using third parties in expert searches. The selection of the Round Table Group as the subject of this interview should not be construed as an endorsement by the American Bar Association of the Round Table Group and its services. ______________________________________________________ When representing clients with complex issues, there are times when you need an expert witness. A real expert. Someone who will help you dissect, understand, and present key elements to jurors or judges in a way they can understand. Enter Round Table Group, “the experts on experts.” Guest Russ Rosenzweig is CEO and co-founder of a firm that specializes in identifying, enlisting, and providing expert witnesses and consultants across virtually every possible topic with tens of thousands of affiliated leaders in their field. Hear how litigators find and hire an expert, no matter the niche. Remember that scene in “My Cousin Vinny” when Joe Pesci puts his girlfriend, Marisa Tomei, on the stand as a brilliant expert. It doesn’t happen like that. And they don’t teach this in law school. Learn about the search process, search and hire billing rates, and expert fee negotiations. Many lawyers don’t know where to start. They may be missing the best of the best, or they can waste time trying to find the right expert. Many Round Table Group staffers themselves are lawyers, engineers, and experts. They know how to read a patent or dissect evidence to find the exact right expert to help attorneys prove their point and win their case. Learn how a team of professionals can help you identify your needs, craft the right angle, and dial in to the expert who can push your case across the line. Resources: Aminer.org Experts.com Google Scholar PubMed New York Times, “More And More, Expert Witnesses Make The Difference” Daubert Standard, Cornell University American Bar Association American Bar Association Litigation Section

Duration:00:43:11

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How Today’s (And Tomorrow’s) Legal Tech Can Up Your Game

2/20/2024
Guest Kathryn “Katie” DeBord leads product development strategy at the global firm DISCO in technological, cloud-based solutions for lawyers and law firms. Tech, from the earliest stages of every case, is no longer an option. Everything from eDiscovery – sifting through oceans of data – to analyzing witness statements to adjusting trial strategy on the fly involves today’s ever-evolving technologies. Are you keeping up? It’s hard to know with so many services bursting onto the scene. Hear how DeBord scans the landscape to track what’s new, what works, and what’s still in the pipeline. You’ve come a long way from the LexisNexis and Westlaw you met in law school. Entire suites of tech platforms, all the way up to generative AI, are on the market and getting better. If your opponent is using the latest, and you’re not … well, that’s not good. Autogenerate timelines, upload and organize evidence, and sift through data as today’s tools accelerate your case and reveal hidden connections. Tech won’t replace your creativity and skill as an attorney, but it can help you work smarter, more efficiently, and achieve better results. (Plus, did you know the CIA has a secret museum of gadgets created by the agency’s Directorate of Science and Technology? And no, you can’t visit it without secret clearance). Resources: Kathyrn “Katie” DeBord’s previous appearances on the Legal Talk Network include: “Legal Innovation: Imagining Creative Solutions for Clients” “Evolve Law: The Future and Direction of Legal Technology” “Evolve Law: Client Driven Technology Solutions” LexisNexis Westlaw American Bar Association American Bar Association Litigation Section

Duration:00:37:24

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New Lawyer? Tips for Fitting in, Standing Out, and Learning on the Job

1/16/2024
Newly admitted lawyers can feel overwhelmed and intimidated. Law schools can’t teach everything, and there’s a lot of on-the-job learning. Some of the work is difficult and complicated. Some of what’s required is as simple as showing up on time and doing work that looks perfect and is free of typos (yes, that matters, even for internal communications). With each task, the best new lawyers progress from competence to excellence. Start with the goal of being a “superstar associate” by being the best lawyer you can be. When new lawyers take on tasks and do good work, others will notice and will mentor you. What any new lawyer makes of their earliest experience in any firm will drive them to the next level, no matter their career path. This episode shares tips for standing out and learning how to be a lawyer from two attorneys who have excelled in their careers and have made partner at their respective firms. Plus, a Quick Tip from the ABA Litigation Section’s Mental Health and Wellness Task Force. Hear how attorneys are vulnerable to eating disorders and substance abuse. Learn to recognize the signs. Mentioned in this Episode: “The Addicted Lawyer: Tales of Bars, Booze, Blow, and Redemption,” by Brian Cuban Brian Cuban, blog National Eating Disorder Association American Bar Association American Bar Association Litigation Section

Duration:00:49:19

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Finding New Clients

1/4/2024
When it comes to your business development goals, guest (and rainmaker) Merrick “Rick” Gross explains the two biggest pools for new clients: internal and external. Internal client development is often overlooked, but it’s as important as finding external clients. Build your book of business through other attorneys at your own firm, especially if you work at a large firm with multiple offices across the country. The principles of internal client development are surprisingly simple. Talk to your colleagues. Be a nice person. Take time to visit your coworkers and listen to them. You can use “cross-marketing” and internal team building to find new clients. Then there are external clients—new business outside your firm. Not surprisingly, the principles are the same. Get out there. Develop personal relationships. Write for publications. Seek out speaking engagements at industry and trade conferences. Join organizations and even have a little fun getting to know people. Nothing replaces being a great lawyer. But these valuable tips provide new tools for building your career and your business. Resources: American Bar Association American Bar Association Litigation Section Carlton Fields law firm

Duration:00:39:05

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Well-Being in the Legal Profession: You Are Not Alone

12/19/2023
Litigators face a variety of intense stressors including tight deadlines, conflicts with opposing counsel, traumatic issues facing clients, and the competitive nature of litigation. It’s a daily battle. What can lawyers do to maintain their mental and physical well-being, and how can courts engage, recognize, and help address these problems? Host Dave Scriven-Young welcomes three professionals who are actively seeking better methods for lawyers to care for themselves and for the legal system and firms to deliver assistance. Guests Shawn Healy, Ph.D., and attorneys Mala Rafik and Gavin Alexander are deeply involved in lawyer well-being programs. Their work has confirmed that there is a greater need for mental health support and care for lawyers, and also that many in the profession are either unaware of available services or are unwilling to seek help for fear of stigma. The Massachusetts Supreme Judicial Court has been a leading voice in the struggle to support those in the legal profession who are struggling with mental illness, anxiety, substance abuse, and suicidal thoughts. More support is needed. Litigation is a difficult profession. Are you yourself—or is someone you know—struggling? You are not alone. It is OK to ask for help. Learn about available resources and services. And share this episode of Litigation Radio. Mentioned in this Episode: “The Full Weight of the Law: How Legal Professionals Can Recognize and Rebound from Depression,” by Shawn Healy and Jeffrey Fortgang Massachusetts Supreme Judicial Court Standing Committee on Lawyer Well-Being Lawyer Well-Being Massachusetts Lawyers Concerned for Lawyers American Bar Association, “Well-Being in the Legal Profession” “Mental Health Initiatives Aren’t Curbing Lawyer Stress And Anxiety, New Study Shows,” ABA Journal “Making It Back: Bruce Simpson Tried To Take His Own Life, Then He Started Healing,” ABA Journal (ABA membership required) 988 Suicide And Crisis Hotline, Free Confidential Support For People In Crisis American Bar Association American Bar Association Litigation Section

Duration:01:00:54

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The George Floyd Murder and Next Steps in the Fight Against Police Violence

12/7/2023
George Floyd was murdered on May 25, 2020, during a brutal arrest by Minneapolis police in public view. His death sparked protests across the country—a call for an end to police brutality. Officer Derek Chauvin was convicted of second-degree murder and pleaded guilty to federal charges, and the three other officers were convicted of state and federal charges. The city of Minneapolis paid George Floyd’s family $27 million. Minnesota Attorney General Keith Ellison joins this episode to discuss his oversight of the prosecution and conviction of Derek Chauvin, as well as his book, Break The Wheel: Ending the Cycle of Police Violence, a reflection on that trial and lessons learned. Attorney General Ellison explores the findings of his book and his experience representing victims of police violence. He walks us through Chauvin’s prosecution, the trial strategy, jury selection, and how the infamous video shot by a 17-year-old bystander was used in the trial. Can we change policing and rebuild trust between police and communities? What steps can be taken in the fight against police violence? Attorney General Ellison also shares his career path from law school to U.S. Congress, and then becoming the first African American and Muslim America elected to Minnesota statewide office. It’s an inspiring story and proof that following your passion can make a difference. Plus, in our Quick Tip segment: Incorporating storytelling into your legal writing. Resources: George Floyd Justice and Policing Act “Break The Wheel,” by Attorney General Keith Ellison 2024 Environmental & Energy, Mass Torts, and Products Liability Litigation Committees' Joint Regional CLE Program American Bar Association American Bar Association Litigation Section

Duration:00:34:16

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Student Loans and the End of Forbearance

11/21/2023
Americans owe a combined $1.7 trillion in student loans, and the past few years have been a roller coaster ride. Now that the pandemic forbearance is over, what’s next? You may have your own debts, or you may be helping clients deal with these new pressures. What happens if you or your client can’t make a payment or can’t reallocate finances? Now that the pause is over and the bill collector is coming, what options are available to you and your clients? This episode features attorney Latife Neu, who operates her own law firm specializing in student loans and bankruptcy. Student loan repayment is anything but simple, and the pieces are in constant flux. Loan policy has bounced between the Supreme Court and the White House, and the policies are anything but clear. Talk about student loans, parent plus loans, bankruptcy, the pause-restart-pause rules, and it gets complicated in a hurry. There’s nothing simple about this stew of public and private loan borrowing, forgiveness, and repayment. But we can help you understand the questions to ask and the paths to explore. Join the Litigation Section’s virtual book club on December 12 at 1 PM ET to discuss books and other content focused on personal growth and mental health and wellness! Visit https://www.jotform.com/233055582985163 for more information and to register. RESOURCES: Public Service Loan Forgiveness (PSLF) IDR (Income Driven Repayment) Account Adjustment More IDR Account Adjustment information Garnishments and Offset Orders for Student Loans Student Loan Bankruptcy Discharges and Limits (Oh, It’s Complicated) Federal Rules On Discharging Student Loan (Justice Department) IRS Student Loan Forgiveness Rules, IRS.gov American Bar Association Bar Association Litigation Section

Duration:00:42:56

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International Arbitration: When Your Case Needs a Passport

11/7/2023
Let’s talk about international arbitration, an indispensable tool for resolving cross-border conflicts. But first, forget everything you think you know about civil procedure, because home court rules might not apply. In this episode, Dave welcomes guest Aurore Nicaud, an associate with Greenberg Traurig and an international arbitration attorney. Listen in as they discuss how this fascinating field differs from standard U.S. civil practice. Discovery is more limited. There are no depositions. Direct examinations are virtually nonexistent. And when the case is over? Winning is one thing, but enforcement across borders is another, and it depends on which countries are signatories to the New York Convention. When you mix competing legal systems, contracts, and languages, things can get complicated in a hurry. Up for the challenge? Mentioned in this Episode: American Bar Association American Bar Association Litigation Section

Duration:00:34:29

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(New) Order In The Court? A Focus On Judicial Ethics And Bias

10/18/2023
Let’s talk about the elephant in the courts: judicial ethics. Recent events in the U.S. Supreme Court have refocused the legal profession’s understanding of ethical, unbiased, and fair behavior in our nation’s courts. Guests in this episode include Charles Geyh, a law professor who studies and writes about judicial ethics, and the honorable Pamela Gates, an Arizona judge actively involved in reviewing ethics policies and the public perception of judicial behavior. Bias is all around us. We’re human. So are judges. External influences can interact with our own, internal biases, potentially creating conflict. When should judges disqualify themselves for a case where there may be a conflict or the appearance of a conflict? Campaign donations and lobbying in an increasingly politicized judicial environment are creating new questions. Hear potential solutions being developed today to ensure there truly is justice for all. Honesty, both with ourselves and with others, clear communication, and an intentional review of the issues and cases before us can help ensure public confidence in our judicial system. Protecting the integrity of the judicial branch isn’t easy, but it’s critical to the sustainability of the American court system. Plus, a quick tip from attorney Marty Truss at the firm Steptoe & Johnson. Truss penned the article “Eating The Elephant: Tips For Navigating Project Induced Anxiety And Intimidation.” Mentioned in this Episode: “Eating The Elephant: Tips For Navigating Project Induced Anxiety And Intimidation,” By Marty Truss “Alito Caught In Crosshairs Of Latest Supreme Court Scandal” “Impartial Enough For Government Work” American Bar Association American Bar Association Litigation Section

Duration:00:48:18

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Environmental Justice: Fighting for Fairness and a Safe Environment

10/3/2023
The locations of airports, polluting factories and incinerators, and other environmental hazards in disadvantaged or predominantly minority communities isn’t an accident, and it’s not fair. In a changing world and climate, ensuring transparency, fairness, clean water and air, and a safe environment for all is more important than ever. In this episode, guest Abre’ Conner, Director of the NAACP’s Center for Environmental and Climate Justice, discusses the fight for fairness and the right for all to live in a safe and clean environment. No matter where you are on your career path, learn how you can get involved in the emerging field of environmental justice, which ranges from constitutional and civil rights to voting laws, transparent governance, and environmental regulation and protections. The sector is so broad that there is no one “right path,” only the will to do good and protect the planet and the people who live on it. Mentioned in this Episode: United Church of Christ (UCC), “Toxic Waste and Race at Twenty” U.S. Environmental Protection Agency Clean Water Act NAACP report, “Jackson Water Crisis” Sackett v. EPA, Supreme Court of the United States U.S. Department of Health and Human Services, “Title VI of the Civil Rights Act” Abre’ Conner testimony before the Congressional Committee on Homeland Security, Sept. 21, 2022, transcript The White House, Council on Environmental Quality American Bar Association Environmental, Social Justice, and Sustainability Committee American Bar Association American Bar Association Litigation Section

Duration:00:47:54

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Pro Bono Burnout: What Can We Do? A Panel Discussion

9/19/2023
Burnout: It’s real and it can affect all of us. In this episode, Dave invites a panel of experts to tackle this important and potentially damaging syndrome as it affects attorneys who volunteer their time in a pro bono setting. The demands never seem to end, but volunteering is meant to “fill your cup,” not overflow it. A Bloomberg survey found burnout is a major problem, and it’s getting worse among attorneys. For the first time the survey found reports of attorney burnout exceeded 50%. Reports of wellbeing and job satisfaction are in decline too. But it’s not just in corporate practice, burnout affects those who want to volunteer. With so much need it’s easy to forget you’re only one person, and you can’t do it all. How can we get involved in pro bono work without burning out? It can start with being aware of the syndrome, adjusting our workflow to the right level, adopting “virtual” programs to balance time, sharing the load, and focusing on areas of passion. Learn to recognize the signs of burnout in the pro bono space and how you can help yourself, and others, deal with stress and feeling overwhelmed. And for all who volunteer their services to help others: Thank you. Mentioned in this Episode: Bloomberg Law, “How to Rethink and Encourage Attorney Well-Being in Firms” World Health Organization, “Burn-out an occupational phenomenon: International Classification of Diseases” American Bar Association American Bar Association Litigation Section Anne Geraghty Helms previous appearance on Litigation Radio, “The Need For Pro Bono” Children’s Law Center Of Massachusetts American Bar Association Children’s Rights Litigation Committee

Duration:00:38:05

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What’s Up With SCOTUS? The Shadow Docket, Accountability, And Justice

9/5/2023
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.

Duration:00:39:42

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AI, The Law, And Your Firm: What You Need To Know Today

8/15/2023
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

Duration:00:38:36