Litigation Radio

AI might be what everyone’s talking about, but does anyone know what they’re talking about? Guest Chris Schwegmann is a trial lawyer and managing partner at the Dallas firm of Lynn Pinker Hurst & Schwegmann. He’s also a pioneer and an expert in incorporating AI capabilities into law firm operations. AI doesn’t come with instruction manuals. So Schwegmann dove in asking, “What sorcery is this?” Natural curiosity and understanding how to parse the language correctly led to “magic,” he says. Lawyers, with their understanding of language, have the capacity to master AI, which depends on accurate, focused, prompts. From using AI to spot logic gaps in opposing counsel’s brief to crafting arguments that resonate with a specific judge’s style, based on courtroom transcripts, Schwegmann has learned to incorporate the tool into his daily practice. There is a tremendous amount of information out there, and AI can harness and organize that information in ways lawyers never could before. Just as Google, LexisNexis, and Westlaw transformed legal research decades ago, Schwegmann argues AI tools will once again revolutionize the profession. Get on board or be left behind. Not sure how? Schwegmann shares his insights and his unique understanding of this massive new set of tools. You don’t want to miss this. Plus, a quick tip from Lauren Williams, focusing on being the person others rely on. Have a question, comment, or suggestion for an upcoming episode? Get in touch at [email protected] or [email protected].   Resources Mentioned:  “The Unguarded Mind: AI Chat Logs and a New Frontier for Discovery,” by Chris Schwegmann ABA Litigation Journal “Co-Intelligence: Living and Working with AI,” by Ethan Mollick ChatGPT LexisNexis Westlaw “Law School AI Bans Teach Exactly the Wrong Lesson,” Donald Tobin and Samuel Irwin,” Jurist.org American Bar Association American Bar Association Litigation Section

Round Table Group is a Premier Sponsor of the ABA Litigation Section. 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. ----- Finding the right expert witness for your case can be a challenge. You want a witness who knows the topic, helps you ask the right questions, can handle a grilling from opposing counsel, and resonates with the judge and the jury. Guest Brice David is the senior manager of IP expert witness services at The Round Table Group, a pioneering firm in the field of expert witness referral services. Successful lawyers know the law, but that doesn’t mean they understand highly complicated fields involving technology, patents, applications, even finance. That’s what experts are for. When it comes to selecting a witness, there’s a lot in play, from technical expertise to presentation style to availability to even something as simple as a regional accent or the wrong suit. Hear some real-world stories about what can go wrong (or right) when choosing an expert.  Plus, a quick tip from Lauren Williams on learning to slow down and enjoy the summer. Have a question, comment, or suggestion for an upcoming episode? Get in touch at [email protected] or [email protected]. Resources Mentioned:  Round Table Group American Bar Association American Bar Association Litigation Section

Shakespeare and law school might not be as far apart as you thought. Guest Len Niehoff is a professor of law at the University of Michigan Law School and the author of the recent book Meeting Shakespeare at the Bar: Reading the Bard Through the Lens of the Law, a book written for both lawyers and non-lawyers offering practical insights into how Shakespeare’s works illuminate the questions of law, ethics, and advocacy. As an innovative professor and a lifelong fan of the Bard, Niehoff began studying, and encouraging students to study, Shakespeare’s interest in the rule of law, what puts the rule of law at risk, personal responsibility, and how law can be twisted into the unlawful. “It was kind of a natural transition to turn to Shakespeare,” he says. Indeed, Measure for Measure and The Merchant of Venice have trials at their heart. But Niehoff and his students look at how the law works it into other plays, such as Julius Caesar, MacBeth and Hamlet. Now imagine a group of lawyers meeting up with Shakespeare one evening at a local bar, sharing war stories, funny moments, and issues of ethics, and morality and the law. That’s the book. Niehoff’s fascinating examination of Shakespeare’s work and the law may have you thinking about the human condition differently. Have a question, comment, or suggestion for an upcoming episode? Get in touch at [email protected] or [email protected]. Resources Mentioned:  “Meeting Shakespeare at the Bar: Reading the Bard Through the Lens of the Law,” by Leonard M Niehoff “Tanner v. United States”, Justia  “Cattle: Related Cases,” AnimalLaw.info Twombly and Iqbal, “Twiqbal,” Wikipedia “The Crucible,” by Arthur Miller “Shakespeare Unlimited Podcast,” Folger Shakespeare Library “Macbeth,” Shakespeare, full play “Titus Andronicus,” Shakespeare, full play “Henry VI, Part 2,” Shakespeare, full play “Othello,” Shakespeare, full play “Hamlet,” Kenneth Branagh, full movie, free, YouTube American Bar Association American Bar Association Litigation Section

What’s new in the ever-evolving world of electronic discovery as we’ve moved from paper to predictive coding to the cloud. With more than 30 years of experience in the field, guest Emerson Bretous of Sovereign Discovery is one of the country’s leading experts in e-discovery and has followed all the developments as discovery moved from paper to digital. Are you old enough to remember time spent in windowless rooms digging through boxes of paper discovery documents? Bretous has seen it all. The modern avalanche of digital discovery started with the rise of emails around the turn of the century. Suddenly, there was no paper trail; the trail was stored on hard drives and in data centers. Now there are AI platforms designed to sift through gigabytes of data in hours, a process that might have taken a human days or weeks to review. Hear about the evolution of predictive coding, training AI “helpers” to find the pieces that could prove vital to your case. Today’s AI tools help attorneys save time poring over data dumps so they can focus on other tasks that call for their expertise. Organizations need to understand what kind of, and how much, data they are creating – all those group chats and Fireflies.ai meeting transcripts – and that all of it can be efficiently searched by opposing counsel during discovery. Plus, a quick tip from Lauren Williams on networking at the ABA’s upcoming annual convention. Have a question, comment, or suggestion for an upcoming episode? Get in touch at [email protected] or [email protected]. Resources Mentioned: American Bar Association Annual Convention American Bar Association American Bar Association Litigation Section

Jump into a grab bag of legal issues, a “law salad” of ideas that have lately been on the minds of hosts Jim Reeder and Mic Rogson. Law may teach you to think like a lawyer, but does it also teach the practice of law? Hear what Mic and Jim walked away with on graduation day and how it applied to their careers and decades of experience. Practicing law after law school sometimes produces surprises, like learning to mix linear thinking with creativity. You can prepare all you want, but sometimes you need to be “as flexible as Gumby,” Mic says. In the real world,  Jim says, practicing lawyers learn to be comfortable. Comfortable with creativity, comfortable with reacting to surprises, and comfortable admitting to the judge, and themselves, that they don’t know everything and may need time to review unfamiliar case law when it crops up in the courtroom. Intimidation and anxiety are the enemy, and young lawyers must learn to relax and react. Then, forget “real life” as Mic and Jim share their favorite courtroom dramas and comedies. What’s your guilty pleasure, and which productions capture how you feel about the law? Everything from the gravity of “Judgment at Nuremberg” to the lighthearted “Legally Blonde” to the surprisingly accurate portrayal in “My Cousin Vinny.” What’s your favorite? Have a question, comment, or suggestion for an upcoming episode? Get in touch at [email protected] or [email protected]. Resources Mentioned: “Top 10 Movies Every Law Student Must See - Best Legal Drama Movies,” YouTube “Top 10 Most Accurate Law Movies,” YouTube American Bar Association American Bar Association Litigation Section

The challenging field of family law is a vital part of the litigation profession, demanding an understanding of both the law and the psychological trauma that can dramatically affect the well-being of children and others caught in the middle. Guest Ashish Joshi is a Michigan attorney and author who has devoted his career to helping those struggling through the most difficult situations imaginable. Family violence, coercion, and control are, unfortunately, a huge and often under recognized part of our legal reality. The field of family law can include issues including parental alienation, child abduction, the weaponization of children and their relationships with sparring parents, gaslighting and manipulation, and even complicated adjacent areas of law such as hidden assets, stalking, and pet abuse. Family law litigation requires a complex skill set and mental toughness, but it’s a vital part of our lives. Joshi shares how practicing in the field involves working with people going through the worst period of their lives, the protection of innocent and powerless victims, and the field of psychology and human behavior. Looking for a challenge and the opportunity to make a difference in someone’s life? Family law litigation is a demanding and rewarding field. Also in this episode, quick tips from Erin Clifford, managing director at Clifford Law Offices, about avoiding legal burnout. Have a question, comment, or suggestion for an upcoming episode? Get in touch at [email protected] or [email protected]. Resources Mentioned:  “Litigating Family Violence: A Practitioner's Handbook” by Ashish Joshi “Cross Examining Experts in the Behavioral Sciences,” by Demosthenes Lorandos “Justin Fairfax Killed His Estranged Wife and Himself 2 Weeks Before a Court Deadline to Move Out,” Associated Press  American Bar Association American Bar Association Litigation Section

Relativity is a Sponsor of Litigation Radio. On this episode, we will hear from Cristin Traylor, Senior Director of AI transformation & law firm strategy at Relativity. The selection of Relativity as the subject of this interview should not be construed as an endorsement by the American Bar Association of Relativity and its services. Generative AI technology is transforming the world of legal e-discovery from start to finish, and it’s advancing by the day. Guest Cristin Traylor is an attorney and the senior director of AI transformation & law firm strategy at Relativity, a leading legal data intelligence company.  Where is AI taking the legal world, and how is it changing the way legal teams sift, manage, and use the electronic data delivered during discovery? Forget boxes of legal paperwork and records. Today, AI can organize and analyze terabytes of digital information. But understanding the technology and its pitfalls—and knowing how to train an AI model—is vital to getting results that matter to uncover the story told by the data. The use of AI in the electronic discovery process and the ability to dig into digital data dumps is not something any firm can afford to put off. This is today’s legal environment and the future of discovery. What are you missing? What might opposing counsel understand that you don’t? If you don’t employ an AI tool, should you? If you have access to AI tools, do you know how to manage them, “train” them, and write effective prompts? You most likely didn’t learn this in law school. You probably don't know what you don't know. Traylor offers a fascinating glimpse into the present and future of legal generative AI technology. You probably don’t know what you don’t know. Also in this episode, quick tips from Lauren Williams as she discusses building a career while also taking care of your own wellbeing. Have a question, comment, or suggestion for an upcoming episode? Get in touch at [email protected] or [email protected].  Resources Mentioned:  Relativity aiR case strategy technology “More Da Silva: 3 Takeaways from Judge Peck's 'Rio Tinto' Opinion,” by Constantine Pappas “EEOC v. Tesla, Inc.: Is GenAI Moving into Mainstream Legal Disclosure?” “Sedona Principle 6 and the Duty to Evaluate” American Bar Association American Bar Association Litigation Section

In a timely episode, host Jim Reeder is joined by attorney, experienced poll worker, and current president of the ABA Michelle Behnke to discuss the American election system and the role of lawyers in that system. It might seem we’re a long way from the notorious practice of voting from the cemetery, but are we? (Spoiler: we are).  It seems like many Americans are becoming more skeptical about our current election system. And, as Behnke says, whenever there are humans in a process, there’s always a chance for error. But today’s technology and redundancies have made voting more secure than ever, even if allegations of cheating creep into the news cycle. Not only is she a business attorney, but Behnke has served as a poll worker and watched the system work as designed.  Hear about Behnke’s personal experience and how it built her confidence in the registration and voting process.  So where do lawyers fit in? And how can you get involved and inspire confidence? Get out there as a poll watcher or even an election official. The system needs you. As Behnke bites, “As lawyers, we are made for serving in that role.”  Also in this episode, quick tips from Lauren Williams as she discusses centering yourself. Have a question, comment, or suggestion for an upcoming episode? Get in touch at [email protected] or [email protected].  Resources Mentioned:  “Become a Poll Worker,” United States Election Assistance Commission American Bar Association American Bar Association Litigation Section

In this episode, learn about the intersection of animal protection and cruelty, domestic violence, and family law with two leaders in the field. Guests Maricarmen Garza is chief counsel for the American Bar Association Commission on Domestic & Sexual Violence and Megan Senatori is the executive director of the Center for Animal Law Studies at the Lewis & Clark Law School. The field of animal law is emerging as states, courts, and lawyers recognize how animal law and animal abuse plays into domestic violence and family law. Progress is being made, but this critical field isn’t fully recognized or understood. In many cases, victims of domestic violence are forced into difficult situations, caught between their own safety and the safety of beloved animal family members. The American Bar Association recently recognized the issue through both its Animal Law Committee and the Commission on Domestic & Sexual Violence. ABA’s recently approved Resolution 504 calls for laws and judicial processes that protect domestic violence survivors and their pets through civil protection orders, domestic relations proceedings, and expanded access to safe housing. Litigators play a vital role in developing this area of law. Hear what you can do and where you can find legal guidance when protecting victims of domestic violence and their pets, from dogs and cats to horses and others. Have a question, comment, or suggestion for an upcoming episode? Get in touch at [email protected] or [email protected]. Resources Mentioned:Five Ways Attorneys Can Support Domestic Violence Clients with Pets Sheltering Animals of Abuse Victims – Start Up Guide ABA Tort Trial & Insurance Practice Section Animal Law Committee ABA Resolution 504 “ABA House Adopts Policy to Protect Domestic Violence Survivors and Their Pets” American Bar Association Commission on Domestic & Sexual Violence American Bar Association Animal Law Committee American Bar Association American Bar Association Litigation Section

Every once in a while, it’s nice to examine the smaller issues affecting our lives as litigators that might not merit a full episode on their own but are important just the same. Hosts Jim Reeder and Mic Rogson dig into the everyday issues that affect us, even if we don’t notice them at first. Call it a “Mic and Jim Miscellany.”   First up: Does being a litigator affect how you handle your own everyday issues? Probably—it’s who we are and how we see the world. But it can be hard to recognize our own behaviors and how our training and careers affect us. Sometimes, an everyday interaction doesn’t call for a full-blown argument, just a pleasant interaction or conversation. When is it time to put on your war face, and when is it time to extend a hand, listen, and just … talk? And then there’s that moment when a friend or family member, in a casual conversation, starts bringing up some legal issue and starts asking for advice. Legal advice. It’s hard to say no, but sometimes, that’s the answer.  And what is it they say about the lawyers who represent themselves? But sometimes, you do it anyway, and sometimes you learn something from the experience. And sometimes, it’s just exhausting. Where’s the line? Have a question, comment, or suggestion for an upcoming episode? Get in touch at [email protected] or [email protected].   Resources Mentioned:  American Bar Association American Bar Association Litigation Section

Though asylum and deportation cases get the headlines, the field of immigration law is complex and broad, and includes an impact on families, employment, and businesses. Policies can shift and vary, and attorneys litigating immigration cases are constantly challenged to keep up with the latest changes. And while these attorneys stay current with the laws, often the earliest immigration hearings are held before a non-lawyer, saddling attorneys with an extra emphasis on clear communication. William Menard is a longtime immigration attorney and a managing partner at Root Law Group, a California-based firm specializing in immigration law. He’s also the host of the podcast “The American Immigrant.” In this episode, you’ll hear how he is navigating new policies and working to serve clients. Plus, a quick tip from corporate attorney Lauren Williams on “keeping your poker face” in court. “Your face is an important part of your advocacy because everyone is watching it … Stay composed.” Have a question, comment, or suggestion for an upcoming episode? Get in touch at [email protected] or [email protected]. Resources: Immigration and Nationality Act American Bar Association American Bar Association Litigation Section

Dawn Post is a litigator, counselor, mediator, and trainer who has spent her life in an area of the law she found largely overlooked: the legal rights and vital protections of children. Her career spans from adoption to parental and grandparental rights to sibling visitation and the darkest corners of child abuse, child trafficking, and the evolving “troubled teen” industry, issues she’s been combatting both in the U.S. and internationally, including the investigation of a troubled teen program in Jamaica that proved to be egregious and abusive, and without oversight or legal examination. Now based in New York City, Dawn is an author and speaker with a single focus on the rights and best interests of children. She says flaws and oversights in the systems designed for child protection are rife, and she’s worked to network like-minded lawyers and organizations to improve systems and develop a child-centric environment. When it comes to children and teens, especially adopted children, who’s looking out for their rights? What happens when adoption and foster services operate without proper guardrails and oversight? Who is looking at a situation from a child’s point of view? This is where attorneys can make a difference. If you’ve thought about putting your litigation skills to work protecting those who need a voice, this episode may inspire you. Have a question, comment, or suggestion for an upcoming episode? Get in touch at [email protected] and [email protected].  Resources: Children's Rights Litigation Committee American Bar Association Litigation Section ABA Commission on Sexual Orientation and Gender Identity (SOGI) American Bar Association

Round Table Group is a Premier Sponsor of the ABA Litigation Section. 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. ----- It seems like every trial today needs an expert. And the experts you choose to learn from and present can make or break your case. So, hear it from the pros. In this episode guests (and experts on experts) Deena Pack and Seth Row share practical tips for successfully hiring and managing an expert for your case. Experts can be some of the most expensive elements of a case. You can’t afford to make a mistake. When it comes to hiring an expert, the rule of thumb is “the earlier the better.” You may not even know if you have a case until you have an expert review of the evidence. But where do you find an expert? One who is not only current and knowledgeable, but also relatable to a judge and jury? Sometimes, even the perception as an “outsider” or a “local” expert matters. How do you make the right choice, vet prior testimony, and review qualifications? And don’t forget the limits of your client’s budget. Plus, a quick tip from Lauren Williams on how to polish your professional reputation by building rapport with courtroom staff. Have a question, comment, or suggestion for an upcoming episode? Get in touch at [email protected] and [email protected].  Resources: American Bar Association American Bar Association Litigation Section

The process of “case budgeting” is increasingly common in complex litigation, it’s the science and art of laying out the potential time and cost of trying a case. Daniel Dowd is the managing partner and the president of the Phoenix law firm Cohen Dowd Quigley. He explains how to estimate: “How much will this cost to get to the finish line?”  But how do you do it? How do you react when a client brings up costs? Dowd details the labor-intensive process of understanding each aspect of the case and calculating costs, including discovery, expert witnesses, the potential for a mediated settlement, and even the nature of the court and opposing law firm. There are many variables, and as the timeline stretches out, projections can become less accurate. But if a client asks, a “best estimate” can help them understand the true cost of a case. “You build a skeleton … and then you have to estimate with your team how much time they’re going to spend,” Dowd explains. “Then you get your calculator out.”  Plus, a quick tip from attorney and co-chair of the ABA Mental Health & Wellness committee Maritza Rodriguez of the firm Rodriguez Family Law as she discusses “the great commitment reset.” Get a fresh start on a new year by making fewer commitments, auditing your life, and cutting back on self-scheduling. Have a question, comment, or suggestion for an upcoming episode? Get in touch at [email protected] and [email protected].  Resources: 2026 Women in Litigation CLE Conference American Bar Association American Bar Association Litigation Section

In this episode, host Mic Rogson leads an in-depth conversation with leading representatives of the American Bar Association House of Delegates, Jonathan Cole and Laura Farber. Why do busy lawyers get involved in these demanding roles? The rewards are countless. Hear how you can get involved and make a real difference both in the law and in society.  Hear how (and why) you can get involved. It’s your association, and every member can make a difference. Plus, involvement helps you meet and network with attorneys from across the country, even outside your area of focus. The House of Delegates wants your input, and includes tips on its website for getting involved and even drafting resolutions. If you’ve ever wondered how ABA policies, rules, and opinions are crafted, you’ll hear it all on this episode of Litigation Radio. You don’t need to be an experienced attorney with a long resume to get involved. All are welcome. Why not start today?  Plus, a quick tip from Elizabeth Kelley, a criminal defense lawyer with a nationwide practice focused on representing people with mental disabilities. She shares the importance of “lowering the temperature,” how to maintain civility and professionalism even if you feel you’ve been disrespected. Grace under pressure will serve you well. Have a question, comment, or suggestion for an upcoming episode? Get in touch at [email protected] and [email protected].  Resources:  Previous appearance on the Legal Talk Network, “NCBP 2021: Shaping the Future in the Legal Profession” American Bar Association House of Delegates “ABA Passes Strong Resolutions on Enforceable Ethics, Judge-Shopping,” Fix the Court Attorney Elizabeth Kelley  2026 Women in Litigation CLE Conference American Bar Association American Bar Association Litigation Section

In this episode, we discuss the topic every litigator must deal with at some point: effective business development strategies. Guests Maureen Cruz, Ph.D., and Tracey Salmon-Smith, both with the firm of Faegre Drinker Biddle & Reath LLP, share tips for new business development.  Waiting for the phone to ring and a client to drop into your lap isn’t a strategy. Running a practice and serving current needs take up a lot of your time. But if you can, try to carve out at least 10 to 15 percent of your time to network, follow up with clients, and put yourself in front of new clients and new environments. Client and business development is a deliberate process. Start by setting some time aside on your calendar. Keep up with those touchpoints and connections. Talk with colleagues across your firm. Read something that might impact a client’s interests? Pass it along. Whether it’s through publishing, speaking, networking, ABA involvement, or pro bono work, listen to two experienced professionals describe how to mindfully build your business. Have a question, comment, or suggestion for an upcoming episode? Get in touch at [email protected] and [email protected].  Resources:  2026 Women in Litigation CLE Conference American Bar Association American Bar Association Litigation Section

Have you ever thought about writing the perfect legal brief? Guest David N. Greenwald has, so much so that the retired Cravath, Swaine & Moore partner wrote a book on the subject: Sentence, Paragraph, Argument, Brief: Meeting the Four Challenges of Legal Writing. The book is the culmination of a 30-year legal career, beginning with a clerkship and the lessons learned under the guidance of the Hon. Richard A. Posner, Chief Judge of the United States Court of Appeals for the Seventh Circuit. Reading, digesting, and understanding everything related to each brief proved to be the foundation of good legal writing, Greenwald says. Throughout his career, Greenwald intentionally honed his skills, from writing briefs to eventually, as a partner, editing them. With each paragraph and edit, he focused on the construction and flow of each argument. Writing, Greenwald explains, is a linear process, putting ideas and sentences in a logical progression. A brief, he says, is a special kind of writing that must be learned. It starts with a statement of fact or history, building a narrative. But it’s also a work focused on clarity, without surprises or suspense. Hear Greenwald’s discussion of the art, and science, of legal writing and the principles of a clear, persuasive argument. Have a question, comment, or suggestion for an upcoming episode? Get in touch at [email protected] and [email protected].  Resources: Hon. Paul R. Michel, Chief Judge (Retired), U.S. Court of Appeals for the Federal Circuit on C-SPAN  2026 Women in Litigation CLE Conference American Bar Association American Bar Association Litigation Section  “Sentence, Paragraph, Argument, Brief: Meeting the Four Challenges of Legal Writing,” by David N. Greenwald

This is a fun one. As we know, Litigation Radio said goodbye to longtime host Dave Scriven-Young this summer. But what do we know about our new hosts, Michal “Mic” Rogson and James “Jim” Reeder? Believe it or not, they didn’t know each other well before agreeing to cohost the show. That’s a surprise. But they knew “of” each other professionally through ABA Litigation Section circles. In this episode, they interview each other. Not the resume stuff, but rather: What makes them tick? Who knew both hosts, while successful litigators, shared a passion for entertainment, even Broadway? (Hello, any agents out there!) While those dreams may never be reached, they agree being an attorney provides that creative outlet. Find out how an African American radio station, childhood dreams, and religion shaped the careers of Mic and Jim. Taking a moment to reflect on your own life journey can help shape the future of your career. What did you want to be, and where are you going? Have a question, comment, or suggestion for an upcoming episode? Get in touch at [email protected] and [email protected].  Resources:  The American Leadership Foundation American Bar Association 2026 Women in Litigation CLE Conference American Bar Association Litigation Section

As the saying goes, a good lawyer knows the law, a great lawyer knows the judge. Building credibility with the court in any case is vital. Veteran attorney and longtime judge Mark Drummond explains why and how you earn trust.  Trust and credibility are built brick by brick. It takes a lifetime to build your reputation, but breach that trust once, and the judge will never forget. And make no mistake, judges talk among themselves, so willful missteps will be known across the courthouse and for the rest of your career.  Understand the meaning of “candor to the tribunal.” When dealing with a judge, telling the truth is one thing. That can mean presenting the strengths of your case. But candor is what you also share with the judge beyond that, the thorns of the case. Judges who feel you weren’t completely candid may never fully take you at your word again. They may forever wonder what you’re withholding. If you’ve ever wondered what a judge is thinking about you, Judge Drummond lets you know and shares some of his favorite tips for building credibility and putting your best foot forward from the moment you walk into the courtroom.  Have a question, comment, or suggestion for an upcoming episode? Get in touch at [email protected] and [email protected].  Resources:  Previous appearance on the Legal Talk Network, “NYU’s Civil Jury Project (State Bar of Texas Annual Meeting 2024),” State Bar of Texas Podcast American Bar Association “Free Legal Answers”  Civil Jury Project, NYU School of Law  Susman Agreements: Clarity for the Rules of Civil Procedure  Access to Counsel Project, Federal Bar Counsel  “Dealing With Jerks,” by Judge Mark Drummond in ABA Litigation News  “Understanding the Pareto Principle (The 80/20 Rule),” Better Explained  American Bar Association American Bar Association Litigation Section

Is your career stuck in a rut? Hear what it takes to carve a meaningful career in law, as host Michal “Mic” Rogson sits down with Jill Wine-Banks, a history making lawyer who served as the only woman on the Watergate prosecution team and left a trail of shattered glass ceilings throughout her career. Wine-Banks shares how she built her extraordinary career tackling organized crime, a corrupt president, and led military and state legal teams. She headed the American Bar Association, corporate legal departments, and went on to host influential podcasts, published an autobiography, and serves as a legal consultant and contributor for MSNBC. Feeling locked in place in your career? Wine-Banks offers motivational insights about taking risks, moving forward, and never settling for the status quo. What do you really want to do, and what’s holding you back? Throughout her fascinating career, Wine-Banks continually accepted new challenges, broke down barriers, and reinvented herself over and over again. Have a question, comment, or suggestion for an upcoming episode? Get in touch at [email protected] and [email protected].  Resources:  iGen Politics podcast Just the Facts podcast Jill Wine-Banks, Wikipedia entry “The Watergate Girl: My Fight for Truth and Justice Against a Criminal President,” by Jill Wine-Banks “The Presentation of Self in Everyday Life,” by Erving Goffman, Amazon “Gideon's Trumpet: How One Man, a Poor Prisoner, Took His Case to the Supreme Court and Changed the Law of the United States,” by Anthony Lewis Assembly of Captive European Nations, Wikipedia American Bar Association American Bar Association Litigation Section

Let’s talk about associate retention, keeping those young lawyers you’ve recruited and mentored at your firm. It shouldn’t be a given that every associate will take what you’ve taught them to another firm in two or three years. Guest Ben Dachepalli is a veteran lawyer and a partner in the Tampa office of Bradley Arant Boult Cummings LLP specializing in construction law. As a senior member of his firm, Dachepalli says retaining young associates is more than a transactional activity, it’s building the firm and developing the next generation of leaders. When he’s interviewing prospective hires, “I’m not interviewing my next associate, I’m interviewing my future partners.” Don’t think of young lawyers as associates who will move on—  develop them so they not only want to stay but also want to become leaders in your firm.  For Dachepalli, the “secret sauce” is an inclusive, team-based approach. Ensure associates are involved and invested in the firm’s success, not simply completing assigned and rote tasks. Communicate with associates as peers, give them responsibilities, and show them they are valued.  Involving associates in multiple levels of a case and asking for their input from the start not only shows them you value their skills, but also helps senior attorneys spot unexpected angles and see a case from a different perspective. (And remember, today’s young lawyers grew up with today’s technology, they might even teach you something). Have a question, comment, or suggestion for an upcoming episode? Get in touch at [email protected] and [email protected].  Resources: ⁠American Bar Association⁠ ⁠American Bar Association Litigation Section⁠

When do you need to start thinking about finding and retaining your expert witnesses as cases progress through the litigation process? Timing is a critical part of your strategy. Often, it’s “the earlier, the better.” Guest Monica Poole is the director of expert witness services at Round Table Group, a national firm that helps litigators connect with trusted and vetted expert witnesses. Poole explains how the best experts can be hard to find, have busy schedules, and can help plot strategies from the beginning so you avoid dead ends and focus your energy. From the plaintiff’s side, the more complex the case the more important it is to start early. Do you truly have a case? An expert can help decide if a case is worth litigating. From the defense side, an early start can be valuable when a case demands an expert in narrow, niche fields. In many cases, attorneys are racing the clock with looming court deadlines. Not all experts are equal. The best not only provide technical input but also help craft discovery demands, decipher provided materials, and skillfully explain complex topics in layman’s terms to a judge and jury. Knowing when, and how, to engage the right expert is a critical part of every case. Hear how working with a service such as Round Table Group can help build and present a case and drive it to a successful conclusion. Have a question, comment, or suggestion for an upcoming episode? Get in touch at [email protected] and [email protected].  Resources: Round Table Group American Bar Association American Bar Association Litigation Section

In this episode, we say farewell to longtime host Dave Scriven-Young as he turns the podcast hosting duties over to James “Jim” Reeder and Michal “Mic” Rogson. Beginning with the next episode, Jim, an accomplished commercial trial litigator, and Michal, a veteran litigator who strives to turn complex legal issues into clear, concise arguments, will continue Dave’s passion for helping lawyers and law firms thrive.  Dave leaves with a few words of advice for both rising young attorneys and established firms looking to the next step. “Build a career that you’ll still love in 20 years,” he says. Curate your life, not just your résumé, and do the things that bring you satisfaction. Learn to say no early in your career. Not every challenge is right for you, and too much static can lead to burnout. Build relationships and guard your reputation, people remember you as a person long after they’ve read your résumé. Assess every step of your career and pivot as needed, people and situations change. And finally, know when to lift up others, help those coming up behind you, be a mentor, and share what you’ve learned. Dave will continue to remain active in the Litigation Section of the American Bar Association and is always eager to meet listeners and share stories at Litigation Section events. Resources: American Bar Association American Bar Association Litigation Section American Bar Association Litigation Journal

Mediation has become the rule, not the exception, in litigation. It’s a half a billion-dollar industry with some 90 percent of cases settled outside the courtroom. That’s why mediation and negotiation skills are so critical for all litigators regardless of practice area. It’s about knowing how to manage a mediation and knowing how to find and agree to a mediator or arbitrator.  Host Jim Reeder is a longtime, accomplished litigator with a deep understanding of the nuances of successful mediation. And guest John Barkett is an experienced, internationally recognized, and board-certified mediator and arbitrator, overseeing settlements in complex cases involving environmental law and construction. Mediating or arbitrating a case is a complicated and deeply rewarding field, as Barkett explains. Not only are experience and training crucial, but a successful outcome can also rely on a mediator’s temperament. For litigators, finding the right mediator is vital. If you haven’t been involved in a high-stakes arbitration or mediation, you will be someday.  Get real insights you can use from true pros, from choosing the right mediator to preparing clients for their role and making your opening presentation. Learn what you need to do in advance and how to evaluate risks and likely outcomes before you walk into a session. Plus, a quick tip from Elizabeth S. “Beth” Fenton, author, experienced attorney, and co-chair of the American Bar Association’s Mental Health & Wellness Committee.  Resources:  American Bar Association American Bar Association Litigation Section American Bar Association Litigation Section committee on Mental Health & Wellness

E-discovery is one of the hottest areas of litigation today. AI chats, Slack and social media, and confidentiality concerns are big news. As the field advances, it’s becoming increasingly important that legal professionals understand not just how to manage their own team’s data, but also what to ask for in discovery. Guest Nicole Gill, author of Best Practices for E-Discovery: A Practical Handbook (American Bar Association), explains how new sources of digital data emerge almost daily and how rules of collecting and preserving data trails, as well as data generated by AI chatbots, are constantly evolving. You need to stay up to date or you’ll be left behind. Knowing how to broadly expand your discovery requests can be crucial. It’s every attorney’s duty to understand the digital environments where important information, records, and communications live (and sometimes hide). Snapchat, WhatsApp, Facebook, and Slack are changing the way your own clients, and any subject of discovery requests, communicate. What must be preserved and what can be reviewed? And how are countries outside the United States (including China and the EU) managing data and privacy? Plus, a quick tip from guest Lindsay Polega as she explores the value of taking on pro bono work. It can be hard to take a full-time job fighting for justice. Those jobs don’t pay well, and many attorneys are wrestling with overwhelming student loans. But you can still do good by taking on some pro bono work, helping others while getting back to the ideals that got you into the field of law. Resources: Slack WhatsApp Snapchat ChatGPT Thomson Reuters CoCounsel American Bar Association American Bar Association Litigation Section

Get down with lawyers who rock, and some rock that led to lawsuits. Litigators Andrés Correa and Chris Patton of the Dallas firm Lynn Pinker Hurst & Schwegmann LLP are both rock and rollers and accomplished litigators. Hear how they make time for their passion for music, and how the outlet releases stress and opens paths to creative thinking and strategies they’ve applied to their legal careers and cases. Their passion for music inspired them to co-write the Litigation article “Rock Around the Court: How Copyright Litigation Reflects the Muddy Origins of Rock ‘n’ Roll,” which explores the legal issues surrounding music and creativity. As those who came before influence styles later, music copyright claims have led to legal cases that shape the world of music and art. Lawsuits continue to this day. What’s “inspiration” and what’s copyright infringement? From Elvis to Led Zepplin to today. Now, imagine where the brave new world of AI is going to take us. Resources: “Rock Around the Court: How Copyright Litigation Reflects the Muddy Origins of Rock ‘n’ Roll,” by Chris Patton and Andrés Correa, Litigation Journal “Jimmy Page, Sony Pictures Sued by Songwriter Over Led Zeppelin Song,” Reuters “Led Zeppelin Emerges Victor in 'Stairway to Heaven' Plagiarism Case,” Reuters “George Harrison’s “My Sweet Lord” Copyright Case,” Performing Songwriter “Robin Thicke, Pharrell Williams to Pay $5 Million to Marvin Gaye Estate for 'Blurred Lines'” NBC News “Reggaeton Copyright Infringement Lawsuit Targeting Over 100 of the Genre’s Biggest Acts to Move Forward,” Variety American Bar Association American Bar Association Litigation Section

The imbalance of power in the courtroom is often very real whether that’s a David vs. Goliath battle pitting a small-firm plaintiff against a corporate giant, or a situation where a judgment-proof or anonymous defendant evades accountability. The scales of justice are sometimes uneven. Guests Marcus Chatterton and Fred Tecce are veteran litigators who have found themselves in countless courtroom skirmishes opposing all manner of large and small businesses in a variety of corporate, patent, trademark, criminal, and personal injury issues. They explain how tech can help balance an imbalance of resources. Deep pockets may have been an advantage, whether that’s in the form of available manpower or the ultimate ability to pay a claim. But that doesn’t have to be the case. Modern, novel legal approaches and today’s tech tools can help level the playing field as software programs can analyze mountains of evidence that used to require hours of poring through boxes of paper that could overwhelm small firms. “Technology assisted review” is a growing field. Will AI further help attorneys battle an information dump in discovery or chase down anonymous actors and follow online breadcrumbs? The key is pairing legal skills and experience with tech, not only learning to use the newest tools but also learning to explain the findings and methodology to a judge and jury. Technology is changing everything from the way you prepare for trial to the way you present your case. Whether you’re a “Goliath” with a duty to assemble and turn over mountains of discovery, or a “David” faced with digging through that evidence and uncovering precedents that back your client, tech tools are blazing a new trail. Resources: “The Prelitigation Advantage: Leveraging AI for Discovery and Pleadings,” by Nicole Black, ABA JournalNational Institute for Trial AdvocacyThomson Reuters Legal TechnologyWestlawOncue Legal Presentation Software“WIPO Guide to the Uniform Domain Name Dispute Resolution Policy (UDRP)”“PGA Golfer Phil Mickelson Sues to Find Source of 'Defamation'”American Bar AssociationAmerican Bar Association Litigation Section

What’s it like to be a prosecutor in a case so high-profile it was dubbed “the trial of the century”? This special episode of Litigation Radio features guest John Meadors, the veteran murder trial prosecutor hired by the South Carolina Attorney General’s office to help prosecute prominent South Carolina attorney Alex Murdaugh in the sensational 2023 murder trial. In South Carolina, there had perhaps never been a more highly watched and scrutinized trial, and reporters and TV trucks filled the courtroom and the streets. Hear how Meadors and the prosecution team maintained focus and composure under the glare of television cameras and inside a packed courtroom facing a highly skilled and experienced defense team. The pressure during the weeks-long trial was enormous as reporters struggled to uncover every detail while attorneys and the court worked to maintain decorum and ensure a fair and just outcome.  Meadors will join the American Bar Association’s Litigation Section Annual Conference as a guest in a session titled, “The Court of Public Opinion: Litigating in the Media Spotlight.” In addition to the conversation with John Meadors, this episode features Larry Kristinik, Chair of the ABA Litigation Section, who provides tips on preparing for large legal conferences, and Judge Griselda Vega Samuel, who highlights the upcoming ABA Litigation Section Annual Conference in Chicago. Mentioned in This Episode: “'He lied and lied!' John Meadors closing argument in Alex Murdaugh trial: full video” YouTube  “Trial of Alex Murdaugh,” Wikipedia “To Crown a King, Kill the Law,” by Leonard Niehoff, Detroit Daily News Professor Leonard Niehoff:  “Mathew Rosengart, Power Litigator Who Freed Britney Spears From Conservatorship, Closes Chapter of Representing Pop Superstar,” The Hollywood Reporter American Bar Association 2025 Litigation Section Annual Conference April 30 – May 2,  American Bar Association American Bar Association Litigation Section

Get ready to take notes. In this episode, successful litigators and guests Monette Davis, Mark Romance, and Joseph Schaeffer walk us through 10 steps for setting up a successful litigation practice and being a successful litigator. Whether you’re fresh out of law school or setting off on your own after working for a firm, these tips will propel you forward. Your reputation is vital. Hear how to become the most trusted person in the room and a good teammate with a clear, honest voice. Build your reputation with everything you do, whether that’s being impeccably prepared or simply being on time and organized. Think about how you want others to see you (and what you want them to say about you when you’re not in the room). Little things matter, like knowing the rules. Not just the stuff you learned in law school, but state and local rules, even rules specific to an individual judge. Being a top litigator is all about being professional, honest, trustworthy, dependable, and prepared. Take advantage of this insightful, heartfelt mentoring session from three litigators who have been there, done that, and built successful careers. (And don’t forget to be good to yourself.) Resources: American Bar Association American Bar Association Litigation Section

Berkeley Research Group (BRG) is a Premier Sponsor of the ABA Litigation Section. On this Litigation Radio episode, we will hear from Deepa Sundararaman, Director with BRG, about diversity in experts. The selection of BRG as the subject of this interview should not be construed as an endorsement by the American Bar Association of BRG and its services. ----------------------------------------------------- Attracting, retaining, and promoting a diverse panel of experts remains an important issue for successful attorneys winning cases. A diverse panel of attorneys and experts leads to better thinking by helping legal teams understand how jurors with different backgrounds and experiences will interpret evidence and testimony.  Guests Tiffany Shimada and Deepa Sundararaman explain how optimal results follow when we widen the thought process and open ourselves to new angles and ways of thinking. Hear how a diverse team of lawyers and experts can help legal teams spot storylines and arguments that persuade juries. Tiffany and Deepa share examples of when broadening the team and seeking diverse opinions, experiences, and networks worked. Diversity isn’t about politics. It’s about winning cases and satisfying clients.  Hear how you can broaden your network of experts and tap into new perspectives you may not have considered, perspectives that could sway jurors in ways you might be missing.  Resources: McKinsey & Company, “Diversity Matters Even More: The Case For Holistic Impact”  National Association of Women Lawyers American Bar Association American Bar Association Litigation Section

What happens when your relationship with a client sours? When, and how, can you fire a client? And how can you avoid getting to that point? Guest Michael LeBoff is a veteran litigator who has worked with a variety of clients over his 25-year career.  LeBoff explains that client issues are, in most case, simply a matter of communication, payment, or a client’s frustration with the legal system. The system is complicated, cases take time, and costs may surprise unprepared clients. A lot of this is about managing client expectations. For instance, if a case is held up in a court calendar, communicate to your client that you’re still on the case and let them know what’s going on. But despite all efforts, sometimes things simply don’t work out and you may need to fire a client. It could be over slow payments or because a client has pushed you to behave unethically. Withdrawing from a case has its complications, ethical considerations, and Bar requirements. In these situations, it helps if you’ve documented everything in writing. That includes your strategy, desired outcomes, and costs.  Listen to this episode for best practices, how to protect yourself, and how to avoid minefields. RESOURCES: ABA Rule 1.16: Declining or Terminating Representation American Bar Association American Bar Association Litigation Section

Round Table Group is a Premier Sponsor of the ABA Litigation Section. On this Litigation Radio episode, we will hear from Deena Pack, Senior Manager of Expert Witness Services at Round Table Group. 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. Finding an expert witness goes beyond fancy credentials and an impressive CV. Guest Deena Pack is a senior manager of expert witnesses for Round Table Group, which wrangles experts for attorneys in cases nationwide. She’s joined by Dan Elms, a shareholder and veteran litigator with the law firm Greenberg Traurig. Let’s dig in.  It starts with the CV, but there’s more to it. Don’t be afraid to start with a video interview. Experts may look good on paper, but it’s important to know if they can convey their expertise to a jury in a clear, relatable manner. Presentation and communication can be as important as expertise and authority. Your client’s case may hinge on the experts you select. Don’t be shy about challenging them (because opposing counsel sure will).  The jury must trust your witness, but that can be a delicate dance. Too aloof, you lose your audience. Too casual, the jury may wonder if your witness is really an expert. And don’t forget the practicalities. You need an available witness, not someone with a planned lengthy vacation on their calendar. Is the expert a team player who could suggest angles you haven’t considered? What about references from other lawyers?  Plus, it’s important to understand what kind of expert you need for your case. Industry knowledge can differ from academic expertise. Can your experts explain where their academic qualifications extend into the specifics of your case? Get the inside scoop on the art of selecting expert witnesses from two guests who live this.    Resources: American Bar Association American Bar Association Litigation Section

Bullying is a real problem in the legal profession impacting recruitment, retention, and even driving lawyers out of the field. Guests Stephanie Scharf and Bobbi Liebenberg, through The Red Bee Group consulting firm, co-authored a report commissioned by the Illinois Supreme Court Commission on Professionalism titled “Bullying in the Legal Profession: A Study of Illinois Lawyers’ Experiences and Recommendations for Change.” We’ve heard anecdotes about bullying in the legal profession, but while anecdotes get some attention or raise eyebrows, they don’t drive change. That takes data. The study produced by Liebenberg and Scharf produced a mountain of compelling data through a survey of more than 6,000 Illinois attorneys. The shocking result: One in four lawyers surveyed reporting bullying. Numbers don’t lie, bullying in the legal profession happens. A lot. Bullying is more than incivility and rudeness. It involves power imbalances, intimidation, humiliation, and control. Sometimes it’s even physical. The study delivers a deep dive into a problem that has received little to no formal examination. Bullying impacts every field and lawyer in the profession, but it’s especially problematic for younger lawyers, women, people with disabilities, and people of color. It’s not “just hazing” and it can no longer be tolerated. This episode will have people talking. Resources: Illinois Supreme Court Commission on Professionalism “Bullying in the Legal Profession: A Study of Illinois Lawyers’ Experiences and Recommendations for Change” by Bobbi Liebenberg and Stephanie Scharf “Her Story: Lessons in Success From Lawyers Who Live It” by Teresa M Beck, Shayna Michele Steinfeld, and Jacqueline Mecchella Bushwack “Her Story: The Resilient Woman Lawyer's Guide to Conquering Obstacles, Book 2,” edited by Teresa M Beck, Alicia M Menendez, and Shayna Michele Steinfeld Previously on the Legal Talk Network, Bobbi Liebenberg and Stephanie Scharf on Lawyer 2 Lawyer, “A Study Into Women Leaving the Law” American Bar Association American Bar Association Litigation Section

Civility. There seems to be a lack of it these days. But being civil, developing relationships, and settling differences professionally is especially important in the legal profession. Guests Sonja Arndt-Johnson and Jeanne Huey have studied and written about the line between vigorous representation and civility.  Civility in the profession starts with courtesy and politeness, but it’s more than that. It’s about ethical behavior and polite, professional interactions not only with opposing counsel, but with everyone in the courthouse, from clerks to judges. Civility makes the legal system work. But what happens when an attorney steps outside the lines and acts in an uncivil manner? In many cases, civility isn’t just a nice idea, there are rules—both in the courts and through the American Bar Association and state bars—that govern professional behavior and that require attorneys to act with honesty, integrity, and civility.  The law is a stressful profession, and it’s vital we keep our heads and remain civil. Harassing behavior and lashing out are never acceptable (and in some cases extreme conduct can result in fines and other disciplinary action). Listen now to learn more about keeping your cool to get ahead.  Resources: “Rule 3.4: Fairness to Opposing Party & Counsel,” American Bar Association “Civility Versus Zealous Advocacy: An Attorney’s Duty,” American Bar Association, by Sonja Arndt-Johnson “The Power of Three: Civility, Professionalism, and Zealous Advocacy,” American Bar Association, by Jeanne M. Huey” American Bar Association American Bar Association Litigation Section Chapters: 00:00 Topic Introduction 02:47 What Is Civility? 08:11 Disciplinary Rules for Acting Uncivilly 17:12 Continuance 31:15 Health & Wellness Tip

As the year winds down, it’s a good time to take stock of your life as both a person and a litigator. Are you going in the direction you want, are you shortchanging one aspect of your life to benefit another? Is it working for you? Guests Anne Marie Seibel and Paula Hinton are experienced and highly successful litigators who explain how they learned to balance family and careers, professional goals, and personal aims. There are times when one part of your life demands your full attention, and then there are times when it’s acceptable to say “no” to a request.  Learning to follow mentors, listen to colleagues, and balance family is an art. A big part of this is building your “board of directors,” people you trust to give you honest feedback, people you can lean on for both support and guidance.  Your life, professional and personal, is a marathon, not a sprint. Take a moment now and then to listen to yourself and your “team” to learn where you are, where you’re going, and what you want. Life throws a lot at you – sometimes things you can’t control, like the COVID pandemic – and each challenge can take control of your career and your life if you let it. Take charge of your life.  Resources: Previously on Litigation Radio, “Step by Step: How a Prominent Litigator Build Her High-Profile Career" American Bar Association American Bar Association Litigation Section

When is it time, and how do you know, to step back from your busy, often hectic, law practice and move on to a new chapter. And how do you prepare? Guests Charla Stevens and David Soley have both been highly successful attorneys in New England. Stevens moved on from her work at a law firm to establish a consulting firm, Charla Stevens Consulting. Soley continues to work at the firm Berstein Shur and is the author of the American Bar Association book “Transitioning to Happiness: Type A Lawyers and Retirement.” Soley says lawyers should start preparing now. Being a trial lawyer is a passion, but it’s important to regularly take stock and reflect on your situation. How do you feel? Are you still excited? What would you do if you were no longer a lawyer? It’s important to stay in touch with yourself and create a plan for your second act so that you’ll have an “escape hatch” when you realize it’s time to go. Don’t wait for the last minute. Stevens’ former firm even encouraged litigators to think ahead and understand how many hours they want to work. Hear how she learned to recognize the factors that nudged her to step away and engage in something new. The loss of empathy, stress even outside the workplace, headaches, and even lack of sleep can all be warning signs. We know good litigators are “Type A,” people. And our guests agree a rocking chair isn’t the answer for many of us. Hear how you can identify your other passions, outside the law, and pursue them. Make a list, make a plan, get excited. Consulting, writing, travel, sports, volunteering, teaching? They can offer a fulfilling way to engage and excel. There is life outside the courtroom. Resources: Coastal Maine Botanical Gardens Bernstein Shur website American Bar Association “Real Estate Litigation Handbook” by David Soley “Transitioning to Happiness: Type A Lawyers and Retirement,” by David Soley Charla Stevens Consulting website American Bar Association American Bar Association Litigation Section

Berkeley Research Group (BRG) is a Premier Sponsor of the ABA Litigation Section. On this Litigation Radio episode, we will hear from Jeffrey Klenk, 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. ----- More than 10,000 federal class action cases were filed last year, covering a range of areas including securities, antitrust, employment, and consumer protection. What do they have in common? They often rely on an economist’s expert analysis and testimony. So how early should you hire an economist to pick through the data?  Guest Jeffrey Klenk, a managing director with the consultant firm Berkeley Research Group (BRG), shares best practices for working with an economist expert witness.  Hear how an economist can help litigators, judges, and juries understand what matters in a case by dissecting transaction-level data, valuations, and the impact of outside influences you may not have considered. Here’s a spoiler: Klenk says it can be “fiendishly difficult” to not only understand the merits of a case but also the viability as a class action for both the defense and plaintiffs.  From analyzing a case’s potential before filing, to focusing depositions, and to courtroom testimony, an economist can be a litigator’s most valuable tool. When economists and attorneys work together, good things can happen.  Plus, a “quick tip” from Latosha M. Ellis of the firm Hunton Andrews Kurth on professional civility. You don’t have to agree with, or even like, everyone. But remember, what goes around comes around. Resources:  “Goldman Sachs Settles 2014 Class Action Lawsuit Tied To Metal Trades” “Court Rejects Antitrust Suit In Victory For Comcast”  Berkeley Research Group (BRG) “United States - Economist's Perspective (2023/2024): Class Actions – Litigation, Policy and Latest Developments” by Noureen Akber, Jeffrey Klenk, and Mike McDonald 2024 Professional Success Summit, American Bar Association  “About Section 337,” United States International Trade Commission American Bar Association American Bar Association Litigation Section

Let’s look at two recent Supreme Court cases impacting the role and powers of federal regulators. After decades of accepted areas of law that deferred to federal regulators, we are witnessing a shakeup through rulings on the so-called Chevron Deference and the Corner Post decision. How will these landmark rulings change the power held by agencies?  The modern regulatory state of the federal governments evolved after the Great Depression during the New Deal to tighten lax oversight blamed for many elements that led to the Depression. As new agencies were created, regulators came to enforce developing legislation, such as the Securities Exchange Act and labor rules. Seventy plus years later, we have our alphabet soup of federal agencies. Expect a slew of new challenges and litigation to follow. “It is impossible to overstate what a complete wreck this is going to make of everything,” says guest and associate professor of administrative law Gwendolyn Savitz, calling the effect of the rulings “calamitous.” How can legislators put the toothpaste back in the tube? “Chevron’s a big deal, it’s reversal’s a big deal,” adds guest and regulatory law veteran Paul Weiland. If you’re involved in regulatory law, you can’t miss this episode. Resources: “Reassessing Administrative Finality: The Importance of New Evidence and Changed Circumstances,” by Gwendolyn Savitz Administrative Procedures Act, Cornell Law School “Loper Bright, Skidmore, and the Gravitational Pull of Past Agency Interpretations,” Yale Journal of Regulation  Chevron U.S.A. v. Natural Resources Defense Council, via Justia Corner Post, Inc. v. Board of Governors of the Federal Reserve System, SCOTUSblog Loper Bright Enterprises v. Raimondo, SCOTUSblog Magnuson-Stevens Fishery Conservation and Management Act, NOAA “The Supreme Court Ends Chevron Deference – What Now?” NRDC American Bar Association American Bar Association Litigation Section

It’s summertime, and that means it’s time for law student summer associate and clerkship programs. If you’re a law student, hear from two successful lawyers who used summer associateships to launch bright careers. Guests Monica Latin and Debrán O'Neil are partners at Carrington Coleman Sloman & Blumenthal LLP in Dallas. Latin is now the managing partner while O’Neil is the hiring partner who oversees the firm’s summer associate program.  Together, the two provide real-life tips for students in associate programs. Hear the things they look for in an associate and clerk and how these programs lead to job offers. Associateships and clerkships are opportunities often not available to students in other career paths. Make the most of them.  In a summer program, remember your goals. Do good work and build relationships. Remember why you’re in an associateship or clerkship. Hear what firms are looking for and how they judge performance. These programs are job interviews. Not just for the firm but for students exploring the firm. Learn what makes a good cultural fit. Both sides are observing each other.  Attitude is everything. Be positive. Say yes to opportunities. And make the most of your summer program.  Resources: Carrington Coleman Sloman & Blumenthal LLP American Bar Association American Bar Association Litigation Section

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

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

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

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

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

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

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

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

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

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

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