ABA Journal: Asked and Answered

After 13 years and 170 episodes, Asked and Answered host Stephanie Francis Ward is hanging up her headphones and switching off her mic. Asked and Answered, the ABA Journal’s first and longest-running podcast, is ending its run—at least for now. In this final episode, Ward discusses her podcast tenure with the Journal’s Lee Rawles. Ward recently accepted a new position within the ABA Journal as an assistant managing editor after a long reporting career covering legal education and general legal affairs. They chat about the podcast’s humble beginnings with an episode about alternative billing released on April 5, 2010, and the changes Ward has observed in the legal community over that time period. A major shift Ward identifies is an increasing willingness to talk about mental health struggles and work-life balance. There has also been a sea change in attitudes towards remote work, accelerated by the Covid-19 pandemic. Ward and Rawles—host of the Modern Law Library, another Journal podcast—discuss the rapid pivot they had to make when the pandemic shut down the ABA offices and podcasts had to be recorded at their homes instead of a media room. They discuss some of their favorite episodes from the past 13 years, and which topics feel dated—like “How Can Attorneys Use Google+ to Generate Business“—versus more timeless issues lawyers face. One evergreen Asked and Answered topic Ward returned to in several episodes was helping lawyers navigate social anxiety in business and rainmaking situations, and Ward shares some of her favorite tips she’s gleaned from guests. Finally, Ward thanks the listeners who’ve accompanied her on this journey and urges them to stay in touch with legal tips and pitches. The Journal’s other two podcasts, the Legal Rebels Podcast and the Modern Law Library, will continue to be released on their normal schedules.

When lawyers hear the term "LLM," their first thought may go to a master of law degree that a person earns after law school. However, the acronym also stands for “large language model,” which is technology that generates and creates writing for offerings that include ChatGPT and Google Bard. The technology doesn’t know what is accurate—that’s where lawyers come in—but the writing is impressive, it could make legal writing better and you could even use it as a writing coach, says Greg Sarab, a technologist and a lawyer.

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.

As stories of some CEOs' outrageous behaviors continue, the amount of activist shareholder activities keeps growing, say Kenneth Mantel and Megan Reda, partners at Olshan Frome Wolosky in New York. They represent investment funds, family offices and people trying to bring change at public companies—and maybe get a seat on the board.

Winning a 2003 landmark U.S. Supreme Court case expanded a gay lawyer's Supreme Court practice, he says, and looking back, it's his favorite case. Because Paul M. Smith was the editor-in-chief of the Yale Law Journal, clerked for then-U.S. Supreme Court Justice Lewis F. Powell Jr. and handled various Supreme Court cases—including for paying clients—many thought that it made sense for the Washington, D.C., lawyer to argue Lawrence v. Texas, which led to a 2003 landmark opinion that struck down state laws criminalizing sexual conduct between consenting adults of the same gender.

With the current exam, candidates have a 90% chance of passing, if they follow the advice of their law schools’ academic support staff. When the National Conference of Bar Examiners launches a revamped version of the bar exam in 2026, called the NextGen bar exam, it is expected that there will be new assessments on skills including legal research, investigation and client counseling. And that could mean less focus on memorization for candidates. Or not, says Mike Sims, president of the test prep group BARBRI.

In the criminal justice world, pig butchering refers to bacon—but not literally. Instead, it’s a term used to describe scamming someone online out of all their money through promises of romance and cryptocurrency windfalls, says Erin West, a prosecutor in the Santa Clara County, California, district attorney’s office.

As rises in Chicago carjackings continue to increase fear among many residents, Cliff Nellis, an attorney and pastor who founded the Lawndale Christian Legal Center, says his nonprofit group represents a fair amount of young people charged with the crime.

Jessica Bednarz has spent much of her career representing people, researching access-to-justice issues and using that knowledge to try to find better ways to deliver legal services. That includes using what’s known as “design thinking” for developing client service programs.

In the 35 years that Jayne Conroy has been a lawyer, she’s spent the entire time in private practice doing civil litigation and has tried more than 70 cases. Conroy’s work includes leading some of the multidistrict litigation involving opiates with jury trials around the country. Through that, she’s seen juries and judges change their minds about addiction and responsibilities. Her next target is social media.

Attorneys often expect incarcerated clients to lie and vice versa, says Derrick Hamilton, who served more than 20 years of a second-degree murder sentence. Those outlooks don’t help build good attorney-client relationships, according to Hamilton, who now works with students at the Yeshiva University Benjamin N. Cardozo School of Law’s Perlmutter Center for Legal Justice.

While 2022 was a phenomenal year for attorneys and “anyone with a pulse” and a law license could find work, 2023 might “go back to normal,” says Valerie A. Fontaine, a founding director of the legal search company SeltzerFontaine.

As we head into the holiday season, consider what you want your celebrations to look like, rather than meeting everyone else’s expectations, says Laurie Besden, a lawyer who has been sober for almost two decades.

The overall employment outcomes for 2007 and 2021 law school graduates were both 91.9%. And while that sounds like a good thing, it could be a warning.

Ellen Freeman immigrated from Odesa, Ukraine, to Pittsburgh almost 30 years ago. And although her family always planned to leave—she grew up learning various languages so that she could communicate wherever they settled—moving to the United States as a young single mother was one of the most difficult things that she has ever done.

Aliza Shatzman didn’t realize that federal judicial employees are not protected by Title VII of the Civil Rights Act. That is until the judge she worked for in 2020 ended her clerkship early—for reasons that she thinks were due to gender discrimination.

If you are studying for the July bar exam, you’re not going to memorize every flashcard for the Multistate Bar Examination, and that’s OK. You can still pass.

A good home-school program provided a nurturing environment that was lacking in elementary education, and the experience helped build confidence for law school, says Haley Taylor Schlitz, a 2022 graduate of Southern Methodist University’s Dedman School of Law.

A recent order from Republican Texas Gov. Greg Abbott directing the state to consider medical treatments for transgender youths as child abuse is hurtful to children and their families, as is a new Alabama law that makes providing gender-affirming care to a minor a felony, says lawyer Asaf Orr. Special thanks to our sponsor, LawPay.

For young litigators who want to be considered “a lawyer’s lawyer,” careers spent mostly working from home may not get you to where you want to be, according to Robert Giuffra and Evan Chesler, two Wall Street partners who have been trying cases for more than 30 years. Special thanks to our sponsor, LawPay.