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ABA Journal: Asked and Answered : COVID-19 hasn't stopped this lawyer from advocating for wellness and recovery
32:14

Lawyer and author Brian Cuban chats with ABA Journal Senior Writer Stephanie Francis Ward about how he’s been focusing on what he can control during the COVID-19 pandemic, rather than what he can’t, and what he misses the most. For Cuban, that includes hugs from family and friends, and he’s not sure that they’ll ever be given as freely as they once were.

Special thanks to our sponsor, LawPay.

Jun 29, 2020
ABA Journal: Modern Law Library : What does police abolition look like?
25:54

Recent protests over police brutality have raised the volume on calls to defund the police. But while police abolition may be new to some, it's a concept that has been studied and discussed for decades. In his 2017 book, The End of Policing, Alex S. Vitale explains the troubling origins of modern policing, why commonly suggested reforms like training and increased diversity have not been successful, and how slashing social services has placed police officers in situations they are unequipped to deal with. In this episode, Vitale also shares with the ABA Journal's Lee Rawles how he explains the issue to sceptics, and ways that lawyers can help rethink the ways that the criminal justice system re-enforces inequality.

Special thanks to our sponsor, Headnote.

Jun 24, 2020
ABA Journal: Legal Rebels : BigLaw firm’s legal tech subsidiary has launched a steady stream of COVID-19 tools
27:49

When the novel coronavirus began rapidly spreading across the United States earlier this year, Kimball Dean Parker says he felt a strong desire to help consumers and businesses in need. Utah-based SixFifty set out to do what it does best: develop online tools to assist consumers of all types tackle complex legal challenges without breaking the bank.

Special thanks to our sponsor Alert Communications.

Jun 17, 2020
ABA Journal: Modern Law Library : What's lost when jury trials vanish?
47:16

Thirty years ago, between 9% to 10% of federal criminal cases actually went to trial before a jury. That may not seem like a large percentage, but by 2018, only 2% of defendants received a jury trial. To Robert Katzberg, this represents a three-fold crisis. First, citizens are unable to participate and observe the judicial system through jury service. Second, trial attorneys are unable to hone their skills in front of a jury. Third, defendants are thus deprived of experienced counsel. It inspired Katzberg to write The Vanishing Trial: The Era of Courtroom Performers and the Perils of Its Passing. Part memoir, part practical advice for litigators and part warning to the public, the book shares stories from Katzberg's four decades of litigation experience in New York City and around the country. In this episode of the Modern Law Library, he explains to the ABA Journal's Lee Rawles why he chose to praise and criticize people by name, and why jury duty is such a valuable experience.

Special thanks to our sponsor, Headnote.

Jun 10, 2020
ABA Journal: Asked and Answered : Can cyborg lawyers convince their clients to listen?
23:18

Do you really need a human for the so-called human touch in lawyering, particularly when a big part of the job is convincing the client to be reasonable? Maybe not, according to some people who created apps that they claim help people accomplish tasks traditionally carried about by lawyers. The ABA Journal’s Stephanie Francis Ward talks with legal technologists about how their apps are working to do things such as detect and block sarcasm in texts between parents at odds with each other and quickly find middle ground between people battling over small amounts of money.

Special thanks to our sponsor, LawPay.

May 26, 2020
ABA Journal: Modern Law Library : Meet 9 American women shortlisted for the U.S. Supreme Court before Sandra Day O'Connor
31:07

As early as the 1930s, presidents were considering putting the first woman on the U.S. Supreme Court. So who were these other candidates on the shortlist, and why did it take until 1981 for Sandra Day O'Connor to become the first female justice? In this episode of the Modern Law Library, the ABA Journal's Lee Rawles talks with Renee Knake Jefferson and Hannah Brenner Johnson about their decade-long research project into the careers and personal lives of nine other women who could have been elevated to the Supreme Court. In Shortlisted: Women in the Shadows of the Supreme Court, Jefferson and Johnson also look at the factors that helped those nine succeed as women in the law, the institutional powers that stood in the way of their nominations, and the forces that eventually broke down the court's gender barrier.

Special thanks to our sponsor, Headnote.

May 20, 2020
ABA Journal: Legal Rebels : How hosting a national pandemic summit aided Nebraska courts with its COVID-19 response
23:56

When the novel coronavirus began sweeping across the U.S. earlier this year, Nebraska’s courts system was better prepared to rapidly adjust its operations than some of its counterparts in other states. Michael G. Heavican, the chief justice of the Nebraska Supreme Court, attributes this to the National Pandemic Summit that he hosted in May 2019 for court leaders across the country. In this new Legal Rebels Podcast episode, Heavican talks to ABA Journal Legal Affairs Writer Lyle Moran.

Special thanks to our sponsor, Nexa.

May 13, 2020
ABA Journal: Modern Law Library : Insider's guide to succeeding in law school
36:36

Andrew Guthrie Ferguson says that near the end of every school year, he has law students come into his office, "usually in tears." They tell the professor that if they'd only known at the start of the year what they'd figured out by the end of the year, they'd be so much father ahead. During his time as a non-traditional law student, Jonathan Yusef Newton found himself coaching and consoling many of his peers, trying to share with them what he'd learned about the law school system. Both Ferguson and Newton independently thought that there should be a guide to law school to explain these unwritten rules–and after a discussion in Ferguson's office, they realized they could collaborate on just such a project, combining the wisdom of the law professor and the recent law grad. The Law of Law School: The Essential Guide for First-Year Law Students was the result.

In this episode, they discuss the book with the ABA Journal's Lee Rawles, and share their thoughts on how distance learning during the COVID-19 pandemic will impact the experience of law school. Ferguson, an expert on the use of data and electronic surveillance by law enforcement, and Newton, a former police officer, also share their thoughts and concerns about the use of surveillance technology to enforce public health.

Special thanks to our sponsor, Headnote.

May 06, 2020
ABA Journal: Asked and Answered : Trials and tiaras: How do pageant winners fare as lawyers?
18:59

In this new episode of the ABA Journal’s Asked and Answered podcast, Senior Writer Stephanie Francis Ward talks about the similarities between the pageant circuit, law school and the practice of law with pageant winners—some of whom have no school debt thanks to contest scholarships—and a litigator who also works as a pageant coach.

Special thanks to our sponsor, LawPay.

Apr 27, 2020
ABA Journal: Modern Law Library : Journalist investigating wrongful convictions turns lens on white-collar criminal case
29:10

When Michael Segal first approached longtime Chicago journalist Maurice Possley about writing about his case, Possley was not interested. Segal's 2002 arrest and subsequent federal trial had been big news in the city, and Segal had been accused of the looting about $30 million from his Chicago company, Near North Insurance Brokerage. Possley had won the Pulitzer Prize for previous stories about wrongful convictions, but never about someone of Segal's profile: a wealthy, powerful and educated owner of the fifth largest insurance brokerage in the country. But the more Possley looked into the case, the more convinced he became that prosecutorial misconduct and vengeful former employees had unjustly cost the Segal family their company, some 1,000 employees their jobs, and Segal himself eight years in prison–for a crime that Possley doesn't believe was ever a crime in the first place.

In Conviction at Any Cost: Prosecutorial Misconduct and the Pursuit of Michael Segal, Possely delves into the motives of the various players in the case, and lays out irregularities in the way Segal was investigated and prosecuted. In this episode of the Modern Law Library, Possley speaks with the ABA Journal's Lee Rawles about his investigation, his writing partnership with Segal, some of the more surprising turns his research took, and how Chicago city politics impacted the case.

Special thanks to our sponsor, Headnote.

Apr 22, 2020
ABA Journal: Legal Rebels : Online estate planning sees surge during coronavirus crisis
28:16

The online estate-planning platform Trust & Will saw at least a 100% increase in business in March amid the COVID-19 pandemic, according to Cody Barbo, the company’s CEO and co-founder. “I think that everybody has a family member who is elderly or has been affected by this or works in health care, so it definitely hits close to home,” says Barbo in this new episode of the Legal Rebels Podcast with ABA Journal Legal Affairs Writer Lyle Moran.

Special thanks to our sponsor, Nexa.

Apr 15, 2020
ABA Journal: Modern Law Library : Develop your horse sense with equine law
22:40

Julie Fershtman has developed a niche practice helping people who love horses deal with the particular joys and challenges that come with equine businesses. She is one of the nation's best-known lawyers serving many facets of the horse industry. Fershtman is the author of Equine Law and Horse Sense, produced with ABA Publishing. In this episode of the Modern Law Library, Fershtman introduces ABA Publishing’s Ashley Alfirevic to the world of horse sense, the dark underbelly of the Kentucky Derby and the liabilities of pony rides.

Special thanks to our sponsor, Headnote.

Apr 08, 2020
ABA Journal: Asked and Answered : How to practice law remotely and efficiently during the COVID-19 crisis
25:00

As people across the country are coping with countless changes in light of the novel coronavirus pandemic, the ABA Journal’s Asked and Answered podcast is taking a break from its regularly scheduled programing to share information with lawyers about how they can adjust to the world’s current situation—such as having to work from home, whether they want to or not.

Special thanks to our sponsor, LawPay.

Mar 30, 2020
ABA Journal: Modern Law Library : What should you read about COVID-19? We asked an epidemiologist
25:46

With a barrage of information and misinformation about COVID-19 coming our way, it can be hard to evaluate what sources are trustworthy, and where to go for reliable medical news. So for this episode of the Modern Law Library, the ABA Journal's Lee Rawles called her friend Mary Lancaster, an epidemiologist for the federal government. They discuss how to evaluate social media claims, the best books and podcasts for people who want to know more about infectious diseases–and their recommendations on good fiction reads for people who need to take a break from the coronavirus news.

Special thanks to our sponsor, Headnote.

Mar 25, 2020
ABA Journal: Legal Rebels : President of the Legal Services Corp. reflects on his tenure
21:57

Asked to reflect on his nine-year tenure as president of the Legal Services Corp., Jim Sandman says he is proud of many things that he and his team accomplished. Under Sandman’s leadership, the LSC produced its seminal work, which found that 86% of civil legal needs reported by low-income Americans in the past year were either inadequately addressed or not met at all.

Special thanks to our sponsor, Nexa.

Mar 18, 2020
ABA Journal: Modern Law Library : How to achieve vocal power in and out of the courtroom
36:34

Public speaking is a crucial part of working as an attorney. It is especially important for female attorneys who are claiming their vocal authority in speaking roles in courts. In this episode of the Modern Law Library, ABA Publishing’s Olivia Aguilar speaks with Rena Cook, co-author of Her Voice in Law: Vocal Power and Situational Command for the Female Attorney, about various aspects of voice and presentation; power-stealing vocal traits; and why understanding your voice is an important first step to building confidence and strengthening your success.

Special thanks to our sponsor, Headnote.

Mar 11, 2020
ABA Journal: Modern Law Library : Two families connected by LA riots collide in 'Your House Will Pay
33:52

The riots in South Los Angeles in 1992 may be nearly three decades old, but in the present day, two families in the novel Your House Will Pay will find that the events from that time are far from over.

Shawn Matthews is a former gang member and ex-prisoner in his forties, trying to raise a family and help his cousin acclimate after a decade in prison. Grace Park is a 28-year-old pharmacist who lives at home with her Korean-immigrant parents, trying to understand the reasons behind her older sister's estrangement with the family. These two main characters have never met, but over the course of the book the reader comes to understand the web of connections between them.

In this episode of the Modern Law Library, the ABA Journal's Lee Rawles speaks with Steph Cha, author of Your House Will Pay, about the real-life incidents that provided the inspiration for her novel. They also discuss why Cha decided to go to law school–and why she decided to be a writer instead of a practicing attorney.

Special thanks to our sponsor, Headnote.

Feb 26, 2020
ABA Journal: Asked and Answered : Why did a Georgia city prohibit tattoos on Sundays?
21:58

These days, people from all walks of life get tattoos. But in Columbus, Georgia, it was illegal to give them on Sundays, until recently. No one knows for sure what led to the law, but some suspect that it was what’s known as a “blue law,” a term for state and municipal regulations that prohibits commerce on Sundays, when lawmakers thought people should be in church. In this new episode of Asked and Answered, Stephanie Francis Ward explores people’s changing views of laws inspired by Christian outlooks and whether it’s worth changing those laws, even if they are rarely if ever enforced.

Special thanks to our sponsor, LawPay.

Feb 24, 2020
ABA Journal: Legal Rebels : How 2 Texas lawyers are marketing their practice through song
17:07

Thanks to social media and the internet, it’s never been easier—or more affordable—for lawyers to advertise. On the other hand, having so many avenues available to lawyers makes it more difficult for anyone to stand out from the crowd. So when Waco, Texas, lawyers Will Hutson and Chris Harris got more than 500,000 views on YouTube for a clip showing them playing guitars and singing about the legal consequences of swallowing, destroying or concealing marijuana in front of police officers, it was almost like winning the lottery. In this new episode of the Legal Rebels Podcast, Hutson and Harris speak with ABA Journal Assistant Managing Editor Victor Li.

Special thanks to our sponsor, Nexa.

Feb 12, 2020
ABA Journal: Modern Law Library : How safe is your right to vote?
37:45

The story of voting rights in the United States is not just one of expansion; there have been periods (such as after Reconstruction) where voting rights that had once been exercised were blocked off, extinguished and suppressed. Uncounted: The Crisis of Voter Suppression in America tells the story of historical efforts of voter suppression and the modern-day dangers that face voters now. In this new episode of the Modern Law Library, Gilda R. Daniels speaks with the ABA Journal’s Lee Rawles.

Special thanks to our sponsor, Headnote.

Feb 05, 2020
ABA Journal: Asked and Answered : Getting real: What happens when clients go on reality TV
28:48

Imagine you are meeting a client for the first time, and they show up with a TV camera crew that wants to film your meeting. This month, the Asked and Answered podcast series is exploring the unique curiosities of the law, starting with what it’s like when your client shows up with a camera crew and wants to tell their story on film. In this new episode, Stephanie Francis Ward, host of Asked and Answered, speaks with three lawyers involved in the world of reality television.

Music featured in this episode:
“On the Line” by Bright Seed
“Seriously” by Adrian Walther
“Sun And The Moon” by Moments
“California Cruisin” by Mikey Geiger
“Keys And Thank You” by Fairlight

Special thanks to our sponsor, LawPay.

 

Jan 27, 2020
ABA Journal: Modern Law Library : The court of public opinion: Why litigation PR is a critical component of a case
29:27

A lawyer’s duties do not begin and end at the courtroom door. They extend beyond to the proverbial court of public opinion. As both an attorney and a public relations consultant, author James F. Haggerty has shared how to properly handle the media aspects of litigation in the third edition of his book, In the Court of Public Opinion: Winning Strategies for Litigation Communications. In this new episode of the Modern Law Library, Haggerty speaks with Olivia Aguilar of ABA Publishing.

Special thanks to our sponsor, Headnote.

Jan 22, 2020
ABA Journal: Legal Rebels : Reinventing the staid field of legal academic writing
27:01

Legal academic publishing isn't synonymous with innovation. The mere mention of it can, for some, bring up repressed memories of the most banal and stuffy aspects of law school. But the Massachusetts Institute of Technology wants to change that. In spring 2019, MIT announced the MIT Computational Law Report. In this new episode of the Legal Rebels Podcast, technology writer Jason Tashea talks to Bryan Wilson, editor-in-chief of the online publication.

Special thanks to our sponsor, Nexa.

Jan 15, 2020
ABA Journal: Modern Law Library : How to kick off 2020 with more productive business meetings
23:20

When considering our New Year’s resolutions, we all want to be more resourceful with our time, especially with our workdays. We don’t realize how much time meetings can take up if they are conducted in an inefficient manner. Author and lawyer Donald Tortorice has offered a solution with his new book, The Modern Rules of Order. The fifth edition shares a modern and streamlined approach to business meetings that promotes efficiency, decorum and fairness in all settings.

Special thanks to our sponsor, Headnote.

Jan 08, 2020
ABA Journal: Asked and Answered : The financial costs for firms when women and minority lawyers leave
24:31

When you think about all the women and people of color who leave large law firms before making partner, that adds up quickly, says Ripa Rashid, managing director of Culture at Work in New York City. But there are ways to keep diverse lawyers at their firms, she says. In this new episode of the ABA Journal’s Asked and Answered podcast, Ripa talks with Senior Writer Stephanie Francis Ward about how can firms keep female and minority lawyers from leaving their firms and the high cost for said firms when they depart.

Special thanks to our sponsor, LawPay.

Dec 30, 2019
ABA Journal: Modern Law Library : Our favorite reads of 2019
33:58

If you're traveling this holiday season–or just enjoying some end-of-year downtime–you might be in need of some good book recommendations. With that in mind, in this episode of the Modern Law Library, the ABA Journal's Lee Rawles brings you a glimpse at what we've been reading around the ABA offices. Staff recommendations run the gamut from romance to horror to self-help to historical fiction. Make 2020 the year you make time to curl up with a good book, and tell us your favorite read of 2019.

Special thanks to our sponsor, Headnote.

Dec 18, 2019
ABA Journal: Legal Rebels : How one lawyer built a practice by defending a notorious accused hacker
31:37

Leaving BigLaw to start his own firm in 2011, Tor Ekeland quickly learned that his legal education was insufficient for the task at hand. To Ekeland, the edited cases law students spend three years reading don’t help graduates prepare for practice, which may include appearing before an overworked judge with limited attention or dealing with a lying client. The divide between law school and practice may be best illustrated by the lack of financial management courses, even though violating the client trust account is the “third-rail” of legal practice, according to Ekeland.

Special thanks to our sponsor, Nexa.

Dec 12, 2019
ABA Journal: Modern Law Library : What goes on in the mind of a sentencing judge?
27:45

A new book by Judge Frederic Block gives a behind-the-scenes look at a judge’s thoughts and feelings when imposing punishments. Block is candid and self-reflective in the book and also wonders where the line should be drawn in exercising judicial powers. In this new episode of the Modern Law Library podcast, Olivia Aguilar of ABA Publishing speaks with Block about sentencing issues, the details surrounding the cases covered in the book, and the most important case that he has ever handled.

Special thanks to our sponsor, Headnote.

Dec 04, 2019
ABA Journal: Modern Law Library : The Education of Brett Kavanaugh
33:11

One year after Brett Kavanaugh's tumultuous nomination to the U.S. Supreme Court, questions that arose during the nomination hearings still linger. In this episode, the ABA Journal's Lee Rawles speaks with New York Times reporters Robin Pogrebin and Kate Kelly about their book The Education of Brett Kavanaugh: An Investigation. Progrebin and Kelly discuss what it was like to report on Kavanaugh's nomination in real time, and to speak with the women who accused him of sexual assaults dating back to his high school and college years. They discuss what they learned from people who'd known him at various points in his life, and the conclusions they came to at the end of their year-long investigation.

Special thanks to our sponsor, Headnote.

Nov 27, 2019
ABA Journal: Asked and Answered : Introverted lawyer offers tips for office holiday parties
25:27

Holiday parties can be hard if you’re introverted, and they can be worse if you have social anxiety. But skipping them is not a great idea, says lawyer and author Heidi K. Brown, an associate professor of law and director of legal writing at Brooklyn Law School. In this new episode of the ABA Journal's Asked and Answered podcast, Brown talks to Senior Writer Stephanie Francis Ward about how to navigate the office holiday party and still appear to be having fun and how to come out of your shell when you'd rather be alone.

Special thanks to our sponsor, LawPay.

Nov 25, 2019
ABA Journal: Legal Rebels : Diversity in the legal tech community
31:48

The year 2017 was hailed as the "Year of Women in Legal Tech" based on a few high-profile acquisitions and hires. Kristen Sonday, the co-founder of Paladin, a pro bono management platform, however, took a look around and noticed that there were few other founders in the legal tech world who looked like her. So, Sonday set out to understand what the reality was: Was she blind to a cohort of female and minority founders, or did legal tech have a diversity problem? She talks to the ABA Journal’s Jason Tashea in this new episode of the Legal Rebels Podcast.

Special thanks to our sponsor, Nexa.

Nov 13, 2019
ABA Journal: Modern Law Library : How to master the jury selection process
43:17

As director of the National Legal Research Group’s jury research services division, Jeffrey T. Frederick is an expert on jury selection strategies. His new book, Mastering Voir Dire and Jury Selection, Fourth Edition: Gain an Edge in Questioning and Selecting Your Jury, shares how to develop and ask the questions to uncover information. In this new episode of the Modern Law Library podcast, Olivia Aguilar of ABA Publishing talks to Frederick about the significance of nonverbal cues during questioning, why open-ended questioning is the best way to secure necessary information, and how you can break the ice with a conversational tone.

Special thanks to our sponsor, Headnote.

Nov 06, 2019
ABA Journal: Modern Law Library : Fighting for 9/11's first responders
32:30

Tens of thousands of people worked at Ground Zero after the World Trade Center attacks in 2001, looking for survivors, sifting for human remains and breathing in the dust of the pulverized buildings. Their actions were heroic and lauded at the time, but as the months and years passed, many began to become gravely ill. William Groner was part of a legal team who brought a mass tort case that secured settlements for more than 10,000 such clients. In 9/12: The Epic Battle of the Ground Zero Responders, Groner and journalist Tom Teicholz tell stories about the individuals involved and the twists and turns of a legal battle with billion-dollar stakes. Groner speaks with the ABA Journal's Lee Rawles about how this battle changed him personally, the challenge of "being ahead of the science," and why the heroism his clients showed is now more important than ever.

Special thanks to our sponsor, Headnote.

Oct 30, 2019
ABA Journal: Asked and Answered : What seasoned and new lawyers can learn from each other
28:41

Much has been said about getting rewarding mentoring and work opportunities from more-seasoned lawyers. But newer lawyers can also bring knowledge to the table. In this new episode of the ABA Journal’s Asked and Answered podcast, Senior Writer Stephanie Francis Ward talks to Karen Kaplowitz, founder and president of the New Ellis Group, a business-development consulting firm in New Hope, Pennsylvania, about ways the experience pairing works well—for things like discovering unique business development opportunities—having more diverse legal teams, and finding better ways to use social media in marketing.

Special thanks to our sponsor, LawPay.

Oct 28, 2019
ABA Journal: Legal Rebels : Criminal justice experts hope tech can more easily help people expunge prior convictions and arrests
29:25

In the United States, an estimated 70 million people have a criminal record. Being tagged with this scarlet letter can affect a person’s ability to find employment, housing and even potential relationships. Meanwhile, the expansion of freedom of information laws and the internet has changed how criminal records are used and who has access to them. These changes raise questions around the purpose of criminal records and the limits of legal remedies like expungement and sealing. To make better sense of these issues, Colleen Chien, a professor at Santa Clara University School of Law, and Sarah Lageson, an assistant professor at Rutgers University School of Criminal Justice, came together and talked to ABA Journal Legal Affairs Writer Jason Tashea about their research into the modern trials and tribulations of expungement, sealing and criminal records.

Special thanks to our sponsor, Nexa.

Oct 16, 2019
ABA Journal: Modern Law Library : New book addresses critical legal issues, policies and strategies surrounding smart technology
27:26

From connected cars and industrial systems to toothbrushes and refrigerators, "internet of things" technology seems to be everywhere in the daily lives of consumers. With these modern conveniences, there are also privacy violations and security risks that must be considered while using them. The first comprehensive legal text focused on IoT, The Internet of Things: Legal Issues, Policy, and Practical Strategies, provides perspectives on public policy and assesses the broad range of legal issues, such as licensing, liability, electronic discovery and intellectual property, while addressing the current lack of regulation. In this new episode of the Modern Law Library podcast, Olivia Aguilar of ABA Publishing speaks with co-editor Cynthia H. Cwik about why IoT devices are some of the most vulnerable hacker targets, the impact of these devices on national security, and potential future regulatory measures.

Special thanks to our sponsor, Headnote.

Oct 09, 2019
ABA Journal: Asked and Answered : Pay Attention: CPA serves up financial tips for lawyers
26:02

Gary M. DuBoff says he’s very big on paying quarterly tax estimates on time. For many years, he kept a spreadsheet of everything that he spent money on, including coffee. After a year, he says, you may discover that you spend $1,200 on coffee. When it comes to retirement savings, DuBoff, a certified public accountant and a principal at Morrison, Brown, Argiz & Farra in its New York City office, says if you have an employer, be sure to know about all the benefits offered and take advantage of them. In this episode of Asked and Answered, Stephanie Francis Ward talks to DuBoff about how to live within your means, how to figure out your set costs, and how to budget with what’s left over.

Special thanks to our sponsor, LawPay.

Sep 30, 2019
ABA Journal: Modern Law Library : African American farmer’s legal battle to save his family farm is focus of ‘Catfish Dream’
24:45

Ed Scott was the first ever non-white owner and operator of a catfish plant in the nation. The former sharecropper-turned-landowner was part of a class-action lawsuit that resulted in upon one of the largest civil rights settlements in U.S. history. With the settlement of Pigford v. Glickman in 1999, almost $1 billion dollars has been issued to over 13,000 African American farmers to date. In 2010, the second half of the case was settled for another $1.2 billion in Pigford II. Scott’s legal battle and personal history inspired Julian Rankin to write Catfish Dream: Ed Scott’s Fight for his Family Farm and Racial Justice in the Mississippi Delta. In this episode, Rankin speaks with his cousin, the ABA Journal’s Brenan Sharp, about how Rankin came to meet Scott; how his background in visual arts informs his writing; and what Scott’s story shows us about the struggle for racial and economic justice in the Mississippi Delta.

Special thanks to our sponsor, Headnote.

Sep 25, 2019
ABA Journal: Legal Rebels : Exploring new frontiers in research for the legal industry
34:00

In the latest episode of the Legal Rebels Podcast, ABA Journal Legal Affairs Writer Jason Tashea talks to legal tech blogger Bob Ambrogi and Andrew Arruda, CEO of artificial intelligence company Ross Intelligence, about what new technology and artificial intelligence can do for legal research.

Special thanks to our sponsor, Nexa.

Sep 18, 2019
ABA Journal: Modern Law Library : How power dynamics in the workplace shield perpetrators of sexual harassment
31:27

We often associate the #MeToo movement with the entertainment industry, but sexual harassment is a widespread problem in all industries. The hierarchical nature of the workplace influences victims’ fear that reporting harassment will result in retaliation, and they do not feel protected by the very systems that are in place to protect them.

Lauren Stiller Rikleen addresses these structural issues in her new book, The Shield of Silence: How Power Perpetuates a Culture of Harassment and Bullying in the Workplace. This new release combines thought-provoking research, extensive interviews and strategic recommendations for addressing misconduct in a wide range of scenarios. Rikleen argues that if we are to move forward, all sectors must recognize the systemic problems that have left victims unprotected and work to create a culture of respect in the workplace.

In this episode of the Modern Law Library, ABA Publishing’s Olivia Aguilar speaks with Rikleen about how workplace structures protect those accused of misconduct, why the study of unconscious bias is critical when discussing sexual harassment, and what is next for the #MeToo movement.

Special thanks to our sponsor, Headnote.

Sep 11, 2019
ABA Journal: Modern Law Library : Debut novelist's tale of Sri Lankan refugees wins the Harper Lee Prize
38:28

In 2009 and 2010, two cargo ships packed with refugees fleeing the Sri Lankan civil war arrived on the shores of Canada. Those refugees inspired Sharon Bala's debut novel, "The Boat People," which won the 2019 Harper Lee Prize for Legal Fiction. Told through the eyes of a Sri Lankan man seeking asylum for himself and his son; a young Sri Lankan-Canadian law student reluctantly assigned to help with his case; and the granddaughter of Japanese immigrants to Canada interned during World War II, who will have to decide whether the details of his story add up. In this episode of the Modern Law Library, Bala speaks with the ABA Journal's Lee Rawles about the true stories behind her fictional novel, and what winning the prize named for the author of "To Kill a Mockingbird" means to her.

Aug 28, 2019
ABA Journal: Asked and Answered : Speak Up: Tips for lawyers on how to give an impactful public speech
26:46

If you want to give a good speech that will resonate with people, you should not use notes or an outline, says Gerard Gregoire, vice president of litigation services for the West region at Allstate. Instead, he says, know what you want to say forward and backward—much like you would a case file before trial—and practice on your own, so that you know the information so well you don’t have to rely on notes as a reminder. In this episode of Asked and Answered with the ABA Journal’s Stephanie Francis Ward, Gregoire offers public speaking tips for lawyers and why it’s important to be authentic and connect with an audience.

Special thanks to our sponsor, LawPay.

Aug 26, 2019
ABA Journal: Legal Rebels : How experiential learning became the norm
17:57

Ten years ago, Rodney Smolla was featured as a Legal Rebel for leading an innovative plan at Washington and Lee University School of Law to eliminate traditional third-year coursework and replace it with experiential learning. Many law schools opened clinics in the 1970s and 1980s, according to Smolla, but when Washington and Lee revised its 3L coursework in 2009, legal education for the most part had been unchanged for the past century. People had long thought that it was time for change, regardless of whether they were for or against experiential learning, Smolla tells the ABA Journal's Stephanie Francis Ward.

Special thanks to our sponsor, Nexa and Thomson Reuters Westlaw Edge.

Aug 14, 2019
ABA Journal: Modern Law Library : How to train your expert
24:48

When it comes to working with an expert or expert witness, there can be a lot of moving parts to keep track of. Navigating a relationship with an expert can be challenging, but it can be done successfully if both you and your expert pay attention to each other throughout the process. Author and attorney Janet S. Kole examines the complex issue of expert witnesses in her new book How to Train Your Expert: Making Your Client’s Case. In this episode of the Modern Law Library, ABA Publishing’s Olivia Aguilar speaks with Kole about common mistakes that young lawyers make while working with an expert, the ins and outs of the written report and how to avoid “impermissible ventriloquism.”

Special thanks to our sponsor, Headnote.

Aug 07, 2019
ABA Journal: Asked and Answered : First-year lawyer offers self-care tips and shares how he learned to quiet his mind post-law school
26:16

When Michael R. Anspach attended Marquette University Law School, yoga, meditation and being active in a 12-step community helped him succeed. But once the 2018 graduate started practicing at Anspach Law, those techniques didn’t work. This was because the demands of litigation made it impossible to quiet his mind, even on evenings and weekends, he says. In this episode of Asked and Answered with the ABA Journal’s Stephanie Francis Ward, Anspach talks about his road to success after law school, his self-care tips and how he learned to quiet his mind.

Special thanks to our sponsor, LawPay.

Jul 29, 2019
ABA Journal: Modern Law Library : Founder of The Slants talks about the band's free-speech fight
38:56

When Simon Tam booked the first gig for The Slants, there was a major obstacle to overcome: The band did not technically have any other members yet. There was just Tam and his dream of creating a rock band made up entirely of Asian American musicians. The bassist soon recruited enough musicians to perform the gig, but that would not turn out to be The Slants' biggest challenge. That would come with a trademark battle over the band's "disparaging" name that dragged on for more than a decade until it finally reached the U.S. Supreme Court. In this episode of the Modern Law Library, Tam joins the ABA Journal's Lee Rawles to discuss his band and his new book, Slanted: How an Asian American Troublemaker Took on the Supreme Court.

Special thanks to our sponsor, Headnote.

Jul 24, 2019
ABA Journal: Legal Rebels : What's your brand? Max Miller has some thoughts
26:15

It's good to be seen as a "thought leader," but don't call yourself that in marketing materials, says lawyer, professor and small business owner Max Miller. "It should be evident," Miller told the ABA Journal's Stephanie Francis Ward in this episode of the Legal Rebels Podcast. "You shouldn't have to put it in your LinkedIn profile."

Special thanks to our sponsor, Answer1 and Thomson Reuters Westlaw Edge.

Jul 17, 2019
ABA Journal: Modern Law Library : How the Great Recession changed American law firms
27:12

There’s no denying that law firms have gone through significant changes in the last decade. These changes continue to create unprecedented challenges for modern law firms today. So, what’s next? Randy Kiser, author of American Law Firms in Transition: Trends, Threads, and Strategies, pinpoints why the Great Recession of 2008 marked a defining moment for law firms and how the economic shift transformed the legal services landscape. In this episode of the Modern Law Library, ABA Publishing’s Olivia Aguilar speaks to Kiser about the impact of the recession on law firms, why law firm culture is crucial in today’s world and what lawyers have in common with the Pirahã tribe in Brazil.

Special thanks to our sponsor, Headnote.

Jul 10, 2019
ABA Journal: Asked and Answered : Want to go to law school? This teen has some tips
25:01

Rather than relying on one prep course for the Law School Admission Test, Haley Taylor Schlitz, a 16-year-old recent college graduate, took three within a five-month period. She was accepted at nine law schools and says having study organization plans, coupled with finding her true self as a homeschooler, helped lead to her success. In this episode of Asked and Answered with the ABA Journal’s Stephanie Francis Ward, she details some of those organization plans, as well as how she’ll be spending the summer before starting law school at Southern Methodist University this fall. Not surprisingly, plans include various programs on preparing for life as a 1L.

Special thanks to our sponsor, LawPay.

Jun 24, 2019
ABA Journal: Modern Law Library : How to become a federal criminal
23:48

The good news for anyone aspiring to a life of crime is that you may be a multiple offender of federal criminal laws without even being aware of it. Mike Chase, a white-collar defense attorney, launched his popular Twitter account @CrimeADay in an attempt to begin counting how many federal crimes are on the books in the Unites States. Five years later, he's still going strong, and the exercise led him to write How to Become a Federal Criminal: An Illustrated Handbook for the Aspiring Offender. In this episode, Chase talks with the ABA Journal's Lee Rawles about crimes like impersonating a mailman; importing pregnant polar bears; selling mail-order dentures; and letting your falcon be filmed for a movie.

Special thanks to our sponsor, Headnote.

Jun 19, 2019
ABA Journal: Legal Rebels : Avvo founder Mark Britton unwinds as he thinks about next step
28:59

Mark Britton, who founded and sold the online attorney ratings site Avvo, is taking a break. This helps with creativity but does cause him some discomfort. After his years of making money from attorneys on his site, he has some business development advice for the profession—zero in on groups of people who might hire you and figure out how they want to be spoken to, he tells the ABA Journal's Stephanie Francis Ward.

Special thanks to our sponsor, Answer1 and Thomson Reuters Westlaw Edge.

Jun 12, 2019
ABA Journal: Modern Law Library : A curmudgeon's guide to surviving and thriving in BigLaw
18:56

Who’s afraid of the big bad partner? For new law graduates and associates going into the world of BigLaw, the stakes have never been higher and neither have the expectations. As an attorney with Jones Day for over 20 years, Mark Herrmann is willing to tell you everything you wish that stoic senior lawyer would say. His book—The Curmudgeon's Guide to Practicing Law, Second Edition­—explains how to succeed with a little bit of snark and a whole lot of laughs. In this episode of the Modern Law Library, ABA Publishing’s Ashley Alfirevic speaks to Herrmann about what they didn’t tell you in law school, how to work with your assistant and what’s changed in this new edition.

Special thanks to our sponsor, Headnote.

Jun 05, 2019
ABA Journal: Asked and Answered : Amped Up: ADHD med abuse in the legal profession
32:20

Some people diagnosed with Attention-Deficit/Hyperactivity Disorder need prescription stimulants to function at the best of their abilities. But there are others who don’t have the diagnosis, but take the medicine illegally because they think it will help them perform better. It's a problem that law schools and the legal profession need to become more aware of, says Patrick Krill, an attorney and licensed and board-certified alcohol and drug counselor. Krill speaks with the ABA Journal's Stephanie Francis Ward about the extent of the issue and the dangers of illegal prescription stimulants.

Special thanks to our sponsor, LawPay.

May 28, 2019
ABA Journal: Modern Law Library : Public-Speaking Skills Every Lawyer Should Master
29:04

For every lawyer that thinks they have oral presentations down pat, there’s another that has anxiety about talking in front of a crowd. And they both need help. As an attorney and a formal federal law clerk, Faith Pincus gives lawyers the tools they need to succeed at public speaking. In this episode of the Modern Law Library, ABA Publishing’s Ashley Alfirevic speaks with Pincus about how to ditch the notecards, engage the audience and ask the right type of rhetorical questions.

May 22, 2019
ABA Journal: Asked and Answered : Civics beyond Schoolhouse Rock
14:32

Do nearly 25% of Americans really think Ruth Bader Ginsburg is chief justice? ABA President Bob Carlson addresses gaps in public knowledge of history and government uncovered by the first Survey of Civic Literacy in this special episode of the ABA Journal’s Asked and Answered hosted by Journal reporter Amanda Robert. Carlson highlights the survey’s most surprising findings, and discusses the ABA’s plans for the data and ideas for how Americans can improve their civic knowledge in the future.

Special thanks to our sponsor, LawPay.

May 20, 2019
ABA Journal: Legal Rebels : David Van Zandt has made a career out of touching third rails in higher ed
27:11

When David Van Zandt became dean of what is now Northwestern University's Pritzker School of Law in 1995, he faced a steep learning curve, he tells the ABA Journal's Jason Tashea. But he had a good sense of the demands on recent graduates and lawyers. He also took on faculty hiring and tenure–a third rail in higher education–by hiring those for tenure track positions with not only JDs, but PhDs. Named an ABA Journal Legal Rebel in 2009, Van Zandt is now the president of the New School in New York. Whether grappling with political issues of the day or an oppositional faculty, Van Zandt has continually forged ahead for the changes he believes in.

Special thanks to our sponsor, Answer1 and Thomson Reuters Westlaw Edge.

May 15, 2019
ABA Journal: Modern Law Library : The strange tale of the 'Voodoo Reverend' and Harper Lee's lost true-crime book
32:55

A series of suspicious deaths; a murder at a victim's funeral; a minister whom locals suspected was dabbling in voodoo; a gregarious Alabama lawyer and politician called Big Tom; and one of the nation's most celebrated–and misunderstood–novelists, Harper Lee. These are the backdrop and the main subjects in the newly released, stranger-than-fiction book Furious Hours: Murder, Fraud and the Last Trial of Harper Lee by Casey Cep. The author of To Kill a Mockingbird spent years researching and writing about this true-crime tale, with the intention of producing her own book in the style of Truman Capote's In Cold Blood. But did she ever finish it? In this episode of the Modern Law Library, Cep speaks with the ABA Journal's Lee Rawles about how her time reporting on the controversial release of Go Set a Watchman led her to start seeking another book that could be hidden in Harper Lee's sealed papers: The Reverend.

Special thanks to our sponsor, Headnote.

May 08, 2019
ABA Journal: Asked and Answered : Where the Jobs Are: Hot careers for the Class of 2019
36:39

Practice areas like cannabis law, M&A and real estate law are currently hot, but the good times never last forever, says legal recruiting consultant Valerie Fontaine of SeltzerFontaine. In this episode of Asked and Answered, she speaks with the ABA Journal's Stephanie Francis Ward about potential slowdowns and how lawyers can be thinking ahead to recession-proof their practices.

Special thanks to our sponsor, LawPay.

Apr 29, 2019
ABA Journal: Modern Law Library : Why tech tools can hold both promise and peril for policing
34:19

Like everyone else, police are inundated with new gadgets and technologies promised to make their jobs easier. But do they? In his new book, Thin Blue Lie, investigative journalist Matt Stroud digs deeps into the background of various police technologies' promises and perils. In this episode of the Modern Law Library, Stroud speaks with the ABA Journal's Jason Tashea about how the desire for quick technological fixes can compound the problems that technology was supposed to solve.

Apr 24, 2019
ABA Journal: Legal Rebels : Nonprofit law pioneer applauds 'low bono' growth
18:07
Before they were buzzwords, Luz Herrera was a pioneer in the world of "low bono" practice, nonprofit law firms and legal incubators. In this episode of the ABA Journal's Legal Rebels Podcast, Herrera speaks with Angela Morris about how a low-bono practice can enable a lawyer to balance the desire to help people with making a living.
 
Special thanks to our sponsor, Answer1 and Thomson Reuters Westlaw Edge.
Apr 17, 2019
ABA Journal: Modern Law Library : Networking for Introverts
36:19

You have to network to get work. Carol Shiro Greenwald wrote her book Strategic Networking for Introverts, Extroverts, and Everyone in Between for the wallflowers and the social butterflies alike who need help turning cocktail conversations into business relationships. In this episode of the Modern Law Library, ABA Publishing’s Ashley Alfirevic speaks to Greenwald about the networking matrix, interview double dates and random acts of lunch.

Apr 10, 2019
ABA Journal: Asked and Answered : Your client’s gone viral–now what?
28:39

Drawing attention to a client's plight can be a great outcome for an attorney wanting justice in a case. But what do you do when your client is trending on Twitter for all the wrong reasons? In this episode of Asked & Answered, the ABA Journal's Stephanie Francis Ward speaks with attorney Pete Wentz, an expert in crisis management and communication strategy. Wentz shares what tactics he's found helpful, when you should know that it's time to address online controversies–and what commonly given legal advice turns out to be the least helpful in putting out fires.

Special thanks to our sponsor, LawPay.

Mar 25, 2019
ABA Journal: Modern Law Library : A look back at Lizzie Borden
33:18

Cara Robertson has been fascinated by the axe murders of Andrew and Abby Borden–and the daughter who stood trial for those murders–since she was an undergrad at Harvard University nearly 30 years ago. In her new book, The Trial of Lizzie Borden, Robertson uses her skills as a lawyer to go over the strategies used by the defense and prosecution, the evidence brought before the court, and the societal influences that contributed to the trial and its outcome. In this episode of the Modern Law Library, the ABA Journal's Lee Rawles chats with Robertson about the evidence from the crime scene; the differences between Lizzie Borden's trial and what we might see in a similar case today; and why each generation seems to have a different take on Lizzie Borden and what she might have done in in 1892 on a hot August day in Fall River, Massachusetts.

Mar 20, 2019
ABA Journal: Legal Rebels : Jeff Carr continues his fight against billable hours
31:45

Jeff Carr has been on a 40-year path of improving lawyer efficiency and effectiveness. "There's an old saying that if you pay for service by the hour, you buy hours and not service," he says. "And I still believe that very much." In this episode of the Legal Rebels Podcast, Carr speaks with ABA Journal reporter Jason Tashea about why he came out of retirement, and how his principle of the Three Es calculated the value of legal services to clients.

Special thanks to our sponsor, Answer1 and Thomson Reuters Westlaw Edge.

Mar 13, 2019
ABA Journal: Modern Law Library : Former JAG captain draws from history and sports for diversity advice
46:23

Kenneth Imo spent years playing college football, working his way up in the military and leading the charge for diversity in two international law firms. Imo mined his experiences for his book, Fix It: How History, Sports, and Education Can Inform Diversity, Inclusion, and Equity Today. In this episode of the Modern Law Library, ABA Publishing's Ashley Alfirevic speaks with Imo about how firms can develop a more diverse and inclusive workforce; improve the legal profession; and creatively tackle the problems at hand.

Mar 06, 2019
ABA Journal: Asked and Answered : Bullying from the Bench: How to cope in court
28:59

When attorney Roula Allouch got involved with Bullyproof, an anti-bullying initiative with the ABA Young Lawyers Division, she quickly saw that many members' complaints were about judges. Complaining about judges is hard, Allouch tells the ABA Journal's Stephanie Francis Ward, and for the most part it's a bad idea to raise it in court while the behavior is occurring. But how should you respond? Listen to this episode for advice and information about tactics you can use to protect yourself without hurting your client's case.

Special thanks to our sponsor, LawPay.

Feb 25, 2019
ABA Journal: Modern Law Library : From Columbine to Parkland: How have school shootings changed us?
42:30

The 10 years that Dave Cullen spent researching and reporting on the 1999 shootings in Littleton, Colorado for his book "Columbine" were so draining that he experienced secondary PTSD. So on Feb. 14, 2018, when he heard about the shootings at Margery Stoneman Douglas High School in Parkland, Florida, he had no initial intention of writing about them. But in the nearly 20 years since the Columbine shootings changed our expectations about school safety, there had been a number of changes–including what the children directly impacted were able to do to change our national conversations about gun laws. In this episode of the Modern Law Library, Cullen speaks to the ABA Journal's Lee Rawles about his new book, “Parkland,” and how the Parkland students he met were able to create the impact they have in the year since the tragedy at their school.

Feb 20, 2019
ABA Journal: Legal Rebels : Leading advocate for diversity in legal industry hasn't seen much progress in 10 years
22:51

In the 10 years since Emery K. Harlan, co-founder of the National Association of Minority & Women Owned Law Firms, was featured as an ABA Journal Legal Rebel, he says little has changed for diversity in the profession. "I think it's stayed about the same," Harlan tells the ABA Journal's Stephanie Francis Ward. "The lesson we can take from diversity and inclusion is that there needs to be vigilance. There can never be a point where we can say we've achieved all there is to achieve. I think this year's [Am Law] partnership classes is an indicator of that."

Special thanks to our sponsor, Answer1 and Thomson Reuters Westlaw Edge.

Feb 13, 2019
ABA Journal: Modern Law Library : Building blockchain expertise into a practice area that pays
29:32

Blockchain's a buzzword, but what does it mean? In this episode of the Modern Law Library, our guests James A. Cox and Mark W. Rasmussen give a breakdown of what blockchain is, the emerging legal issues the technology is prompting, and why Jones Day thinks that it's an important emerging practice area. As the editors of "Blockchain for Business Lawyers," Cox and Rasmussen have compiled advice tailored for lawyers in a number of fields to help navigate the uncharted waters that blockchain technology is making possible.

Feb 11, 2019
ABA Journal: Asked and Answered : Finding the Right Fit: Creating a career you love
31:24

Samorn Selim had a difficult childhood. Her family fled Laos when she was young, and settled in a rough section of Stockton, California. There was violence in her neighborhood, and sometimes the family did not have enough food. So after graduating from Berkeley Law and getting a job at a big law firm in San Francisco, she thought she should be happy, she tells the ABA Journal’s Stephanie Francis Ward. But she wasn’t. Despite the large salary, private office and trial assignments, she hated her job. Finally she left the practice to do career services work at Berkeley Law. The change took $100,000 from her annual salary, and added 30 minutes to her work commute. But it taught her that getting the jobs we think we want may not actually be what’s best for us, and being honest about what sort of work fulfills you can help in choosing the right spot. In this episode of Asked and Answered, Selim shares what she learned about finding the right career fit.

Special thanks to our sponsor, LawPay.

Jan 28, 2019
ABA Journal: Modern Law Library : The Supreme Court’s colorful history with alcohol gets a look in ‘Glass and Gavel’
30:04

From the earliest days of the U.S. Supreme Court, alcohol has been part of the work lives and social lives of the justices. In the book "Glass and Gavel: The U.S. Supreme Court and Alcohol," Nancy Maveety takes readers on a tour through the ways that SCOTUS and spirits have overlapped. In this episode of the Modern Law Library, she speaks with the ABA Journal's Lee Rawles about how she came to write this in-depth history. While the Prohibition Era would immediately spring to mind, the court faced a number of cases involving alcohol that impacted commerce, advertising, criminal justice and even gender discrimination laws. Maveety, who in addition to being a scholar of constitutional law also studies mixology, shares how she selected a signature cocktail for each chief justice's tenure. She also has a drink suggestion for readers which encorporates an ingredient that's known to be one of Justice Ginsburg's favorites–and a cautionary tale about a normally teetotaling chief justice who dropped dead after sipping a sherry.

Jan 23, 2019
ABA Journal: Legal Rebels : Beating the drum for change
29:45

When Ralph Baxter joined the inaugural class of Legal Rebels in 2009, he was the CEO and chairman of Orrick Herrington & Sutcliffe. Just a year into the biggest recession since the Great Depression, he caught the ABA Journal’s attention through his initiatives that took Orrick from a domestic, California-based firm to an international heavyweight while navigating economic turbulence. Since leaving the firm in 2013—after 23 years as chairman–he has gone on to consult with law firms looking to improve their business and service models, sit on the board of LegalZoom and run for the U.S. House of Representatives as a Democrat from West Virginia in 2018. In this episode, he speaks with the ABA Journal’s Jason Tashea about where the profession has been and where he thinks it’s headed.

Special thanks to our sponsor, Answer1 and Thomson Reuters Westlaw Edge.

Jan 16, 2019
ABA Journal: Modern Law Library : How introverted lawyers can harness their traits for success
30:48

“Fake it ‘till you make it.” For Heidi K. Brown, trying to mimic her extroverted peers in litigation always felt forced. She pushed through law school and nearly two decades of practice acting the outgoing attorney before accepting her quiet, thoughtful self. Brown wrote her book—The Introverted Lawyer: A Seven-Step Journey Toward Authentically Empowered Advocacy—with introverted, shy and socially anxious lawyers and law students in mind. In this episode of the Modern Law Library, ABA Publishing’s Ashley Alfirevic speaks to Brown about honoring yourself, affirming what’s true and embracing the blush.

Jan 09, 2019
ABA Journal: Asked and Answered : Creating Order: Lifestyle tips for disorganized lawyers
25:00

Do you have a New Year's resolution to finally get your home and office in order? In this episode, professional organizer Janet Taylor speaks with the ABA Journal's Stephanie Francis Ward to share tips and tricks for finally conquering mounds of paperwork and constantly losing house keys.

Jan 03, 2019
ABA Journal: Modern Law Library : How to avoid burnout and be “The Best Lawyer You Can Be”
27:19

A new year, a new you? Stewart Levine has spent over three decades speaking to legal professionals after suffering from burnout as a lawyer himself. His new book—The Best Lawyer You Can Be: A Guide to Physical, Mental, Emotional, and Spiritual Wellness—combines personal experiences and impactful essays from industry leaders, meant to inspire far beyond January’s best intentions. In this episode of the Modern Law Library, ABA Publishing’s Ashley Alfirevic speaks to Levine about how to engage in self-reflection, and how to implement more positive habits, self-care and collaboration into the often-stressful lawyer lifestyle.

Dec 19, 2018
ABA Journal: Legal Rebels : Young lawyers can be technophobes too
18:02

Many lawyers are reluctant to new adopt legal technology, says Monica Goyal, who developed platforms including My Legal Briefcase, which helps parties in the Canadian small claims courts, and Aluvion Law, which uses automation to cut legal services costs for small businesses. "We think young lawyers are on Facebook, Twitter, they're using computers, and that somehow they will be more willing to try and experiment with new technology. I've found that's not the case," Goyal tells the ABA Journal's Stephanie Francis Ward in this episode of the Legal Rebels Podcast.

Special thanks to our sponsor, Answer1 and Thomson Reuters Westlaw Edge.

Dec 12, 2018
ABA Journal: Modern Law Library : 3 trial court judges share the tough cases that stuck with them
39:14

All judges have cases that stick with them and linger in their memories. Sometimes it was because of the high profile of the case, and sometimes an obscure case had personal resonance because of the people or issues involved. In this episode of the Modern Law Library, the ABA Journal’s Lee Rawles speaks with Judges Russell F. Canan, Gregory E. Mize and Frederick H. Weisberg, who all sit on the Superior Court of the District of Columbia. The three judges were contributors to and the editors of “Tough Cases: Judges Tell the Stories of Some of the Hardest Decisions They’ve Ever Made.” Canan, Mize and Weisberg share their own stories, including why Canan’s well-meant gesture to avert an injustice in a gun case still troubles him. Mize explains why a child-custody case haunted him for decades, and what happened when he tracked down the now-grown child as he was deciding whether to write about it for “Tough Cases.” Weisberg talks about dealing with the emotional fallout from overseeing a case where a mother had murdered her four children.

Dec 05, 2018
ABA Journal: Asked and Answered : Good Conduct: Confronting confusion in the wake of #MeToo
20:35

In the wake of the #MeToo movement, many have said that they no longer know how to behave in a work environment–but employment law expert Gerald Pauling doesn’t buy that. The Seyfarth Shaw partner tells the ABA Journal’s Stephanie Francis Ward that in his experience providing training to supervisors, managers and rank-and-file workers, “I almost never encounter situations where trainees or participants in training are unable to identify the lines between appropriate and inappropriate behavior. Literally almost never.” So what should law firms and lawyers be keeping in mind in an era of greater accountability? In this episode, Pauling discusses the importance of context and non-verbal cues, and how firms can protect themselves from liability and their employees from experiencing harassment.

Nov 26, 2018
ABA Journal: Modern Law Library : How this lawyer turned a love for sports into his career
26:45

After navigating the ups and downs of being an agent, Darren Heitner pursued another avenue that combined his love of negotiation and athletics: sports law. With his wealth of expertise and his deep knowledge of this niche practice area, Heitner packed his book—How to Play the Game: What Every Sports Attorney Needs to Know—full of real-life case studies and insights into the inner working of the games people love to watch. In this episode of the ABA Journal’s Modern Law Library, ABA Publishing’s Bryan Kay speaks to Heitner about the latest edition of his book, how to pursue a career in sports law and some of today’s hot topics in college and professional athletics.

Nov 20, 2018
ABA Journal: Legal Rebels : Make room for chatbots at your firm, LawDroid founder says
17:27

Chatbots have a place in a law office because they can handle busy work that eats up precious time in a lawyer’s day, says LawDroid founder Tom Martin in this episode of the ABA Journal’s Legal Rebels Podcast. By wiping out such mundane tasks, it frees up time for meaningful human interactions between lawyer and client that no machine can master, he tells host Angela Morris.

Special thanks to our sponsor, Answer1 and Thomson Reuters Westlaw Edge.

Nov 14, 2018
ABA Journal: Modern Law Library : Ken Starr shares his side of the Clinton investigation in 'Contempt'
33:23

Ken Starr has been a D.C. Circuit Court judge, a law school dean and the U.S. solicitor general. But he is best known for his work in the Office of the Independent Counsel and the report that came to colloquially bear his name: the Starr Report, which unveiled the salacious details of President Bill Clinton's affair with former White House intern Monica Lewinsky. Twenty years after President Clinton's impeachment by the U.S. House of Representatives, Starr has written "Contempt: A Memoir of the Clinton Investigation." Starr spoke with the ABA Journal's Lee Rawles in late October about how he came to run the OIC; what the Whitewater scandal was really about; how he thinks we should evaluate conspiracy theories; and what impact being the focus of massive media coverage has had on his ideas about the importance of a free press. He also shares his thoughts on Justice Brett Kavanaugh, who served under him in the OIC, and why he advocated for an end to the Office of the Independent Counsel.

Nov 07, 2018
ABA Journal: Asked and Answered : Convincing clients you’re worth the cost
24:31

If a client can’t or won’t pay your retainer, he or she is not worth a discount, Janice Brown tells the ABA Journal’s Stephanie Francis Ward in this episode of Asked and Answered. But there are ways to explain your true value to a potential client who balks at the cost. Brown, who is the founding partner of the litigation firm Brown Law Group, advises confidence when speaking with a potential client, and gives listeners tips drawn from her own experience explaining legal fees and retainers.

Oct 29, 2018
ABA Journal: Modern Law Library : How to stop worrying and learn to love data-driven law
19:19

Data informs, and in some cases controls, every aspect of modern life. Well, almost every aspect. “If you look at finance or medicine or sports, almost every other thing in the world is using data to make better decisions,” says Ed Walters. “Everything except law.” In this episode of the Modern Law Library, the ABA Journal’s Jason Tashea speaks with Walters, editor of “Data-Driven Law: Data Analytics and the New Legal Services.” The book is a collection of articles by data scientists, lawyers and technologists on a breadth of topics, including data mining, the accuracy of technology-assisted review in e-discovery and quantifying the quality of legal services.

Oct 24, 2018
ABA Journal: Legal Rebels : Could 80 percent of cases be resolved through online dispute resolution?
23:01

Perhaps in five to seven years, as Colin Rule sees it, half of U.S. citizens who file court cases will have access to online dispute resolution software walking them step by step through their matters, resolving up to 80 percent of cases. Rule, a nonlawyer mediator, is vice president for online dispute resolution at Tyler Technologies. In this episode of the ABA Journal’s Legal Rebels Podcast, Rule speaks with Angela Morris about the possibilities–and pitfalls–for this technology.

Special thanks to our sponsor, Answer1.

Oct 17, 2018
ABA Journal: Modern Law Library : We need to talk about abortion, says author of 'Scarlet A'
34:33

Three in 10 American women who are 45 or older have had an abortion, Katie Watson, author of “Scarlet A: The Ethics, Law & Politics of Ordinary Abortion,” tells the ABA Journal’s Lee Rawles. For women 44 and younger, one in four are projected to have an abortion in their lifetime. Yet for all the fiery rhetoric about the legality of abortion, Watson–who teaches bioethics, medical humanities and constitutional law at Northwestern University's Feinberg School of Medicine–has found a reluctance by people to discuss their own personal experiences with abortion, or even the nuances of their views on its ethics. While the overwhelming majority of people feel comfortable claiming the labels of either “pro-life” or “pro-choice,” when she polls people about the legality and the morality of abortion at different stages of development, there’s a lot more nuance than those binary labels suggest. In this episode of the Modern Law Library, Watson talks about ways to have productive discussions about abortion; the emerging areas of contention which could be coming before the Supreme Court; and why she thinks that doctors have been shouldering a disproportionate burden in advocating for reproductive rights and abortion access.

Oct 10, 2018
ABA Journal: Asked and Answered : Election Protection: How lawyers can help uphold voters’ rights this November
20:07

Want to protect democracy and ensure voters’ rights? If you are looking to ways to volunteer during the midterm elections, there are opportunities available, especially for attorneys. In this episode of the ABA Journal’s Asked & Answered, Stephanie Francis Ward speaks with Marsha Johnson-Blanco, co-director of the Voting Rights Project for the Lawyers’ Committee for Civil Rights Under Law, about how attorneys can help on Nov. 6. Lawyers are needed to answer hotline calls in a variety of cities, answering questions at polling places and filing emergency motions. The Lawyers’ Committee for Civil Rights Under Law is hoping to have about 4,000 volunteers for the midterm elections, which are expected to be incredibly hard fought. Training can be done online or in person, and volunteer work the day of the election usually takes as little as three hours. There is still time to sign up as a volunteer and complete the training program at: https://lawyerscommittee.org/election-protection-volunteer/

Sep 24, 2018
ABA Journal: Modern Law Library : How to be (sort of) happy in law school
27:42

Law school can be a lonely, stressful time, and it’s easy to feel like you're failing to fit the model of the perfect law student. But there’s no one right way to go to law school, says Professor Kathryne M. Young, author of How to Be Sort of Happy in Law School; you can craft your own experience. In this episode of the Modern Law Library, Young talks with the ABA Journal's Lee Rawles about tackling imposter syndrome; advice that alumni wish they could give their younger selves; and techniques for getting along with your fellow students. Young uses lessons from her own law school experience and a sociological study she conducted to give practical tips for keeping a mental balance; choosing which courses and activities to pursue; managing the practical aspects of your household and budget; forming relationships with mentors and peers–and even deciding when if it's time to leave law school altogether. Young’s book offers a holistic approach to surviving–and thriving–under the social, academic and economic pressures of law school.

Sep 19, 2018
ABA Journal: Legal Rebels : Legal writing pro is helping teach AI to draft contracts
17:22

Ken Adams has brought his contract expertise to LegalSifter, a Pittsburgh artificial intelligence startup. The 2009 Legal Rebel and author of “A Manual of Style for Contract Drafting” sat down to discuss his new venture with the ABA Journal’s Jason Taschea. Adams says LegalSifter is a system built with human expertise to address the fact that many customers are doing the same tasks when dealing with contracts. It’s a system that will excel at flagging issues that keep coming up, and he thinks the technology will be sophisticated enough to flag the issues for any one user.

Special thanks to our sponsor, Answer1.

Sep 12, 2018
ABA Journal: Asked and Answered : Halting the Hover: Dealing with helicopter parents in law school
21:27

As an associate dean of the University of Houston Law Center, Sondra Tennessee has witnessed her share of helicopter parents. She’s seen parents ask law schools to switch their child’s professor, because they didn’t think he or she was a good fit. She’s seen them try to get an extended finals date, without their child knowing that they contacted the school.  She’s also heard of parents contacting potential employers for law students to get more detail about offered benefits packages. As the academic year begins, Tennessee shares her advice with the ABA Journal’s Asked and Answered on how students, parents and school administrators can halt the hover and foster students’ independence and success.

Aug 27, 2018
ABA Journal: Modern Law Library : Can you become a better lawyer in 5 minutes a day? This author thinks so
16:36

Many people promote a daily practice of meditation, spiritual contemplation and mindfulness as a way to improve your personal life and wellbeing. Attorney Jeremy Richter argues that creating a similar daily ritual to focus on developing your professional skills can be just as helpful to your clients, career and your law practice. In this episode of the Modern Law Library, the ABA Journal’s Lee Rawles speaks with Richter, author of the new book “Building a Better Law Practice: Become a Better Lawyer in Five Minutes a Day.” The book is structured to provide a daily reading on personal and professional development over a seven-week time period. Richter discusses why he decided to channel energy into blogging during the early years of his practice as an insurance litigator, and shares some lessons from that time that became inspirations for the book.

Aug 22, 2018
ABA Journal: Legal Rebels : Legal services innovator moves on to app development
10:08

It’s too easy for attorneys to be aware that something isn’t perfect in their practices and accept the situation instead of pushing back. So says longtime legal innovator Nicole Bradick. “What it’s all about is identifying something not working as well as it should be and thinking of possible solutions,” says Bradick, who in January launched a legal technology company, Theory and Principle, that aims to do just that: “Ask why is this happening, and are there any changes we can make to fix the problem?”

Special thanks to our sponsor, Answer1.

Aug 15, 2018
ABA Journal: Asked and Answered : Mounting a defense: Security expert shares tips on avoiding violence
26:12

One of many lawyers’ worst fears is that a client, opposing party or even a random stranger may try to physically hurt them, often for nothing more than the attorney doing his or her job. In this episode of the ABA Journal's Asked and Answered, Stephanie Francis Ward speaks with Ty Smith, a retired Navy SEAL who founded Vigilance Risk Solutions Inc., a security consulting business that focuses on workplace violence prevention.

Jul 30, 2018
ABA Journal: Modern Law Library : What would it mean to impeach a president?
28:42

The authority to impeach and remove a U.S. president is one of the legislative branch's most powerful weapons. But in the country's history, despite many periods of open hostility between Congress and the executive branch, no president has been removed from office through the impeachment procedure. Why is that? In this episode of the Modern Law Library, constitutional litigator Joshua Matz discusses "To End a Presidency: The Power of Impeachment," a book he co-wrote with Laurence Tribe. Matz explains the debates the founders had over including impeachment in the Constitution; some of the lesser-known 19th-century impeachment controversies; and why he believes that the partisan use of impeachment rhetoric over the past 40 years has not been positive for U.S. democracy.

Jul 25, 2018
ABA Journal: Legal Rebels : Entrepreneur Amy Porter’s theme is finding what lawyers need
14:10

When Amy Porter founded the online payment platform AffiniPay, she drew on her experience as a college athlete—cheerleading while majoring in merchandising at the University of Texas at Austin—which led to work as a sales representative with Varsity Brands, an athletic clothing company. Her businesses now include LawPay, an online payment platform for attorneys, and CPACharge, which she developed after discovering accountants were using LawPay for online payments.

Special thanks to our sponsor, Answer1.

Jul 18, 2018
ABA Journal: Asked and Answered : Lived & Learned: Difficult conversations can save relationships, says Michele Coleman Mayes
22:06

When approaching a difficult conversation at work, reframe it in your mind as a discussion that can help improve your relationship with someone, says Michele Coleman Mayes in this episode of the Asked and Answered: Lived and Learned series. “You have to work harder to listen to someone you’d rather not hear talk,” says Mayes, vice president and general counsel with the New York Public Library. You may need to have multiple difficult conversations for a situation to improve, she says, but as you repeatedly speak with the person, you can learn what sort of communication works best for him or her.

Jun 25, 2018
ABA Journal: Asked and Answered : Lived & Learned: Present as your true self, says Mia Yamamoto
14:13

U.S. Army veteran and criminal defense lawyer Mia Yamamoto decided to publicly transition genders when she turned 60. Being her authentic self was so important that she told herself, "I don't care if someone shoots me the day after I transition. I'm going to transition. I'm going to die as a woman." In this episode of the Asked and Answered: Lived and Learned series, Yamamoto discusses the importance of fighting for those who come after you, and of advocating for yourself. She describes her fears about how her transition would impact her career and her clients, and the "astonishing" response she's received.

Jun 25, 2018
ABA Journal: Asked and Answered : Lived & Learned: Ask for help when you have an ethics quandary, says Lucian Pera
21:48

If you’re working on a client matter and get even the slightest sense that something you’re doing may cause problems down the road, ask another lawyer about it, says Lucian Pera, a Memphis partner at Adams & Reese who frequently advises attorneys on professional responsibility rules. In this episode of the Asked and Answered: Lived and Learned series, Pera says that he's learned that everyone, including lawyers, can use an outside perspective when they have an uneasy feeling about a work situation.

Jun 25, 2018
ABA Journal: Asked and Answered : Lived & Learned: Ask those in power to fulfill their obligations, says Cruz Reynoso
10:12

There are some issues that people with opposing views may never agree on, particularly when one group has significantly more power than the other. But sometimes when an issue is brought to authority figures’ attention, they can be convinced to do the right thing, says Cruz Reynoso, a former California state supreme court justice. In this episode of the Asked and Answered: Lived and Learned series, Reynoso discusses how his father's philosophy as a farmworker inspired him as a labor rights advocate and attorney to always fulfill his own obligations, and to ask those in power to fulfill theirs as well.

Jun 25, 2018
ABA Journal: Asked and Answered : Lived & Learned: Laughter belongs in your work life, says Bobbi Liebenberg
14:01

When her career was getting started in the 1970s, a partner interviewing Roberta “Bobbi” Liebenberg for an associate position asked if she would cry when things went south in court. "Why, do you want me to?" quipped Liebenberg. In this episode of the Asked and Answered: Lived and Learned series, Liebenberg says that in her career as one of the few women appointed as lead counsel for plaintiffs in multidistrict litigation, she's learned that laughter has a place in the workplace. Humor plays a significant role in diffusing the tension that come with practicing law, says Liebenberg, now a senior partner at Fine Kaplan and Black in Philadelphia. But it’s something many law firms overlook, even though it can lead to a more collegial work environment and help with attorney retention.

Jun 25, 2018
ABA Journal: Asked and Answered : International etiquette: Minding your manners when practicing abroad
27:26

You may be confident of your ability to act with courtesy and professionalism in your home country. But with the array of cultural differences, social mores and business traditions you may encounter while traveling, how can you be sure you’re not offending clients and alienating foreign judges and arbiters? In this episode of Asked and Answered, the ABA Journal’s Stephanie Francis Ward speaks with Terri Morrison, etiquette expert and author of “Kiss, Bow, or Shake Hands: Courtrooms and Corporate Counsels,” which is scheduled to be released this summer.

Jun 25, 2018
ABA Journal: Asked and Answered : Lived & Learned: Set your own expectations, says Andrés Gallegos
10:45

A veteran who graduated from law school following a 14-year career with the U.S. Air Force, Andrés Gallegos was married with a young family when an auto accident resulted in him having quadriplegia. In this episode of the Asked and Answered: Lived and Learned series, Gallegos says he learned never to let anyone else's perception of his capabilities limit him in achieving his dreams. Gallegos, now a shareholder with Chicago's Robbins, Salomon & Patt, is a healthcare attorney and a disability rights advocate.

Jun 25, 2018
ABA Journal: Modern Law Library : Meet the nominees for the 2018 Harper Lee Prize for Legal Fiction
58:28

Lisa Scottoline, C.E. Tobisman and Scott Turow have at least three things in common: They’re all novelists, attorneys and nominees for this year’s Harper Lee Prize for Legal Fiction. In this special episode, the ABA Journal’s Lee Rawles speaks with all three authors about their nominated books, their creative processes, and the role they believe lawyers play in society. To cast a vote for one of the three authors to win, go to http://www.abajournal.com/polls/HarperLeePrize2018 before midnight on June 30.

Jun 20, 2018
ABA Journal: Legal Rebels : Tech is not the only answer to legal aid issues, Joyce Raby says
32:40

Since the late 1990s, Joyce Raby has spent a career bringing technology to legal aid. While a booster and believer in technology’s potential to improve America’s legal system, her experience is tempering. “We’ve been saying for a very long time that technology was going to be the saving grace for the justice ecosystem,” she says. “I don’t think it is.” Having worked with the Legal Services Corp. and the Washington State Bar Association, she continues her legal technology trajectory as executive director of the Florida Justice Technology Center.

Jun 13, 2018
ABA Journal: Asked and Answered : Attending the ABA Annual Meeting? Here’s a sneak peek
16:48

This August, lawyers from around the country will come to Chicago for the ABA Annual Meeting. Wondering whether to make the trip yourself? In this special bonus episode of Asked and Answered, we’re joined by ABA President Hilarie Bass and Marty Balogh of the Meetings and Travel Department to discuss the new offerings, event highlights and local attractions attendees should be sure to check out in the ABA’s hometown from Aug. 2-7.

Jun 11, 2018
ABA Journal: Modern Law Library : How Anthony Comstock's anti-obscenity crusade changed American law
44:50

From 1873 until his death in 1915, Anthony Comstock was the most powerful shaper of American censorship and obscenity laws. Although he was neither an attorney nor an elected official, Comstock used an appointed position as a special agent of the U.S. Post Office Department and legislation known as the Comstock Laws to order the arrests and prosecutions of hundreds of artists, publishers, doctors and anyone else he felt was promoting vice. For decades, Comstock was the sole arbiter and definer in the United States of what was obscene–and his definition was expansive. In Lust on Trial: Censorship and the Rise of American Obscenity in the Age of Anthony Comstock, author Amy Werbel explains how Comstock’s religious fervor and backing by wealthy New York society members led to a raft of harsh federal and state censorship laws–and how the backlash to Comstock’s actions helped create a new civil liberties movement among defense lawyers.

Jun 06, 2018
ABA Journal: Asked and Answered : Quest for Perfection: Brian Cuban talks about lawyers and body image
21:08

Lawyers' mental health has been a topic of increasing discussion and awareness, combined with efforts to help lawyers deal with anxiety, depression and addiction issues. But an aspect of mental health that is sometimes overlooked is body image, and the consequences of body dysmorphia and eating disorders. In this episode of Asked and Answered, the ABA Journal's Stephanie Francis Ward speaks with lawyer Brian Cuban about his decades long struggle with body dysmorphic disorder, and how he learned to address it. Cuban is the author of "Shattered Image: My Triumph Over Body Dysmorphic Disorder," a memoir about his recovery.

May 30, 2018
ABA Journal: Modern Law Library : How Nixon used a law firm stint to resurrect his political career and win the presidency
33:26

After losing both the 1960 presidential election and the 1962 California governor’s race, Richard Milhouse Nixon vowed at a press conference, “You won’t have Nixon to kick around anymore” and seemed to have written the epitaph to his political career. He left for New York and became a partner in a white shoe law firm. Yet six years later, he would win the White House, in no small part because of that firm. In this episode of the Modern Law Library, Victor Li explains how Nixon leveraged his time at Nixon, Mudge, Rose, Guthrie & Alexander to resurrect both his political viability and the firm’s financial standing. He discusses his new book, “Nixon in New York: How Wall Street Helped Richard Nixon Win the White House,” and shares what it was like to have Nixon as a law partner, from piano/clarinet jam sessions to landing a huge client by getting Khrushchev to drink a Pepsi.

May 23, 2018
ABA Journal: Legal Rebels : From paper to digital documents, Judge Andrew Peck traveled (and set) the discovery trail
20:14

As electronic data became more prevalent in the 1990s, Judge Andrew Peck, an ABA Journal Legal Rebels Trailblazer, wrote a line that would be quoted by judges and lawyers for generations to come. “It is black-letter law that computerized data is discoverable if relevant,” he wrote in Anti-Monopoly Inc. v. Hasbro Inc. It was one of Peck’s earliest decisions from the bench. In this episode of the Legal Rebels Podcast, Peck discusses his career and the technological changes he experienced with the ABA Journal’s Victor Li.

May 16, 2018
ABA Journal: Modern Law Library : How can we fight to reduce bias? 6th Circuit judge shares her thoughts
21:14

Studies have shown that implicit bias is something that affects everyone to some degree. So what steps can legal professionals at all ranks take to make the justice system fairer and more equitable? In this episode of the Modern Law Library, the ABA Journal’s Lee Rawles speaks with Judge Bernice Donald of the Cincinnati-based 6th U.S. Circuit Court of Appeals and Prof. Sarah E. Redfield about Enhancing Justice: Reducing Bias, a book which Redfield edited and Donald contributed to. They discuss the latest research on bias, and give concrete tips for managing it.

May 10, 2018
ABA Journal: Asked and Answered : Where are the jobs for the class of 2018?
31:59

Newly minted law grads will soon be entering the job market, but where are they most likely to find employment? In this episode of Asked and Answered, the ABA Journal's Stephanie Francis Ward speaks with Valerie Fontaine, founding partner of the legal search firm SeltzerFontaine, about which in-demand areas of law have open job positions–and how law grads can secure them.

Apr 30, 2018
ABA Journal: Modern Law Library : How broken windows policing changed the legal landscape in ‘Misdemeanorland’How broken windows policing changed the legal landscape in ‘Misdemeanorland’
36:56

As violent crime in New York City peaked from 1988-1991, policy makers were desperate for ways to combat and prevent it. In 1994, a new theory was embraced by the NYPD: that by controlling low-level “quality-of-life” violations like vandalism, noise complaints, traffic violations and aggressive panhandling, the police would ward off violent crime and more serious property crimes. Violent crime numbers had already begun to dip, but now misdemeanor arrests shot up, pulling in tens of thousands of people with no prior criminal record. In this episode of the Modern Law Library, Prof. Issa Kohler-Hausmann explains to the ABA Journal’s Lee Rawles the impact this change in tactics had for New York City police, courts and residents, and discusses her new book, “Misdemeanorland: Criminal Courts and Social Control in an Age of Broken Windows Policing.”

Apr 25, 2018
ABA Journal: Modern Law Library : Roe v. Wade had a broader impact than the public realizes, says author of 'Beyond Abortion'
26:59

In the 45 years since Roe v. Wade was decided, it has been a focal point for both anti-abortion and pro-abortion rights groups. But the opinion in the 1973 case has also been used by activists of liberal, libertarian and conservative ideologies to develop privacy arguments for issues ranging from access to experimental drugs to euthanasia to personal data security to sex worker rights. In this episode of the Modern Law Library, the ABA Journal's Lee Rawles speaks with Mary Ziegler, author of the new book Beyond Abortion: Roe v. Wade and the Battle for Privacy. Ziegler discusses what Roe v. Wade's legacy has been, and how it advanced–or failed to advance–Americans' right to privacy.

Apr 11, 2018
ABA Journal: Legal Rebels : Outgoing Adobe GC witnessed changes that digitization, globalization wrought
23:29

Mike Dillon has seen a lot change over his career as general counsel to some of the nation’s largest technology companies. Working for Silver Spring Networks, Sun Microsystems and, most recently, Adobe Systems, he witnessed firsthand how digitization and globalization affected the operation and practice of a general counsel’s office. In this episode of the Legal Rebels podcast, he speaks with the ABA Journal's Jason Taschea about his work.

Special thanks to our sponsor, Answer1.

Apr 04, 2018
ABA Journal: Asked and Answered : How firms can encourage mental, emotional and physical fitness
22:03
Wellness is not just about eating health food and exercising, Jolene Park tells the ABA Journal’s Stephanie Francis Ward in this episode of Asked Answered. It’s also getting enough time to relax, getting enough sleep and not being stressed out about your job or finances–and employers can play a big role in all of those things.
Park is the founder of Healthy Discoveries, a corporate wellness company. She says that something to consider when creating employee wellness programs is that people respond more positively when their actions make them feel better, as opposed to when they’re scared into eating better or working out more. A big part of wellness is being kind to yourself, and managers can go a long way in helping the people they supervise recognize that people need to recharge; everything is not always going to be perfect; and making a mistake is not the end of the world.
Mar 26, 2018
ABA Journal: Modern Law Library : Uncovering the secret history of how corporations gained their civil rights
23:01

When we think of civil rights movements, the first to spring to mind might be the battles against African-American segregation or for women's suffrage. But one of the longest, most successful–and least-known–of these movements in America has been made on behalf of corporations. In this episode of the Modern Law Library, Prof. Adam Winkler, author of We the Corporations: How American Businesses Won Their Civil Rights, shares what he learned from his investigation into how corporations have achieved constitutional protections ranging from the right to sue and be sued, to individual rights like religious liberty protections and freedom of speech.

Mar 21, 2018
ABA Journal: Legal Rebels : Longtime legal tech leader Richard Granat finds a new challenge
23:18

Richard Granat–the creator of MyLawyer.com, SmartLegalForms and the People’s Law Library of Maryland–has joined Intraspexion, a new artificial-intelligence software company, as a strategic adviser. At 75, Richard Granat does not fit the stereotype of a startup entrepreneur. However, he says, although there may be bias against older entrepreneurs, his experience is a benefit, not a detraction.

Mar 14, 2018
ABA Journal: Modern Law Library : Dark tale of 'The Cadaver King and the Country Dentist' brings wrongful convictions to light
28:59

For nearly two decades, Dr. Steven Hayne and Dr. Michael West were the go-to experts that Mississippi law enforcement and prosecutors relied on when there was a potential homicide. Haynes performed the bulk of the autopsies in the state, while West was a dentist who touted his skill in bite-mark analysis. But after years of investigations and countless testimonies from the men, their claims of expertise began to fall apart–and wrongful convictions began coming to light.
In The Cadaver King and the Country Dentist: A True Story of Injustice in the American South, authors Radley Balko and Tucker Carrington lay out how the state’s legal system aided and abetted the use of flawed forensic evidence; how systemic racism influenced Mississippi’s coroner system; and the stories of some of the innocent people whose lives were derailed. Carrington, the founding director of the Mississippi Innocence Project and Clinic at the University of Mississippi School of Law, joins the ABA Journal’s Lee Rawles for this episode of the Modern Law Library.

Mar 07, 2018
ABA Journal: Asked and Answered : How to turn tech savvy into a fulfilling legal career
17:25

You love technology, you love the law, and you want a career that combines the two. But what kinds of legal tech jobs will be the most in-demand, and how can you get them?

E-discovery and privacy law should be two areas that legal tech jobseekers look into, Shannon Capone Kirk tells the ABA Journal's Stephanie Francis Ward in this episode of Asked and Answered.

Kirk, who is e-discovery counsel at Ropes & Gray, first got her start as an associate after being assigned a case with a warehouse full of digital tapes to be analyzed, she tells Ward. Within a few years, she'd started her own e-discovery practice.

Feb 26, 2018
ABA Journal: Modern Law Library : A stalled elevator leads to love in lawyer's best-selling romance novel
19:37

Being trapped on an elevator leads to romance for the hero and heroine in The Wedding Date, written by attorney Jasmine Guillory. When a pediatric surgeon impulsively asks the mayor's chief of staff to be his date to his ex-girlfriend's wedding that weekend, sparks fly. But can the two make a long-distance relationship work? In this episode of the Modern Law Library, Guillory tells the ABA Journal's Lee Rawles that writing served as a stress release from her legal work and functioned as her creative outlet. She discusses the challenges of representation for women of color in the romance industry, and the issues she had to consider when writing about an interracial couple falling in love. Guillory also shares how her background in legal aid helped inspire a subplot of the book, as the heroine tries to win funding for a diversionary program for at-risk teens.

Feb 21, 2018
ABA Journal: Legal Rebels : Mary Juetten hopes legal software can help improve access-to-justice problems
06:16

What will be a big legal trend for 2018? Mary E. Juetten is putting her hopes on legal technology improving access-to-justice problems.

Feb 14, 2018
ABA Journal: Modern Law Library : Teamsters lawyer pens children’s book to show importance of the labor movement
16:07
As general counsel for the Teamsters Union Local 810, Mark Torres spends his days arguing for workers' rights. But another of his passions is writing; he published his debut crime novel in 2015. So when he was approached by Hard Ball Press to write a bilingual children's book explaining the importance of labor unions in ways that kids could connect with, Torres agreed.
In this episode of the Modern Law Library, he shares with the ABA Journal's Lee Rawles what the process of writing the children's book “Good Guy Jake” was like, why he feels it's necessary for kids to learn about the modern labor movement and how the book has been received by kids and Teamsters alike.
Feb 07, 2018
ABA Journal: Asked and Answered : Loving life as a lawyer: How to maintain joy in your work
22:58

Do you dread going to work? If so, maybe it's time to look at the other ways you can flex your legal skills, says Nancy Levit, co-author of The Happy Lawyer: Making a Good Life in the Law.

There are many types of jobs for lawyers, and sometimes what you thought you wanted to do doesn’t work out, Levit tells the ABA Journal's Stephanie Francis Ward in this episode of Asked and Answered. She shares tips on how to find the work you want to do, and how to find joy in the work you're already doing.law lawyer legal podcast attorney practice

Jan 29, 2018
ABA Journal: Modern Law Library : Bryan Garner reflects on his friendship with Justice Antonin Scalia in ‘Nino and Me’
36:18

To Bryan Garner, editor in chief of Black’s Law Dictionary, Justice Antonin Scalia was a friend, a mentor, a collaborator and a fellow lover of words. In the wake of Scalia’s death on Feb. 13, 2016, Garner reflected back over their relationship, from their first brief introduction in 1988 to the trip they took to Asia together in the last weeks of Scalia’s life. In this episode of the Modern Law Library, Garner speaks with the ABA Journal’s Lee Rawles about what gave him the confidence to ask a sitting Supreme Court justice to co-author two books; the four style issues he and Scalia were never able to agree on; and what it was like to write his first memoir.

Jan 17, 2018
ABA Journal: Legal Rebels : Robert Litt has been out front on online threats for decades
29:45

Robert Litt has confronted cybersecurity and encryption issues for two presidential administrations. With Russian interference in the 2016 election as a backdrop, Litt, an ABA Journal Legal Rebels Trailblazer, says the U.S. has been facing online threats essentially since the internet's creation.

Jan 10, 2018
ABA Journal: Asked and Answered : You’re in a pickle. Can a lawyer assistance program help?
27:44

Confronting someone about a substance abuse problem--or owning that you have one--is not easy, but lawyers assistance programs can help.  Usually referred to as LAPs and offered by attorney regulation agencies, the programs guarantee confidentiality when attorneys reach out to them.  And if an attorney has committed an actionable offense, entering recovery before it comes to light and being able to show commitment to getting better can be a mitigating factor if he or she faces disciplinary charges. In this episode of Asked & Answered, the ABA Journal’s Stephanie Francis Ward speaks to Bree Buchanan about how LAPs work, and how a person can reach out for assistance.

Jan 04, 2018
ABA Journal: Modern Law Library : How a Quaker’s suit against the Secretary of Defense still impacts cases over government surveillance
24:32

You have reason to believe you’re being monitored by the government, that they are following you and cataloging everywhere you go and everyone you talk to. The knowledge haunts you, and has a chilling effect on everything you do. But can you sue to stop it? In this month’s episode, the ABA Journal’s Lee Rawles speaks with Jeffrey Vagle about his new book, Being Watched: Legal Challenges to Government Surveillance about the current challenges to government surveillance, and a seminal Supreme Court case in 1972 whose effects are still being felt today. Vagle tells the story of Arlo Tatum, a Quaker and anti-war activist who went to prison twice as a conscientious objector rather than sign up for the WWII and Korean War drafts. When he discovered in 1970 that U.S. military intelligence had been following and gathering intelligence on him, he sued the Secretary of Defense. What happened next has had lingering ramifications.

Jan 03, 2018
ABA Journal: Modern Law Library : Barbie v. Bratz: What happened when toy titans took each other to court
23:27

In this month’s Modern Law Library, we read a thrilling tale of dueling toymakers, corporate espionage and a group of brats taking on the queen of the DreamHouse. Prof. Orly Lobel, author of “You Don’t Own Me: How Mattel v. MGA Entertainment Exposed Barbie’s Dark Side,” speaks to the ABA Journal’s Lee Rawles about how an intellectual property dispute between the maker of Barbie and the creator of Bratz spun into a legal battle that would last more than a decade.

Dec 20, 2017
ABA Journal: Legal Rebels : Trailblazer with a nonlawyer past brings the present and future to law firms
32:51

Adriana Linares considers it a badge of honor to work in the legal profession without being a lawyer. Linares co-founded LawTech Partners with Allan Mackenzie in 2004 after several years in the IT departments of two of the largest firms in Florida. Now she travels across Florida, throughout the country and sometimes abroad as a law practice consultant and legal technology coach. “Lawyers, as far as I’ve ever seen, certainly understand how to research and apply law in a way that helps their clients,” she says. “But where they might need my help is identifying tools and services that will help them with their practice management.”

Dec 13, 2017
ABA Journal: Modern Law Library : Georgetown law prof calls for complete re-imagining of criminal justice system in 'Chokehold'
33:26

As a former federal prosecutor in Washington, D.C., Paul Butler once worked to put people in prison. Now, he has come to believe that prisons should be abolished. In this episode of the Modern Law Library, Butler speaks with the ABA Journal's Lee Rawles about the racial inequities built into the system; his advice for young black men interacting with the police; and his view that radical re-imagining, rather than incremental reform, is the only way to fully address the harm done to civil rights by the criminal justice system.

Dec 06, 2017
ABA Journal: Asked and Answered : Esquire Etiquette: Minding your manners at work
22:09

True etiquette is behaving in a way that makes people feel comfortable, it's not about stuffy rules. But as social norms change, some people have a hard time separating personal from professional behavior. Before your firm's holiday party, it may be time to check in on what is­—and is not—appropriate. In this episode of Asked and Answered, the ABA Journal’s Stephanie Francis Ward speaks with Dr. Sharon Meit Abrahams, director of professional development for Foley Lardner LLP, about common social faux pas lawyers make, and how best to avoid them.

Nov 27, 2017
ABA Journal: Modern Law Library : Will big data tools make policing less biased--or violate people’s rights?
32:55

With resource-strapped police departments facing pressure to avert crime and end racially discriminatory police practices, many are turning to data-driven surveillance technology with the thought that it could be both more objective and more effective. But without transparency into what technology police are using and how the data is gathered, can the public have confidence that these tools will be used responsibly or effectively?

In this episode of the Modern Law Library, the ABA Journal's Lee Rawles speaks with Andrew Guthrie Ferguson, author of The Rise of Big Data Policing: Surveillance, Race, and the Future of Law Enforcement. Ferguson discusses how these tools became popular, how they can be used and misused, how implicit bias can taint results, and the limits of predictive technology. He also shares suggestions for how citizens can have an impact on how data is used to police their community.

Nov 15, 2017
ABA Journal: Legal Rebels : Robert Ambrogi’s blog points lawyers to tech’s opportunities
15:43

Legal journalist and blogger Bob Ambrogi recounts his unorthodox path towards legal journalism, as well as where he sees the legal industry heading – especially as it relates to technology.

Nov 08, 2017
ABA Journal: Asked and Answered : Should I stay or should I go? When partners should make a lateral move
30:22

Switching law firms doesn’t only cause partner anxiety, it’s hard on clients too. Lawyers need to really evaluate whether a move will best serve the people and businesses they represent. In this month’s Asked and Answered, the ABA Journal’s Stephanie Francis Ward speaks with Karen Kaplowitz, a former BigLaw rainmaker who now leads a business-development consulting firm. Much of her work centers on working with partners after a firm merger, and in this podcast, she shares tips about how they can best serve clients after a move or figure out ways to make a place for themselves at a new firm if their book of business is small.

Special thanks to our sponsors Amicus Attorney.

Oct 23, 2017
ABA Journal: Legal Rebels : Bruce MacEwen diagnoses and prescribes for law practice ills
33:01

Bruce MacEwen is both a doctor and an epidemiologist in the world of BigLaw firms. A Legal Rebels Trailblazer, the Adam Smith, Esq. founder can diagnose structural illnesses, including aspects of the partner-as-owner model, and he can point to unhealthy customs and practices, such as when aversion to failure becomes its cause. He also can give advice and guidance for getting better and surviving or, in some instances, provide a dispassionately detailed autopsy.

Oct 11, 2017
ABA Journal: Modern Law Library : What can we learn from the history of interracial relationships in America?
34:23

Fifty years ago, the U.S. Supreme Court struck down laws against interracial marriage in Loving v. Virginia. But Richard and Mildred Loving were not the first American couple to love across race boundaries. The history of what we would now consider interracial relationships in America extends back to the first European explorations of the continent. In this episode of the Modern Law Library, the ABA Journal's Lee Rawles speaks with Sheryll Cashin, a professor of law at Georgetown University and author of Loving: Interracial Intimacy in America and the Threat to White Supremacy. Cashin discusses how the concept of race was introduced in America; how the doctrine of white supremacy was used as a method to divide slaves and free blacks from indentured servants; how flimsy the rationale for racial classification was; and the stories of some men and women who ignored those barriers and formed relationships anyway. She also shares her thoughts on how a younger generation's "cultural dexterity" could help battle the forces of racism and white supremacy.

Oct 04, 2017
ABA Journal: Asked and Answered : Drowning in debt? Here are some potential lifelines
18:19

Six-figure student loans can be a terrifying burden, and one of the top challenges for many law grads. But even if you’ve fallen in arrears, you still may have options to turn your financial situation around. In this month’s Asked and Answered, the ABA Journal’s Stephanie Francis Ward speaks with Adam Minsky, author of "Student Loan Debt 101." As an attorney with a practice devoted entirely to helping student loan borrowers, Minsky has had many clients who’ve felt hopeless about their financial futures. In this podcast, he shares tips and tricks for managing debt and regaining control of your personal finances.

Sep 25, 2017
ABA Journal: Legal Rebels : John Tredennick of Catalyst took the lead in the ‘80s to bring tech to his law firm
08:31

John Tredennick started a focus on legal technology in 1988—back when law firms saw it as something limited to fancy computers and adding machines. He asked Holland & Hart, the Denver-based firm where he was a partner, to add the words chief information officer to his title. “You need a leader, not just somebody on staff but somebody who understands the bigger vision of the firm—where we fit in the legal landscape and how we can harness technology to get us where we want to be,” Tredennick told partners. “I said, ‘I want to be that leader,’ and they made me the technology partner.”

Sep 13, 2017
ABA Journal: Modern Law Library : How the author of 'The Forgotten Flight' fought to bring justice for terror victims' families
35:50

If you mention a terrorist attack in which a Libyan suitcase bomb brought down an airliner, most people will be quick to remember Pan Am Flight 103, which crashed on Dec. 21, 1988 in Lockerbie, Scotland, killing 270 people. But there is another, similar attack that happened nine months later, on Sept. 19, 1989. When UTA Flight 772 was downed over the Ténéré Desert in Niger, 170 people lost their lives, including seven Americans. Though it is far less known, it was family members of Flight 772 victims who successfully brought suit against the Libyan government in the American court system. Stuart Newberger, author of “The Forgotten Flight: Terrorism, Diplomacy and the Pursuit of Justice,” represented the families in their court case against the Libyan government. He speaks with the ABA Journal’s Lee Rawles about the incredible French investigation into the crash, the years he spent representing the families, and how diplomatic decisions complicated the families’ search for justice and recompense.

Sep 06, 2017
ABA Journal: Asked and Answered : How can lawyers help Hurricane Harvey victims? Disaster response attorneys share tips
26:11

The full scale of the damage from Hurricane Harvey may not be known for weeks or months. But even as the rain is still falling, lawyers in Texas and across the country are mobilizing to meet the legal needs of the people who have been impacted. In this special breaking-news edition of the ABA Journal’s Asked and Answered, Lee Rawles speaks with Saundra Brown of Lone Star Legal Aid, whose Houston office was destroyed Monday. Brown discusses what efforts are already underway, and what kind of legal issues people will be experiencing in the coming months. Rawles also speaks to Andrew VanSingel, the director of the Disaster Legal Services Program for the ABA Young Lawyers Division. VanSingel, who will be traveling to Houston in the next few days, shares the history of the disaster response program, and gives tips for lawyers who want to become involved in relief efforts.

Special thanks to our sponsors Amicus Attorney.

Aug 29, 2017
ABA Journal: Asked and Answered : Seeking equal pay? Here are some strategies
23:52

Studies have shown that salary and compensation at firms can still be markedly higher for white males than attorneys with a different ethnicity or gender. But if you feel you aren't being paid commensurate with your colleagues and with the value you bring to your firm, how should you proceed? In this episode of Asked & Answered, the ABA Journal's Stephanie Francis Ward talks with Jeffrey Lowe of the legal talent management company Major, Lindsey & Africa. Lowe wrote the report on the agency's “2016 Partner Compensation Survey,” and offers insights gleaned from that survey's findings.

Special thanks to our sponsors Amicus Attorney.

Aug 28, 2017
ABA Journal: Asked and Answered : Is Diversity All Talk?
23:56

Diversity at law firms, especially at the higher levels of partnership continues to be a hot topic of discussion. But is that all that it is, a discussion item?

To this day, fewer than 20 percent of equity partners are women and even fewer are lawyers of color. This has been the case for more than a decade even though there are now more women in law school than men.

Molly McDonough, editor of the ABA Journal, spoke about this issue with Subha Barry, of Working Mother Media, Vivia Chen of the Careerist blog, Lynn Charytan and Jeff Smith of Comcast Cable, and law firm partner Hilary Preston of Vinson & Elkins.

Special thanks to our sponsors Amicus Attorney.

Aug 25, 2017
ABA Journal: Legal Rebels : From C-Suite-Type Post to Legal Service Founder, Mills Has Always Been a Leader.
21:57

Michael Mills has been helping law firms figure out their technological needs since before there was an internet. As one of the first of what are now known as chief knowledge officers, Mills played a leading role in educating his fellow lawyers and implementing tools and processes designed to help lawyers do their jobs more effectively. After over two decades in Big Law, Mills decided to stake out on his own, eventually co-founding Neota Logic, a company that allows users to design and create their own tools to fit their needs. Mills talks about his career, as well as what role technology will play in the legal industry going forward.

Aug 16, 2017
ABA Journal: Modern Law Library : First Amendment defender warns of threats to free speech in the ‘fake news’ era
38:24

The rights to free speech and freedom of the press guaranteed in the Bill of Rights. But when it was first passed–and for its first hundred or so years–the First Amendment was not the robust defense we think of today. Legendary civil rights attorney Floyd Abrams joins the ABA Journal’s Lee Rawles to discuss his book “The Soul of the First Amendment” in this episode of the Modern Law Library. Abrams shares how First Amendment jurisprudence changed over time, and what dangers he sees ahead for free speech in the era of fake news and a presidential administration that is hostile to the press.

Aug 03, 2017
ABA Journal: Asked and Answered : ABA president shares a sneak peek into ABA Annual Meeting in NYC
22:26

Have you considered attending the 2017 ABA Annual Meeting in New York City this August? In this special episode of Asked and Answered, the ABA Journal’s Lee Rawles and Molly McDonough hear about what special events and venues await attendees from ABA President Linda Klein and the associate executive director of Meetings and Travel, Marty Balogh. From a CLE lecture given by IBM Watson to a special behind-the-scenes tour of the Lincoln Center, Klein and Balogh share how this year’s meeting will offer entirely new educational and networking opportunities.

Jul 27, 2017
ABA Journal: Asked and Answered : How the radical movements of the 1960s changed the law and challenged the status quo
21:49

In this episode of Asked and Answered, the ABA Journal’s Victor Li speaks with attorney and activist Paul Harris about his work stretching back to the 1960s. Harris, one of the radical “movement lawyers” featured in the cover story for the August issue of the ABA Journal, talks about his work defending high-profile clients like Huey Newton, Leonard McNeil and others. Harris also discusses the current political landscape and what today’s generation of aspiring movement lawyers can learn from their predecessors.

Special thanks to our sponsors Amicus Attorney.

Jul 24, 2017
ABA Journal: Modern Law Library : Merriam-Webster editor shares the 'secret life of dictionaries'
29:11

What do lawyers and lexicographers have in common? The main job of both is to argue over the meaning of words. In this episode of the Modern Law Library, the ABA Journal's Lee Rawles talks with Kory Stamper about her work as a lexicographer and editor for Merriam-Webster; her new book, “Word by Word: The Secret Life of Dictionaries”; and her position as chief defender of the word "irregardless." We explore the difference between the prescriptivists—whose champion, Bryan A. Garner, writes a column for the ABA Journal—and the descriptivists, and why using the dictionary definition of a word should not end all arguments. We also find out what goes on behind the scenes to produce the newest edition of a Merriam-Webster dictionary.

Jul 19, 2017
ABA Journal: Legal Rebels : Susskind sees ‘rosy future’ for law—if it embraces technology
11:50

For more than three decades, Richard Susskind has been one of the profession’s most prolific voices in support of implementing technology with legal services delivery. The author of more than 10 books on the topic, his next one will focus on technology in the courtroom. “A better way of running state-based dispute resolution is largely using technology, rather than using traditional methods,” says Susskind. “Rather than hiring a lawyer, one might instead have an online dialogue with the other party and a judge and resolve a dispute more rapidly.”

Jul 12, 2017
ABA Journal: Modern Law Library : Harper Lee Prize finalists discuss their novels, careers, and the first time they read 'To Kill a Mockingbird'
01:08:40

In this special mega episode of the Modern Law Library, the ABA Journal's Lee Rawles speaks with all three finalists for this year's Harper Lee Prize for Legal Fiction. Jodi Picoult, author of Small Great Things, shares how research for this novel changed her views on race and racism. Graham Moore, author of The Last Days of Night, discusses how he approaches writing historical fiction about real people like Thomas Edison and Nicola Tesla. And James Grippando, author of Gone Again, talks about how he's been able to balance his work as a mystery writer with actively practicing law.

Jul 05, 2017
ABA Journal: Asked and Answered : How to be your own advocate without stepping on toes
33:53

Even trained advocators don’t get everything they want at work. But what are some good strategies for knowing when to accept a manager’s decision, or continue to press for what you want? In this episode of the ABA Journal’s Asked and Answered, the ABA Journal's Stephanie Francis Ward speaks with Dr. Artika Tyner, vice president for diversity and inclusion at the University of St. Thomas in Minnesota. Tyner discusses how lawyers can advocate for themselves in the workplace, without getting in their own way.

Special thanks to our sponsors Amicus Attorney.

Jun 26, 2017
ABA Journal: Modern Law Library : How government actions, not personal choices, created segregated neighborhoods
34:25

Richard Rothstein spent years studying why schools remained de facto segregated after Brown v. Board of Education. He came to believe that the problem of segregated schools could not be solved until the problem of segregated neighborhoods was addressed–and that neighborhoods were de jure segregated, not de facto. In this episode of the Modern Law Library, the ABA Journal’s Lee Rawles speaks to Rothstein about his new book, The Color of Law: A Forgotten History of How Our Government Segregated America. Rothstein says that federal, state and local governments passed laws and created policies which promoted racial discrimination in housing and destroyed previously integrated neighborhoods. In this interview, Rothstein discusses his findings and proposes remedies to rectify the injustice experienced by generations of African-Americans.

Jun 21, 2017
ABA Journal: Legal Rebels : Paul Lippe’s ‘new normal’ was always about innovation
28:17

For years, Paul Lippe has been a leader in helping corporate law departments adopt the approaches used in the best and most innovative parts of their own companies—and in doing so, significantly changing the relationships with and the work done by their outside lawyers. A Legal Rebels Trailblazer and one of the original New Normal contributors for ABAJournal.com, Lippe’s career path has been all about change and innovation.

Jun 14, 2017
ABA Journal: Modern Law Library : David Grann uncovers the deadly conspiracy behind murders of oil-rich Osage tribe members
19:24

Although the Osage tribe had been forced from their ancestral lands by the U.S. government, through shrewd and careful bargaining they retained the mineral rights to one of the richest oil fields in the world: Osage County, Oklahoma. But instead of insuring the prosperity and safety of the tribe, the wealth of the Osage made them targets for what was later known as the Reign of Terror. The task of solving dozens of murders fell in the 1920s to the newly formed FBI and its young director, J. Edgar Hoover. In this episode of the Modern Law Library, author David Grann tells the ABA Journal’s Lee Rawles how he first learned of this series of murders and decided to write Killers of the Flower Moon: The Osage Murders and the Birth of the FBI. He also discusses the brave Osage woman at the heart of his story, Mollie Burkhart, who defied the local white-dominated power structure to discover who was responsible for the deaths of her family members.

Jun 07, 2017
ABA Journal: Asked and Answered : How to land government contracts as a minority- or women-owned firm
28:44

Government entities at all levels often set aside a portion of work for minority and women-owned businesses, including law firms. But many people are unsure about how to land these contracts or receive certification. In this episode of Asked and Answered, the ABA Journal's Stephanie Francis Ward gets tips for program participation from Emery Harlan. Harlan is a Milwaukee employment attorney and a cofounder of the National Association of Minority-Owned Law Firms.

Special thanks to our sponsors Amicus Attorney.

May 29, 2017
ABA Journal: Modern Law Library : How a Chinese-American family challenged school segregation in 1920s Mississippi
26:05

Almost 30 years before Linda Brown and her parents took on the Topeka Board of Education in Brown v. Board of Education, Martha Lum's parents Jeu Gong and Katherine sued to try to stop Rosedale, Mississippi, from barring their Chinese-American children from the local "white" school. Their case, Gong Lum v. Rice, made it to the U.S. Supreme Court in 1927, but rather than granting them relief, the unanimous Supreme Court decision led to even stricter school segregation.

For this episode of the Modern Law Library, in honor of Asian Pacific American Heritage Month, the ABA Journal's Lee Rawles discusses this little known chapter of history with Adrienne Berard. Berard is the author of “Water Tossing Boulders: How a Family of Chinese Immigrants Led the First Fight to Desegregate Schools in the Jim Crow South.” Berard discusses the bravery of the family's decision, and the complicated state of race relations in 1920s Mississippi in which the debate over whether the "colored" category applied to Asian Americans took place. We also discuss Earl Brewer, a former governor of Mississippi, who took the Lums' case in a bid to regain his reputation, and how the immigration debates of the early 20th century have ugly echoes in today's political environment.

May 17, 2017
ABA Journal: Legal Rebels : Lisa Solomon found the time was right for her career in online legal research
09:21

Plenty of lawyers hate to do legal research: It can be tedious and time-consuming, and one mistake can tank an entire case. For lawyers of a certain generation, the very sight of those two-toned, musty-smelling books that all look the same is enough to fill them with dread. For younger lawyers, electronic resources can be just as intimidating and mystifying. Luckily for Lisa Solomon, she loves that kind of work.

May 10, 2017
ABA Journal: Modern Law Library : The Crime of Complicity: Examining the Role of the Bystander in the Holocaust and Beyond
23:42
If you are a bystander and witness a crime, should intervention to prevent that crime be a legal obligation? Or is moral responsibility enough? These are among the hard-hitting questions discussed in a provocative and moving conversation with author and Holocaust education advocate Amos N. Guiora. In his new book, "The Crime of Complicity: The Bystander in the Holocaust," Guiora addresses these profoundly important questions and the bystander-victim relationship from a deeply personal and legal perspective, focusing on the Holocaust and then exploring cases in contemporary society.
 
Sharing the experiences of his parents, who were Holocaust survivors, and his grandparents, who did not survive, Guiora examines the bystander during three distinct events: death marches, the German occupation of Holland, and the German occupation of Hungary. He then brings the issue of intervention into current perspective, discussing sexual assault cases at Vanderbilt and Stanford Universities, as well as the plight of today’s refugees from war-ravaged countries such as Syria.
 
Guiora asserts that a society cannot rely on morals and compassion alone to help another in danger. It is ultimately, he concludes, a legal issue. We must make the obligation to intervene the law, Guiora asserts, and thus non-intervention a crime.
May 03, 2017
ABA Journal: Asked and Answered : Are schools that fail to teach children to read violating their Constitutional rights?
32:06

The 14th Amendment has been used to secure civil rights for a multitude of groups. But does it give children a constitutional right to literacy? Is it the government's responsibility to adequately fund schools, so students learn what they need to reach appropriate reading levels?

In the Detroit public school system, it was recently found that only 7 percent of its 8th grade students were proficient in reading. So in 2016, a group of lawyers filed a federal civil rights claim against the city’s school system. In this episode of Asked and Answered, the ABA Journal's Stephanie Francis Ward discusses the lawsuit with Carter Phillips, one of the attorneys representing the plaintiffs.

Special thanks to our sponsors Amicus Attorney.

Apr 24, 2017
ABA Journal: Modern Law Library : Are prisoners’ civil rights being needlessly violated by long-term solitary confinement?
31:33

In the 1960s and 1970s, a series of deadly prison riots convinced corrections officials that long-term solitary confinement was the only solution to control the “worst of the worst.” Supermax prisons, such as the Pelican Bay State Prison in California, were constructed to fulfill this perceived need. But with the abundance of evidence showing how psychologically harmful solitary confinement is, can its use be justified? And with the lack of transparency surrounding the number and type of prisoners being held in long-term solitary confinement, how can we really judge its necessity or effectiveness?

In this episode of the Modern Law Library, the ABA Journal’s Lee Rawles speaks with Keramet Reiter, a University of California Irvine professor and the author of the new book 23/7: Pelican Bay Prison and the Rise of Long-Term Solitary Confinement. Reiter discusses the years of research she conducted into Pelican Bay Prison, including interviews with the prison’s main designer; the judge who condemned horrific abuses which occurred in the prison’s early years; and former prisoners who have emerged from long-term solitary confinement and dealt with its after-effects. She also shares what kind of reforms she thinks would be necessary for the judicial system and legislators to be able to assess the need for long-term solitary confinement.

Apr 19, 2017
ABA Journal: Legal Rebels : Justia’s Stacy Stern finds real profit in making things free
23:08

Stacy Stern is in charge of revenues, among her other roles at a successful for-profit company, but she tends to talk more about giving away products and services. It becomes obvious that she thinks giving is more important than receiving—not that Justia, the legal portal she and her husband, Tim Stanley, created, isn’t out to make money.

But–philosophically at least–they turn the standard business model on its head. Profit for the 100-plus-employee company makes it possible to put up more free stuff. Stern, a 2017 Legal Rebel Trailblazer, and Stanley, one of the original ABA Journal Legal Rebels, make basic law free and available to one and all, while turning a profit by helping lawyers market themselves.

Apr 12, 2017
ABA Journal: Legal Rebels : Catching up with Legal Rebel Stacy Stern of Justia
07:55

In this special ABA TECHSHOW episode of the ABA Journal’s Legal Rebels Podcast, Molly McDonough catches up with Legal Rebel Stacy Stern, president of the vast legal portal Justia.

Stern, one of the co-founders of Findlaw, was named a Legal Rebels Trailblazer in early 2017. She talks here about the expansion of Justia, which champions free law for all in the United States and Mexico.

Apr 06, 2017
ABA Journal: Legal Rebels : Catching up with Legal Rebels Shantelle Argyle and Daniel Spencer of Open Legal Services
15:15

In this special ABA TECHSHOW episode of the ABA Journal’s Legal Rebels Podcast, Molly McDonough catches up with Legal Rebels Shantelle Argyle and Daniel Spencer.

Argyle and Spencer, profiled as Legal Rebels in 2015, founded Open Legal Services in Salt Lake City in 2014. Even though the two didn’t initially plan to launch a not-for-profit law firm straight out of law school, they’ve since become evangelists for the model. They talk here about the not-for-profit model they embraced and the growth of their firm.

Apr 06, 2017
ABA Journal: Legal Rebels : Catching up with Legal Rebel Sarah Glassmeyer of the ABA’s Center for Innovation
13:41

In this special ABA TECHSHOW episode of the ABA Journal’s Legal Rebels Podcast, Molly McDonough catches up with Legal Rebel Sarah Glassmeyer.

Glassmeyer, a trained law librarian and free law enthusiast, was named a Legal Rebel in 2016. She talks here about her relatively new job at the ABA’s Center for Innovation and the melding of her interests there. She gives a preview of what’s to come from the center.

Mar 29, 2017
ABA Journal: Legal Rebels : Catching up with Legal Rebel Sam Glover of Lawyerist
07:43

In this special ABA TECHSHOW episode of the ABA Journal’s Legal Rebels Podcast, Molly McDonough catches up with Legal Rebel Sam Glover, founder of Lawyerist, a one-time blog turned robust legal information site.

Sam was named a Legal Rebel Trailblazer in February 2017. Here he talks about a new venture at Lawyerist: TBD Law, a unique conference collaboration with ‘09 Legal Rebel Matt Homann of Filament in St. Louis.

Mar 29, 2017
ABA Journal: Legal Rebels : Catching up with Legal Rebel Nicole Black of MyCase
08:28

In this special ABA TECHSHOW episode of the ABA Journal’s Legal Rebels Podcast, Molly McDonough catches up with Legal Rebel Nicole Black.

Black was in the Journal’s first Rebels class in 2009. Just like then, when she was designated the “Boss of Blogs,” she continues to be a prolific blogger and Twitter user. She talks about blogging today and her gig at MyCase, which offers practice-management services to lawyers.

Mar 29, 2017
ABA Journal: Legal Rebels : Catching up with Legal Rebels Ed Walters of Fastcase and Kevin O’Keefe of Lexblog
16:09

In this special ABA Techshow episode of the ABA Journal’s Legal Rebels Podcast, Molly McDonough catches up with Legal Rebels Ed Walters and Kevin O’Keefe.

Walters, a one-time BigLaw associate and co-founder of the legal-research service Fastcase, was named a Legal Rebel Trailblazer in October 2016. Kevin O’Keefe was in the Journal’s inaugural Rebels class in 2009. The two talk here about their new integration of Fastcase and Lexblog, enabling bloggers on the Lexblog platform to link directly to caselaw they’re analyzing in their blog posts.

Mar 29, 2017
ABA Journal: Asked and Answered : Getting ahead while working from home
21:18

A handful of large law firms recently announced limited telecommuting plans for associates, which is a somewhat radical change for the profession.  Does this mean that for lawyers, office face-time may no longer be central to demonstrating you’re a valuable team member?

In this month's episode of Asked and Answered, Stephanie Francis Ward speaks with Sara Sutton Fell about lawyers working remotely. Fell is the CEO and founder of Remote, which helps companies hire, train and manage employees who work offsite, and Flexjobs, a career website focused on telecommuting, freelance work and part-time jobs.

Special thanks to our sponsors Amicus Attorney.

Mar 27, 2017
ABA Journal: Modern Law Library : What can neuroscience tell us about crime?
19:56

Neuroscience and brain-imaging technology have come a long way, but are they actually useful in a courtroom setting to explain why a person committed a crime? And are our brains to blame for all our actions, or do we have free will? Can a differently shaped brain remove moral responsibility for violence in an otherwise functioning person? 

In this episode of the Modern Law Library, the ABA Journal's Lee Rawles spoke to Kevin Davis, a fellow ABA Journal editor and author of the new book "The Brain Defense: Murder in Manhattan and the Dawn of Neuroscience in America's Courtrooms." Davis shares how he first became interested in the issue of brain injury and brain development theories as evidence, and explains the little-known backstory to the murder case that ushered in the use of neuroscience in criminal defense cases. He also recounts the way the reporting for this book ended up changing his own attitudes and behavior–and how he parents his son.

 

Mar 15, 2017
ABA Journal: Legal Rebels : CodeX co-founder caught the entrepreneurial bug at Stanford
22:18

Born and raised in Austria, Roland Vogl fell in love with California almost from the moment he arrived in 1999 as a student at Stanford Law School. In particular, he was drawn to the entrepreneurial ethos of Stanford’s home base of Silicon Valley.

“The idea of being in Silicon Valley and being immersed in the gung-ho spirit where people solve problems—not so much by policy and lawmaking but by building new systems—really appealed to me,” says Vogl, a 2017 Legal Rebels Trailblazer.

Mar 08, 2017
ABA Journal: Modern Law Library : Al-Tounsi by Anton Piatigorsky: The U.S. Supreme Court through a Human Lens
27:37
In his debut novel Al-Tounsi, critically acclaimed Canadian-American author and playwright Anton Piatigorsky tells the behind-the-scenes story of U.S. Supreme Court justices as they consider a landmark case involving the rights of detainees held in a Guantanamo Bay-like overseas military base. It explores how the personal lives, career rivalries, and political sympathies of these legal titans blend with their philosophies to create the most important legal decisions of our time. Given the current U.S. political climate, Al-Tounsi could not be more topical or relevant.
 
In a conversation that touches on everything from the right of habeas corpus to similarities between the fictional justices and their real-life counterparts and differences between the U.S. and Canadian Supreme Courts, Jon Malysiak, Director of Ankerwycke Books, discusses the novel with Piatigorsky. They explore how the author, born and educated in the U.S. and currently living in Toronto, came to write a novel with so many parallels to current political debate, that Erwin Chemerinsky has praised as “…a powerful reminder that justices are human and that, as much as the law, determines how important cases are decided.”

 

Mar 07, 2017
ABA Journal: Asked and Answered : How to host a networking event which actually brings in business
19:42

You want to expand your book of business with networking events, and think that planning one yourself might be the most rewarding. But how can you develop an event that lawyers will actually attend, doesn’t go way over budget and brings you some great new connections? In this month’s episode, the ABA Journal’s Stephanie Francis Ward speaks with Alycia Sutor, managing director at the sales-effectiveness firm GrowthPlay, about hosting successful networking events for lawyers.

Feb 27, 2017
ABA Journal: Legal Rebels : Lawyerist founder Sam Glover reports anecdata from the legal community
12:24

The website Lawyerist focuses on getting attorneys information they want. Determining what that is isn't hard, says founder Sam Glover, because readers frequently tell him through the site's discussion forum or on social media.

"Sometimes all you can get is anecdotes, asking as many people as you can find, to try and uncover information about stuff," says Glover, a 2017 Legal Rebels Trailblazer who uses the term anecdata to describe some of the site's reporting.

Feb 08, 2017
ABA Journal: Modern Law Library : Legal Asylum by Paul Goldstein: A Satiric Look at Legal Academia
20:30

In his new novel, "Legal Asylum: A Comedy," bestselling and Harper Lee Prize-winning author Paul Goldstein takes a satiric – and affectionate – look at the lengths to which the dean of a backwater state law school will go to ensure that her school makes it into the annual U.S. News & World Report Top Five. With the simultaneous arrival on campus of an American Bar Association committee to conduct the law school’s reaccreditation review, "Legal Asylum" asks: Can a school make it into the exalted realm of the U.S. News Top Five and lose its accreditation, all in the same year?

In a wide-ranging conversation, Jon Malysiak, the Director of Ankerwycke Books (the trade imprint of ABA Publishing), explores with Goldstein how fiction follows truth and the rankings game can produce a law school at which law teachers (at least those who manage to make it into the classroom) teach no law, a timid associate dean discovers a secret agenda that surprises even him, and a mailroom clerk may hold the school's future in his hands. And why, after reading an advance copy, Alan Dershowitz could write, “You will never view legal education in the same light after you've read 'Legal Asylum.'”

Feb 01, 2017
ABA Journal: Asked and Answered : How can lawyers fight implicit bias?
34:44

Many of us don’t think of ourselves as biased, and we don’t want to be prejudiced towards others. But we’re also reluctant to acknowledge the ways bias can creep in, according to academics who study implicit bias. In this episode of Asked and Answered, the ABA Journal’s Stephanie Francis Ward speaks with Jeffrey Rachlinski, a Cornell Law School professor who has done various studies about implicit bias, including one that focused on trial judges.

Special thanks to our sponsors Amicus Attorney.

Jan 23, 2017
ABA Journal: Modern Law Library : Alberto Gonzales reflects back on Bush administration and gives his advice for Trump staff
30:05

The Hon. Alberto R. Gonzales rose from humble beginnings in Humble, Texas, to some of the highest legal positions in the country as White House counsel and U.S. attorney general under President George W. Bush. As the nation prepares to inaugurate a new presidential administration, the ABA Journal's Lee Rawles spoke with him about his new memoir, "True Faith and Allegiance," his reflections about the choices the Bush administration made during his own time in office, and his advice for President-elect Donald Trump's nominees. He also sheds light on how some of the post-9/11 legal decisions were made and what it meant to him to be the first Hispanic person to advise the president of the United States as his chief counsel.

Jan 18, 2017
ABA Journal: Legal Rebels : Judge Dixon stays on to keep bringing tech to courts
30:46

At 69, Judge Herbert Dixon doesn’t fit that epigram about old dogs and new tricks. He’s still proselytizing about high tech in courthouses and courtrooms, and he predicts its future. He’s still trying some cases as a senior judge, is a member of the ABA Board of Governors and now a Legal Rebels Trailblazer, and he’s engaged in so many other endeavors that he never seems to be (under immutable laws of motion) a body at rest.

Jan 11, 2017
ABA Journal: Asked and Answered : How to prepare for another try at the bar exam
28:19

It's not terribly unusual for a law grad to need to take the bar exam more than once to pass. But the experience of failing the bar can be crushing to one's confidence–and concentration. After failing the bar exam, many students have a hard time studying for a retake. This is not necessarily because they can't do the work, but because anxiety and fear of failure get in the way, Jamie Kleppetsch of John Marshall Law School tells the ABA Journal's Stephanie Francis Ward in this month's Asked and Answered.

Kleppetsch, who is president of the Association of Academic Support Educators as well as being an associate director of John Marshall's Academic Achievement Program, shares with listeners some tips for reapproaching the bar exam with a fresh mindset and more preparation.

Special thanks to our sponsors Amicus Attorney.

Jan 04, 2017
ABA Journal: Modern Law Library : Was this lawyer-turned-WWII-spy the basis for James Bond?
19:11

In a different time, Dusko Popov might have enjoyed the life of a Serbian playboy without the interruption of espionage, subterfuge and violence. But from the early days of World War II, Popov risked his life as a double agent to aid the Allies in the fight against the Nazis.

Florida attorney Larry Loftis had been intending to write a fictional spy novel, he tells the ABA Journal's Lee Rawles in this episode of the Modern Law Library. But in researching the lives of spies in World War II, he discovered Popov's story and decided that this was a truth no fiction could touch. Loftis combed U.S., British, Portuguese and German archives and Popov's own memoirs—and interviewed surviving members of Popov's own family—to produce "Into the Lion's Mouth: The True Story of Dusko Popov: World War II Spy, Patriot, and the Real-Life Inspiration for James Bond."

In this podcast, Loftis discusses how he came to learn of Popov; how the paths of Bond creator Ian Fleming and Popov may have crossed; and why Popov was convinced that if a piece of intelligence he'd uncovered had been passed on to the U.S. Navy, the devastating Japanese attack on Pearl Harbor 75 years ago may have been prevented.

Dec 21, 2016
ABA Journal: Legal Rebels : Legal tech's future is in lawyers' mindset, Randi Mayes says
13:53

When you ask Randi Mayes about the future of technology in law firms, she says its growth will stem from attorneys’ behavior rather than specific product offerings.

“The real possibility for change in the future sits more with the mindset,” says Mayes, the executive director of the International Legal Technology Association. “It’s all about the law firm adopting its client’s worldview and innovating service delivery with those views in mind.” 

Randi Mayes is the founder and executive director of the International Legal Technology Association. She has also worked for worked for the Texas law firms Brown McCarroll (which merged with Husch Blackwell in 2013) and Small, Craig & Werkenthin. She lives in Austin, Texas.

Dec 14, 2016
ABA Journal: Asked and Answered : How lawyers can negotiate for better salaries and positions
23:43

While negotiating for one’s client is second nature to most attorneys, many find it a lot harder to negotiate for themselves. How can you advocate for a better position without being seen as too aggressive or off-putting? In this month’s Asked and Answered podcast, the ABA Journal’s Stephanie Francis Ward talks to Kathleen Kelley Reardon about how attorneys can ask for what they want without jeopardizing good work relationships.

Kathleen Kelley Reardon, a professor emerita at the University of Southern California Marshall School of Business, is the author of numerous books centered on workplace communications. Her work centers on persuasion, negotiation and women’s leadership.

Special thanks to our sponsors Amicus Attorney.

Nov 28, 2016
ABA Journal: Modern Law Library : What can past presidential history teach us about today?
30:37

The law is not Dallas attorney Talmage Boston's only love. "I have had a lifelong fascination with the presidency since I was 7 years old, and in recent years have become increasingly fascinated with it, given that so many of our top historians and non-fiction writers are devoting themselves to writing presidential biographies or studying the presidencies of different leaders over the years," Boston says. 

Boston made it his mission to conduct interviews with many of these well-known historians in front of live audiences, focusing the interviews on 20 historically significant presidencies. The edited transcripts of those interviews are compiled in his new book, “Cross-Examining History: A Lawyer Gets Answers from the Experts About Our Presidents.”

In honor of the 2016 election, Boston joins the ABA Journal's Lee Rawles for this episode of The Modern Law Library.  He talks about this labor of love, the importance of considering historical context when judging a president's actions, and what past history may tell us about the future of the Trump administration.

Nov 16, 2016
ABA Journal: Legal Rebels : E-discovery expert Craig Ball: Tech is no harder to learn than driving
14:57

Craig Ball likes to say he got into law to stay out of prison. The Austin, Texas-based attorney, professor and electronic evidence expert has always been passionate about technology—somewhat too passionate at times. When he was a teenager, he created a device that allowed him and his friends to make long-distance calls for free. He got in trouble with the law. But luckily for him, the prosecutor and judge didn’t think his crime was all that serious.

“The lawyer who helped me out hired me as a law clerk, and that put me on the path to becoming a lawyer,” says Ball, who earned his JD from the University of Texas School of Law in 1982, after which he opened his own law firm.

The advent of the personal computer and the internet reignited Ball’s interest in technology. He became fascinated with computer forensics and the nascent field of electronic discovery—areas that still flummox many lawyers and judges today.

Nov 09, 2016
ABA Journal: Asked and Answered : The art of getting clients to pay
23:56

You landed someone you thought would be a great client, but now you’re finding out that the client isn’t great about paying the bill. What should you do?  In this month's Asked and Answered podcast, Stephanie Francis Ward speaks with Bob Markoff, a Chicago lawyer who has done collections work for many years. Markoff, a past president of the National Creditors Bar Association, gives tips and advice on what you can do to recover the money you're owed.

Special thanks to our sponsors Amicus Attorney.

Oct 24, 2016
ABA Journal: Modern Law Library : John Lennon's lawyer explains how the musician's deportation case changed immigration law
11:54

When immigration attorney Leon Wildes got a call from an old law school classmate in January 1972 about representing a musician and his wife who were facing deportation, their names didn’t ring a bell. Even after meeting with them privately at their New York City apartment, Wildes wasn’t entirely clear about who his potential clients were. He told his wife that he’d met with a Jack Lemon and Yoko Moto.

“Wait a minute, Leon,” his wife Ruth said to him. “Do you mean John Lennon and Yoko Ono?”

What Wildes didn’t know when accepting the Lennons’ case was that he and his clients were facing a five-year legal battle which would eventually expose corruption at the highest levels of the Nixon administration and change the U.S. immigration process forever. His account of that legal battle is told in John Lennon vs. the USA: The Inside Story of the Most Bitterly Contested and Influential Deportation Case in United States History.

Leon Wildes and his son Michael (now a managing partner at the firm his father founded, Wildes & Weinberg) joined the ABA Journal’s Lee Rawles to discuss the legacy of the case and the effect it’s had on the entire family.

Oct 19, 2016
ABA Journal: Legal Rebels : For Fastcase founders, the message is: Change, and do it faster!
15:28

Legal technology has changed since 1999, when Ed Walters and Phil Rosenthal founded the legal research service Fastcase—but not as much as they’d like.

Phil Rosenthal and Ed Walters are the founders of the legal research service Fastcase. They were associates with Covington & Burling when they started the company in 1999.

Oct 12, 2016
ABA Journal: Asked and Answered : How lawyers can bring mindfulness into their practice
25:26

Lawyers are in the suffering business, says bankruptcy lawyer and meditation instructor Jeena Cho. "Rarely do clients come to us with happy news." Taking on clients' tough problems can be source of a lot of stress for practitioners. Cho speaks with the ABA Journal’s Stephanie Francis Ward about how practicing mindfulness--which at is heart, is about living in the present moment--can help lawyers quickly move on from daily stressors and setbacks.

Special thanks to our sponsors Amicus Attorney.

Sep 26, 2016
ABA Journal: Modern Law Library : A seismic shift in how the US wages war and what it means for the American public
35:14

What is war? Is it a state that is entirely distinct from peace? Has it changed over the years to become something else? In this episode of the Modern Law Library, Georgetown law professor Rosa Books shares the experiences she had in the U.S. government which led her to write her new book, “How Everything Became War and the Military Became Everything: Tales from the Pentagon.”

Brooks discusses the post-9/11 changes that shifted the thinking of both the military and the legal community when it came to the laws of war, particularly drone warfare. The military has been the recipient of both more funds and weightier expectations, as it’s called upon to perform tasks which traditionally would have been the province of civilian government and the diplomatic corps. As a state of non-traditional warfare seems to have become a permanent fixture, does the traditional divide between civilian and military justice still make sense? And how can the American public hold the government accountable when an increasing amount of information about its workings is secret?

Rosa Brooks is a Senior Fellow at the New America Foundation, a columnist for Foreign Policy, and a law professor at Georgetown University. She previously worked at the Pentagon as Counselor to the Under Secretary of Defense for Policy; in 2011, she was awarded the Secretary of Defense Medal for Outstanding Public Service. Brooks has also served as a senior advisor at the US Department of State, a consultant for Human Rights Watch, and a weekly opinion columnist for the Los Angeles Times.

Sep 21, 2016
ABA Journal: Legal Rebels : Dewey B Strategic's Jean O'Grady leads lawyers through the tech maze
12:58

Most people see librarians as the quiet personification of technical obsolescence. Jean O'Grady is out to change that. The senior director of research and knowledge at DLA Piper in Washington, D.C., is at the forefront of pushing the legal industry toward embracing technology as a means of enhancing the practice of law. Through her acclaimed blog, Dewey B Strategic (which has been selected for the ABA Journal Blawg 100 every year since 2012), as well as through numerous public appearances and interviews, O'Grady informs lawyers about what the current legal tech landscape looks like and what kinds of innovative tools are at their disposal.

Sep 14, 2016
ABA Journal: Asked and Answered : Is it time to leave your current job?
18:34

Are you unhappy at work? Is it time to leave your job, or should you look for other options to improve your current work conditions? Trust your intuition, and don't beat yourself up with negative thoughts about workplace problems being all your fault, says Gayle Victor, a Chicago-area lawyer and social worker who counsels attorneys and their families. She spoke with the ABA Journal's Stephanie Francis Ward in this month's Asked and Answered podcast.

 Gayle Victor is a lawyer who also has a master's degree in social work. She uses her unique perspective as a former attorney to provide counseling to attorneys and their families through CareForLawyers.com. Her practice is based in Chicago.

Special thanks to our sponsors Amicus Attorney.

Aug 29, 2016
ABA Journal: Modern Law Library : Freedom isn't the end of the story for exonerees
31:20

When we hear about the wrongfully convicted, media coverage usually ends with the person being released from prison or reaching a large settlement with the state. But for the exonerated, life goes on–lives for which prison did not prepare them. Often they’re stymied by red tape which keeps them from finding employment or housing. The families they left behind may be almost unrecognizable to them. Technology which is commonplace now—such as cell phones—may have been completely absent when they went to prison.

Journalist Alison Flowers has made the post-prison lives of exonerees the topic of her new book, "Exoneree Diaries: The Fight for Innocence, Independence and Identity." She profiled four Illinois exonerees in the book, following them for months and years as they adjusted, or failed to adjust, to life outside prison walls. In this episode of the Modern Law Library, she discusses with the ABA Journal’s Lee Rawles the experience of writing the book, the issues facing exonorees, and what efforts have been made to help the wrongfully convicted reconstruct lives for themselves.

 

Aug 17, 2016
ABA Journal: Legal Rebels : Jerome Goldman’s work gives a voice to SCOTUS arguments
15:40

The license plates on Jerome Goldman’s Subaru Legacy reads “OYEZ,” in honor of his U.S. Supreme Court-focused multimedia archive. Now at age 71, Goldman, named a Legal Rebels Trailblazer by the ABA Journal, says he has some more “ephemera” that he hopes will get on the site, which is moving from Chicago-Kent College of Law to Cornell University’s Legal Information Institute. “This means passing along my knowledge gained over 25 years, plus offering complete details regarding my workflow,” says Goldman, who believes that his political science education was instrumental in understanding judicial behavior.

Aug 10, 2016
ABA Journal: Asked and Answered : How to build a book of business without looking desperate
22:13

Business development doesn't come naturally to all lawyers. Some hesitate to take advantage of social opportunities out of fear of looking desperate or needy, but that's wrong-headed, says business development coach Larry Kohn. He speaks with the ABA Journal's Stephanie Francis Ward about ways that attorneys can promote themselves and their skills in ways that help both the lawyer and their potential clients.

Jul 25, 2016
ABA Journal: Legal Rebels : Deborah Rhode is at war with complacency
18:35

Stanford Law School Professor Deborah Rhode is the enemy of complacency. This Legal Rebels Trailblazer is one of the most cited scholars in legal ethics, though she wears many more hats. She has carved out specialties in discrimination (ranging from race and gender to the unfair advantages that flow to physical beauty, often probing their intersection with legal ethics) and in criticism of legal education itself.

Jul 20, 2016
ABA Journal: Modern Law Library : How a 1980s lynching case helped bring down the Klan
12:34

On the morning of March 21, 1981, the body of 19-year-old Michael Donald was found hanging from a tree in Mobile, Alabama. The years that followed saw the conviction of his two killers and a civil case brought by Donald's mother which bankrupted the largest Klan organization in the United States.

In this episode of The Modern Law Library, we speak with Laurence Leamer about his new book on the case, The Lynching: The Epic Courtroom Battle that Brought Down the Klan. He shares details about how and why Donald was killed, what became of his killers, and how the case also brought Morris Dees and the Southern Poverty Law Center into greater national prominence.

Jul 13, 2016
ABA Journal: Asked and Answered : How to get out of the office and make exercise part of your routine
25:00

Want to get outside, but work tethers you to your desk? Getting physical can increase both your productivity and personal happiness, and Kandis Gibson has some tips and tricks for how you can make exercise and outdoor activities part of your routine. Gibson, a senior associate at Foster, Murphy, Altman & Nickel in Washinton, D.C., has not let her busy IP litigation practice stop her from competing in triathlons. She speaks with the ABA Journal's Stephanie Francis Ward in this month's Asked and Answered to share how she did it, and how you can get your bosses on board with you getting out of the office more frequently.

Special thanks to our sponsors Amicus Attorney.

Jun 27, 2016
ABA Journal: Modern Law Library : In ‘The Last Good Girl,’ Allison Leotta tackles the fraught subject of campus rape
15:10

Author Allison Leotta has used her 12-year experience as a federal sex-crimes prosecutor in Washington, D.C., to bring real-world issues into her fiction. Leotta has written five novels chronicling the adventures of her protagonist, prosecutor Anna Curtis. The most recent, The Last Good Girl, takes on the issue of campus sexual assault at a fictional private college in Michigan.

The ABA Journal's Lee Rawles spoke with Leotta about how she shifted her career from lawyer to author; why the issue of campus sexual assault is so timely; and what's next for her intrepid heroine Anna Curtis.

Jun 22, 2016
ABA Journal: Asked and Answered : How well do people actually know their Miranda rights?
18:58

"You have the right to remain silent.” Because of TV shows and movies, most people probably know at least this part of the Miranda warning. But do people actually understand all of their Miranda rights? Fifty years after the landmark decision in Miranda v. Arizona, we speak to Russell Covey of Georgia State University State’s College of Law to find out what people know and don’t know about their rights.

Russell Covey, a professor at Georgia State University’s College of Law, teaches criminal law and procedure. One of his articles, “Miranda and the Media:  Tracing the Cultural Evolution of a Constitutional Revolution,” was published in the 2007 Chapman Law Review.

Special thanks to our sponsors Amicus Attorney.

May 23, 2016
ABA Journal: Legal Rebels : Rocket Lawyer's Charley Moore sees lawyer collaboration as the future
09:28

"Working with tech startups, I realized that there is this vast unmet need for affordable legal services," lawyer Charley Moore says. "There's a real need for technology to make it more efficient for lawyers to be able to answer simple questions online and to be able to represent small businesses, individuals, startups and families at fraction of traditional cost." 

Moore decided to try to fill that need with Rocket Lawyer, his online, do-it-yourself legal services provider that helps individuals and small businesses access legal forms (and, if necessary, local attorneys.)  

Moore was more bullish about Rocket Lawyer's recent move to provide employees at large companies with comprehensive legal plans similar to health insurance. 

"Our Q&A service is growing very fast," Moore says. "You can ask a question about any legal situation on any mobile device, and an attorney will respond to that question at an affordable price." 

May 17, 2016
ABA Journal: Modern Law Library : Before stop-and-frisk there were vagrancy laws; ‘Vagrant Nation’ explores their rise and fall
23:23
From the 18th century through the beginning of the 1970s, American officials had an incredibly versatile weapon to use against anyone seen as dangerous to society or as flouting societal norms: vagrancy laws. To be charged with vagrancy did not require an illegal action; vagrancy was a status crime, says professor Risa Goluboff. You could lawfully be arrested, charged, and convicted because of who police thought you were, not what you'd done. During the post-WWII era of tumultuous social change, these laws were used against civil rights leaders, beatniks, hippies, interracial couples, suspected Communists, homosexuals, prostitutes, and–above all–the poor and politically vulnerable. 
In this episode of the Modern Law Library, the ABA Journal's Lee Rawles speaks with Risa Goluboff about her new book, Vagrant Nation: Police Power, Constitutional Change, and the Making of the 1960s, to find out how these laws came about; how they were used in practice; and what it took to finally bring these laws down.
May 11, 2016
ABA Journal: Asked and Answered : Want to stop bias in the workplace? Here are some constructive tips
26:34

Can you plan to prevent workplace bias before it starts? In some cases yes, says Joan Williams, the founding director of the Center for WorkLife Law at University of California Hastings. The ABA Journal's Stephanie Francis Ward discusses with Williams tips on how to create what she calls “bias interrupters” to head off potential discrimination.

Apr 25, 2016
ABA Journal: Legal Rebels : Tech fails too, says Sensei's Sharon Nelson
08:21

Lawyers often think technology should always work. That's aspirational, says Sharon Nelson, president of the cybersecurity, information technology and digital forensics firm Sensei Enterprises Inc.

"People can screw up, but technology fails too," says Nelson. "You really need to recover from what the problem is, as opposed to pointing fingers and being angry."

Nelson and John W. Simek, her business partner and husband, formed Sensei Enterprises in 1997. Simek, an engineer, previously worked for Mobil Oil as a chief network designer and troubleshooter. The two met when she hired him to computerize her law practice.

"John had the technical genius, and I had the legal, business and marketing experience," she says "We figured that together I could sell his talents, and it ended up that I sold us both. People were happy to have someone they could talk technology with, along with someone who knew legal ethics."

Apr 19, 2016
ABA Journal: Legal Rebels : John Suh sees LegalZoom's job as fixing a 'failed' legal system
15:15

"We didn't start out to be disruptive," says John Suh, LegalZoom's chief executive officer. "We were set up to fix a problem. The legal system was broken and too many people were frozen out of it."

For Suh, the main goal of LegalZoom continues to be providing access to the legal system for millions of Americans who can't afford an attorney and do not qualify for free legal services. "So much of our legal system is focused on BigLaw or access to justice for those below the poverty line," says Suh. "What about the 84 percent or so of people between that? For them, the system really has failed."

What Suh has done during his tenure as CEO is transform the company from a do-it-yourself outfit into one that has partnered with lawyers.

"The perception that we're an online legal company with no human lawyers is just not true," says Suh. "Over the last five years, we've embraced lawyers and become quite adept with working with them." There have been over 200,000 one-on-one consultations between LegalZoom customers and lawyers licensed in their respective states, he says.

Apr 19, 2016
ABA Journal: Legal Rebels : Don't fear technology, Ernie Svenson urges; 'It's here; it's good; do it'
24:23

Ernie Svenson-a.k.a. well-known blogger Ernie the Attorney-was an early evangelist for what he calls The Paperless Chase. The basic premise: "Anything you can do with paper, you can do more with PDF. Way more." 

Now he spends a lot of time teaching, training and speaking, all aimed at enabling small-firm and solo lawyers with the ability "to save money, make money and outmatch bigger firm adversaries," he says. 

In fact, calling Svenson an evangelist is an understatement. "The walls are closing in on lawyers who haven't adapted, with e-filing in the courts and the increased use of the PDF format by others," Svenson says. "It's here. It's good. Do it."

Apr 19, 2016
ABA Journal: Legal Rebels : Technology is 'breathtakingly positive,' says lawyer and writer Monica Bay
08:04
Lawyer and longtime journalist Monica Bay didn't let sexism or a technology-averse legal establishment keep her from breaking new ground. 
 
"The baby boomer lawyers were so entrenched with the idea that 'only the girls touch anything with a keyboard' that they absolutely refused to do anything involving tech," Bay recalls. "They thought it was beneath them."
 
Now, Bay says, the profession has stepped away from thinking that technology is reserved for support staff, and beneath lawyers. 
 
"If you don't learn tech," she says, "you are not going to be relevant anymore."
Apr 14, 2016
ABA Journal: Asked and Answered : How artificial intelligence is changing the way lawyers practice law
21:07

Artificial intelligence has long been a tool for lawyers to perform their tasks more efficiently. However, the technology has advanced to the point where computers can now perform many of the tasks that were once the exclusive domain of humans. In this month’s Asked and Answered, the ABA Journal’s Victor Li talks to freelance writer Julie Sobowale about how artificial intelligence is revolutionizing the practice of law.

Mar 28, 2016
ABA Journal: Modern Law Library : Prosecutor's book offers first-hand look at 'Making a Murderer' subject Steven Avery
25:36

A year before Netflix's viral hit Making of a Murderer was making headlines, Manitowoc County prosecutor Michael Griesbach released his book The Innocent Killer: A True Story of a Wrongful Conviction and its Astonishing Aftermath. Griesbach was the prosecutor who worked to free Steven Avery after DNA evidence proved he had been wrongfully convicted of a terrible assault. 

In this episode of the Modern Law Library, we speak with Griesbach about his work to achieve Avery's exoneration; why he decided to write a book on the topic; whether watching Making a Murderer changed his mind about Avery's guilt in the murder of Teresa Halbach; some of the evidence the documentary left out; and how the release of the Netflix documentary has affected Manitowoc County.

Mar 22, 2016
ABA Journal: Asked and Answered : How solos and small firms can cut costs and make their money go further
21:35

Cost savings are particularly important for small firms and solos. What are some easy fixes for making law firm budgets go further, and what are some common mistakes to avoid? In this month's Asked and Answered, the ABA Journal's Stephanie Francis Ward gets some tips and tricks for stretching firm's dollars further. 

Mar 07, 2016
ABA Journal: Asked and Answered : How can you attract positive media attention for yourself or your clients?
21:40

You may have noticed that some lawyers are often quoted in the press. They might have a practice that naturally garners attention, or perhaps they are great at explaining complex issues succinctly and have a good camera presence. Or it could just be that they’re known for returning phone calls and emails in a timely manner.

Reaching out to the media can be helpful–or harmful–to your clients. What are the best ways to approach reporters when you're looking for a media spotlight? How can you provide reporters with useful information, in a way that also promotes you and your clients in a positive light?

In this month’s Asked and Answered, the ABA Journal’s Stephanie Francis Ward discusses how lawyers can best approach the media when they’d like some press. This month's guest  is Vivia Chen, a senior columnist with the American Lawyer.

Vivia Chen is the creator and chief blogger of the Careerist, an American Lawyer column that focuses on women and diversity in the profession. A former corporate lawyer who is now a senior columnist, Chen’s writing has been honored by the American Bar Association and Business Insider.

Feb 01, 2016
ABA Journal: Asked and Answered : How can you make and keep reasonable resolutions for your career?
25:15

It's time to set goals for the new year. But can you actually follow through with them? In this month's Asked and Answered, the ABA Journal's Stephanie Francis Ward discusses what reasonable steps you can take in 2016 to improve your life and your career. Her guest Karen Kaplowitz gives listeners tips on making and keeping achievable goals. 

Karen Kaplowitz is the president of the New Ellis Group, a business-development consulting firm. She specializes in business development strategy, training and coaching for lawyers and other professional service providers. In 1971, Kaplowitz was the third woman lawyer hired by O'Melveny & Myers, and a few years later she opened a small, women-owned law firm that focused on plaintiff employment cases. She also was a partner with Alschuler, Grossman & Pines.

Jan 04, 2016
ABA Journal: Modern Law Library : Harper Lee Prize winner tells how history and race shaped her Southern gothic novel
22:16

The Secret of Magic is a book within a book. It is both the title of Deborah Johnson’s 2015 Harper Lee Prize for Legal Fiction-winning novel, and (in the world of that novel) a reclusive writer’s scandalous 1920s children’s book, which dared to feature black and white playmates solving mysteries together in a magical forest.

The protagonist of The Secret of Magic, Regina Robichard, is a young black lawyer in 1946, working for Thurgood Marshall and the NAACP Legal Defense Fund. Raised in the north, Regina travels to Mississippi for the first time to investigate the mysterious death of a returning World War II veteran. She discovers that she has been summoned by the reclusive author M. P. Calhoun, a white woman who wrote a single inflammatory book–The Secret of Magic–and has never published again. What Regina uncovers in the small southern town of Revere is a morass of conflicting social and racial ties, in which the real mystery is not who killed the young black soldier–but whether justice of any type will be possible to achieve by legal means.

Author Deborah Johnson joined the ABA Journal’s Lee Rawles to discuss the personal experiences which led her to write this book; the historical influences she drew upon; her thoughts on winning the Harper Lee Prize; and her opinion of Harper Lee’s To Kill a Mockingbird and Go Set a Watchman.

Dec 21, 2015
ABA Journal: Asked and Answered : How blogging can help you carve your own niche in the legal community
18:51

Can a commitment to blogging help develop a practice area and turn you into an expert? In this month’s Asked and Answered, the ABA Journal’s Stephanie Francis Ward speaks with Hilary Bricken, a Seattle lawyer and one of the authors of Canna Law Blog. Recently honored as one of the ABA Journal’s 9th Annual Blawg 100, the Canna Law Blog discusses cannabis laws and how they affect the emerging legal cannabis industry. Ward speaks with Bricken to find out how her firm, Harris Moure, decided to launch a blog on this specific topic; how the blog has performed as a client-development tool; and how writing for Canna Law has helped Bricken expand her own knowledge and expertise.

Dec 04, 2015
ABA Journal: Asked and Answered : What can lawyers do to manage and conquer anxiety?
32:35

Are lawyers prone to anxiety, or is the pace of the profession the culprit? The ABA Journal's Stephanie Francis Ward speaks with Will Meyerhofer, a psychotherapist who has also been a practicing attorney, to learn more about anxiety and get tips on how lawyers can manage and overcome it.

http://www.abajournal.com/news/article/podcast_monthly_episode_68

Nov 03, 2015
ABA Journal: Asked and Answered : Which practice areas are going to be the most lucrative in the future?
28:35

The market for legal jobs may be getting better, but it’s still not great. That being said, are there specific practice areas that need more attorneys to serve current and future needs? In this month's episode of Asked and Answered, the ABA Journal's Stephanie Francis Ward speaks with legal search consultant Valerie Fontaine to find out what the best prospects are for a long-term, successful legal career.

Oct 05, 2015
ABA Journal: Asked and Answered : How a program at the infamous Angola State Penitentiary helps inmates re-enter society
25:18

What good can some men serving life sentence do for other inmates? A great deal, says Judge Laurie A. White, who co-founded a re-entry program for inmates of the infamous Angola State Penitentiary in Louisiana. In this episode of Asked and Answered, she tells the ABA Journal's Stephanie Francis Ward about how the program utilizes the skills of men who will never leave prison to improve the lives of those who will.

Sep 07, 2015
ABA Journal: Modern Law Library : Linda Fairstein chats about her Alex Cooper series--and reveals an exciting new project
24:35

In the hands of author Linda Fairstein, fictional sex-crimes prosecutor Alex Cooper has enjoyed a career spanning 17 books and almost two decades. Cooper's 16th adventure, Terminal City, was selected as one of the three finalists for the 2015 Harper Lee Prize for Legal Fiction.

Fairstein spoke with the ABA Journal's Lee Rawles to discuss Terminal City and Devil's Bridge, the newly released 17th book in the Alex Cooper series. She also shared some exciting news about a brand new project she has in the works.

Aug 26, 2015
ABA Journal: Asked and Answered : How to conquer anxiety and break the ice during professional events
22:10

Do you get social anxiety thinking about networking at big events? Is it hard to make connections with other lawyers? Focus on what you can learn about others, rather than telling people about yourself, business development coach Larry Kohn tells the ABA Journal’s Stephanie Francis Ward.

Jul 27, 2015
ABA Journal: Asked and Answered : How can lawyers maximize relaxation while on vacation?
22:45

We’d all love to be able to unplug completely while we’re on vacation, but for many lawyers it’s not that simple. Meeting your duty to your clients might mean that you can’t just leave your phone at home. But how can you keep distractions to a minimum and make the most out of your time off? The ABA Journal’s Stephanie Francis Ward gleans some tips and tricks from Jones Day partner Lawrence D. Rosenberg.

Jul 06, 2015
ABA Journal: Asked and Answered : Cannabis businesses need lawyers, but how can you build a marijuana practice?
16:59

It’s a federal offense to grow, sell or use marijuana, but there’s a need for lawyers to represent cannabis businesses in Washington state, where the product is taxed and regulated by the state. In this month’s Asked and Answered, Seattle lawyer Ryan Espegard tells the ABA Journal’s Stephanie Francis Ward how he advises the marijuana industry, being mindful of state and federal regulation, and what sorts of business development activities have worked for him.

Jun 01, 2015
ABA Journal: Asked and Answered : So you want to practice overseas?
14:09

Have you ever daydreamed about having a career abroad? Before saying "bon voyage," you should know what's involved. In this month's Asked and Answered podcast, moderator Stephanie Francis Ward will find out tips and advice on developing a practice beyond U.S. borders.

May 04, 2015
ABA Journal: Modern Law Library : Grammar nerds, meet your Comma Queen
16:02

Mary Norris has been a copy editor for the New Yorker since 1978. In her new book, Between You & Me: Confessions of a Comma Queen, she offers clear and understandable grammar lessons for some of the most common conundrums faced by English speakers. Along the way, she also lifts the veil on the editorial process for the famed magazine, and describes the meandering career path that led her to the New Yorker. In this episode of the Modern Law Library, Norris and the ABA Journal's Lee Rawles discuss lawyers' affinity for language, and the behind-the-scenes challenges involved in magazine editing.

Apr 30, 2015
ABA Journal: Asked and Answered : Would your practice be prepared if something happened to you? These tips can give you peace of mind
20:05

If the unthinkable happens, will your practice be ready for an intermediary to take over or help with a transition? Do you know what would happen if you–or one of your colleagues–should suddenly die or become incapacitated? The ABA Journal’s Stephanie Francis Ward speaks with two experts about tools and systems you can put in place to give you and your clients peace of mind.

Apr 06, 2015
ABA Journal: Asked and Answered : How can attorneys get help without harming their careers?
22:28

In this month’s Asked and Answered, the ABA Journal’s Stephanie Francis Ward speaks with Patrick Krill of the Hazelden Betty Ford Foundation’s legal professionals program to find out more. Krill is currently finishing a study in conjunction with the ABA to research substance abuse, depression and anxiety in legal profession.

Mar 02, 2015
ABA Journal: Asked and Answered : How a new program uses law students to cut costs and acrimony for divorcing couples
26:42

In the wake of divorce, many families find themselves emotionally and financially devastated. If you’re in the heat of a legal battle, it’s easy to go to far and create acrimony with your ex-spouse which can poison any chance at a cordial future relationship–and drain both sides’ bank accounts to pay for attorney fees. But what if if didn’t have to be that way? In this month’s Asked and Answered, moderator Stephanie Francis Ward speaks with Rebecca Love Kourlis and Melinda Taylor, who hope to change the way people approach the divorce process through the Honoring Families Initiative.

Feb 02, 2015
ABA Journal: Modern Law Library : Author tells tangled tale of the $19B verdict against Chevron in 'Law of the Jungle'
20:46

In 2011, an Ecuadoran court found the Chevron Corporation liable for environmental damage caused by oil drilling in the 1970s-80s. Chevron was ordered to pay $19 billion to the plaintiffs who brought the suit, a collection of small farmers and indigenous peoples. Although it is tempting to fit this into a simple narrative-either "victory for oppressed people against an evil corporation" or "responsible corporation preyed upon by voracious plaintiffs attorneys"--the truth just isn't that simple. And the $19 billion verdict was far from the end of this story. Modern Law Library moderator Lee Rawles speaks with Paul M. Barrett, author of Law of the Jungle: The $19 Billion Legal Battle Over Oil in the Rain Forest and the Lawyer Who’d Stop at Nothing to Win, about the tangled backstory to one of the biggest verdicts in history.

Jan 28, 2015
ABA Journal: Asked and Answered : Linda Greenhouse and Jonathan Turley discuss the relationship between courts and the press
23:47

In this month's Asked and Answered podcast, moderator Stephanie Francis Ward talks to Linda Greenhouse and Jonathan Turley about the past, present and future of legal journalism, and how it has influenced courts. Greenhouse reported on the U.S. Supreme Court for the New York Times for four decades, and is now the Joseph Goldstein Lecturer in Law and Knight Distinguished Journalist-in-Residence at Yale Law School. Turley is an attorney, legal scholar and professor at George Washington University Law School and is a legal analyst for several media outlets.

Linda Greenhouse is the Joseph Goldstein Lecturer in Law and Knight Distinguished Journalist-in-Residence at Yale Law School. That follows a 40-year career at the New York Times, where she covered the U.S. Supreme Court. She currently writes a biweekly op-ed column about the Supreme Court for the New York Times website.

Jonathan Turley, a professor at George Washington University Law School, focuses his academic work on constitutional matters, legal theory and tort law. He also writes an eponymous blog; is a member of USA Today's board of contributors; and had done legal analyst work for CBS and NBC.

Jan 05, 2015
ABA Journal: Modern Law Library : All is not as it seems for 9th Circuit clerk in ATL founder's new novel (podcast)
16:17

In this episode of the Modern Law Library, moderator Lee Rawles chats with Above the Law's David Lat about his novel Supreme Ambitions, his career, and his time as the anonymous author of the sometimes-scandalous blog Underneath Their Robes.

Dec 17, 2014
ABA Journal: Asked and Answered : How lawyers can use social media responsibly to promote their clients' cases
19:51

Social media is an easy (and often free) tool that litigators can use to share their clients' stories. But how much is too much, and what if you post something that you'll regret later?

In this month's Asked and Answered podcast, we speak with Anthony C. Johnson, a plaintiffs personal injury lawyer who previously owned a search engine optimization and marketing company. He shares with moderator Stephanie Francis Ward some ideas about using Twitter, Facebook - and even Instagram - in a mindful manner.

Anthony C. Johnson, an Arkansas plaintiffs personal injury lawyer, is a partner with Johnson and Vines. Johnson is a former SEO/SEM/Web-development company owner who was featured by the ABA Journal as one of "America's Techiest Lawyers" in 2012.

Dec 01, 2014
ABA Journal: Asked and Answered : How to Network Without Feeling Slimy
17:40

Lawyers are often told how important professional networking is. But many find it so uncomfortable they feel physically dirty. Why is professional networking so distressing to so many? And how can you overcome it and be successful?

In this month's "Asked and Answered" podcast, we speak to Tiziana Casciaro, one of the authors of a recent study, "The Contaminating Effects of Building Instrumental Ties: How Networking Can Make Us Feel Dirty," published in Administrative Science Quarterly. She shares with moderator Stephanie Francis Ward some tips for getting past this mental block, and how to feel better about reaching out to potential clients and colleagues.

Tiziana Casciaro is an associate professor of organizational behavior at the University of Toronto's Rotman School of Management. Her work focuses on the social-psychological mechanisms responsible for the formation and growth of social networks within and between organizations. She's also a co-author of a recent Administrative Science Quarterly article, "The Contaminating Effects of Building Instrumental Ties: How Networking Can Make Us Feel Dirty."

Nov 03, 2014
ABA Journal: Asked and Answered : Do you have what it takes to be a rural lawyer?
17:39

Many young law grads are being urged to move out of large cities and into rural areas, where there aren't as many attorneys competing for work. As we reported in the ABA Journal's October cover story, there are many small communities in rural America that are woefully underserved, and access to justice is a real problem. It would seem a prime idea to hang your shingle in one of these small towns.

But what does it take to run a successful legal practice in a rural area? Asked and Answered moderator Stephanie Francis Ward speaks with Lorelei Laird, the reporter who wrote our cover story, and Bruce Cameron, who runs a solo practice in rural Minnesota.

Oct 06, 2014
ABA Journal: Modern Law Library : How a series of attacks by a breakaway Amish sect became a landmark hate-crimes case
23:31

The Amish religion is a branch of Christianity that adheres to a doctrine of simplicity, nonviolence and forgiveness. How then did a breakaway group come to be implicated in the first federal trial to prosecute religiously motivated hate crimes within the same faith community?

From September to November in 2011, there was series of five attacks against nine Amish victims in Ohio in which their beards or hair were shorn. Some were left bruised and bloodied. Several victims had their homes invaded in the dead of night, while others were lured to a settlement in Bergholz, Ohio, and then attacked. The alleged perpetrators were from a breakaway Amish community in Bergholz, led by a bishop named Samuel Mullet. Some victims were estranged family members of the attackers, while others had crossed Mullet in some way.

State officials called on federal prosecutors to take over the case and to try the alleged perpetrators under the Shepard-Byrd Act, a federal hate crimes law. Sixteen people were charged in the attacks in U.S. v. Miller, including Mullet. The jury found the 10 men and six women guilty of a total of 87 counts out of 90. But how did it come to this?

Donald Kraybill, a professor of Amish studies, was an expert witness in the trial. He has written Renegade Amish: Beard Cutting, Hate Crimes and the Trial of the Bergholz Barbers, to explain the history of the case, and the sociological and religious factors that led to the attacks.

Though the Cincinnati-based 6th U.S. Circuit Court of Appeals overturned the convictions in a 2-1 decision, based on their interpretation of "but for" causation in the 2009 hate-crimes act, they allowed for a retrial.

Kraybill does not think that this will be the end of the case. In this podcast, he shares with the ABA Journal's Lee Rawles the backstory behind the case; what it was like for him to testify; and what he feels the implications of the 6th Circuit's decision will be.

Sep 30, 2014
ABA Journal: Asked and Answered : How do you provide client hand-holding if you run a virtual firm? (podcast)
21:43
Sep 08, 2014
ABA Journal: Modern Law Library : Boies and Olson reveal the backstory of the case against California’s Proposition 8 (podcast)
21:08
Aug 28, 2014
ABA Journal: Asked and Answered : How do we fix the school-to-prison pipeline? (podcast with transcript)
20:35
Aug 04, 2014
ABA Journal: Modern Law Library : Growing up during BTK serial-killing spree informed author’s new crime novel (podcast)
19:49
Jul 28, 2014
ABA Journal: Asked and Answered : Bryan Garner on legal neologisms and how ‘Black’s Law Dictionary’ keeps up (podcast with transcript)
16:59
Jul 07, 2014
ABA Journal: Modern Law Library : Why should 9/11 terrorism trials be held at ‘Mother Court’ in New York? Author explains (podcast)
14:36
Jun 30, 2014
ABA Journal: Asked and Answered : How to deal with high-conflict clients (podcast with transcript)
22:25
Jun 02, 2014
ABA Journal: Modern Law Library : How 50 children were saved from Nazi Germany by a Philadelphia lawyer and his wife (podcast)
17:49
May 29, 2014
ABA Journal: Asked and Answered : Free yourself from notecards at trial with these tips (podcast with transcript)
16:41
May 05, 2014
ABA Journal: Modern Law Library : This 18th-century British judge helped SCOTUS decide the fate of Guantanamo detainees (podcast)
13:01
Apr 30, 2014
ABA Journal: Asked and Answered : How lawyers can get the most out of Facebook’s paid status updates (podcast with transcript)
16:43
Apr 07, 2014
ABA Journal: Modern Law Library : ‘Emergency Sasquatch Ordinance’ author shares weird-but-true laws from around the globe (podcast)
10:28
Mar 27, 2014
ABA Journal: Asked and Answered : Time for a career change? Advice for lawyers on switching things up (podcast with transcript)
18:53
Mar 03, 2014
ABA Journal: Modern Law Library : What makes lawyers great romance novelists? (gallery and podcast)
08:57
Feb 13, 2014
ABA Journal: Asked and Answered : Lawyer’s guide to planning travel adventures (podcast with transcript)
14:39
Feb 03, 2014
ABA Journal: Modern Law Library : What martial arts training can do for lawyers (podcast)
14:43
Jan 23, 2014
ABA Journal: Asked and Answered : How lawyers can dig themselves out of debt and plan for a future (podcast with transcript)
19:15
Jan 07, 2014
ABA Journal: Modern Law Library : What were the best legal novels of 2013? (podcast)
13:43
Dec 19, 2013
ABA Journal: Asked and Answered : How law firms can use technology to save money (podcast with transcript)
20:13
Dec 02, 2013
ABA Journal: Modern Law Library : Unconventional childhood helps ‘Free Spirit’ author to advocate for domestic-abuse victims (podcast)
20:08
Nov 25, 2013
ABA Journal: Asked and Answered : Veteran lawyers share their ‘aha’ trial moments (podcast with transcript)
17:47
Nov 04, 2013
ABA Journal: Asked and Answered : How law firms can use LPOs to their own advantage (podcast with transcript)
15:03
Sep 30, 2013
ABA Journal: Modern Law Library : Government surveillance revelations are having a chilling effect on lawyers, says author (podcast)
20:56
Sep 16, 2013
ABA Journal: Asked and Answered : They started their own firm right after law school—and so can you (podcast with transcript)
20:01
Sep 03, 2013
ABA Journal: Modern Law Library : Rosa Parks’ attorney: ‘If the story would be told, I’d have to tell it’ (podcast)
18:11
Aug 20, 2013
ABA Journal: Asked and Answered : What you don’t learn about trial work in law school (podcast with transcript)
22:48
Aug 05, 2013
ABA Journal: Asked and Answered : SCOTUSblog founder shares tips for business development and marketing (podcast with transcript)
26:38
Jul 01, 2013
ABA Journal: Modern Law Library : Author on how ‘tremendously radical’ women blazed trails into the legal profession (podcast)
23:42
Jun 10, 2013
ABA Journal: Asked and Answered : ‘Aggressive’ is not a dirty word for women rainmakers (podcast with transcript)
Jun 03, 2013