Legal Talk Network - Law News and Legal Topics

The legal profession places an enormous premium on getting judicial clerkships, which usually offer both valuable learning experiences and a major boost to a young lawyer’s future prospects. But, are there potential downsides to clerkships? Some law clerks have a wonderful experience, but too many have had an experience marked by harassment and mistreatment at the hands of an abusive judge. Molly Ranns and JoAnn Hathaway welcome Aliza Shatzman to talk about her personal story and her efforts to bring transparency and awareness about the full range of clerkship experiences to lift current stigmas and prevent future judiciary workplace mistreatment. Aliza Shatzman is the president and co-founder of the Legal Accountability Project. Learn more about your ad choices. Visit megaphone.fm/adchoices

Is our current approach to legal tech education helping or hurting lawyers? Dennis and Tom think through this question out loud, pondering whether lawyers can truly learn what they need to know through the typical legal tech conference session or CLE class. The guys might not agree, but they hash out their thoughts on learning opportunities, tech engagement, new approaches to tech-ed resources, and more. Later, time for another round of Thumbs Up/Thumbs Down! Dennis reveals his latest scheme for creating better legal profession standards for technology competence, placing both Tom and himself on a “task force” of sorts. Does Tom want to join in on this tech-competence dictatorship? Tune in to find out. As always, stay tuned for the parting shots, that one tip, website, or observation that you can use the second the podcast ends.Have a technology question for Dennis and Tom? Call their Tech Question Hotline at 720-441-6820 for the answers to your most burning tech questions.As Dennis mentioned, be sure to check out episodes from the Fresh Voices Series: Nick Rishwain Amani Smathers Ivy Grey Tiffany Graves  Natalie Knowlton Chase Hertel Kristen Sonday  Show Notes - Kennedy-Mighell Report #347A Segment: Learning at Legal Tech ConferencesB Segment: Thumbs Up/Thumbs DownParting Shots: Notebook LM: https://notebooklm.google/ Displaying and Evidencing Contract Terms in a Post-Visual Era” - https://www.michiganstatelawreview.org/vol-20222023/2023/4/6/displaying-and-evidencing-contract-terms-in-a-post-visual-era;   LTRC Roundtable Discussion: Phishing and Email Scams - https://www.lawtechnologytoday.org/2023/08/ltrc-roundtable-discussion-phishing-and-email-scams/ Learn more about your ad choices. Visit megaphone.fm/adchoices

A new set of laws has just been enacted by the 88th Texas Legislature, and the September 2023 edition of the Texas Bar Journal is chock full of informative articles on these changes. To look at some of these laws in greater detail, Rocky Dhir welcomes Kristal Thomson and Jerry Bullard to discuss their articles on the areas of family law and civil litigation/appellate law, respectively. Tune in to keep ahead of the latest updates! Kristal explains what did and didn’t change for the Texas Family Code and other updates for family lawyers, and Jerry offers pertinent information for civil trial and appellate practitioners.Kristal C. Thomson is a partner in the family law practice group of the firm Langley & Banack in San Antonio.Jerry D. Bullard is a shareholder in the Grapevine firm of Adams, Lynch & Loftin. Learn more about your ad choices. Visit megaphone.fm/adchoices

Stephanie talks with our new Lawyerist Lab business coach, Leticia DeSuze, about what is holding most business owners back and how working with a business coach can help. They also explore why it is time to be radically honest with ourselves about what we are—and aren’t—willing to do.   Links from the episode:  If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap Revisited yet, get the first chapter right now for free! Thanks to Posh Virtual Receptionists, Postali & LawPay for sponsoring this episode.  Learn more about your ad choices. Visit megaphone.fm/adchoices

Also, how to create a culture that welcomes Biglaw vacations.------Amy Coney Barrett recently spoke publicly about how she longs for the days when most Americans couldn't recognize Supreme Court justices, highlighting that justices don't have to be there long for a culture of unaccountability to set in. Speaking of which, the majority of Clarence Thomas's former clerks signed an open letter shrugging off his ethical problems. But the real question is... did any of them bother to read a draft before signing on? And a managing partner wrote the firm about the virtues of taking a real vacation and got some blowback from attorneys. Learn more about your ad choices. Visit megaphone.fm/adchoices

It’s infuriating when opposing counsel refuses to pick depo dates, makes excuses to delay proceedings or just plain ghosts you. We believe justice delayed is justice denied, and hope today’s tips can help you push your case forward when the other side digs in with common delay tactics. Learn more about your ad choices. Visit megaphone.fm/adchoices

As both an attorney and judge, Thomas Moukawsher has spent the majority of his career dealing in complex litigation. And the Connecticut Superior Court judge would like to make the legal system—well, less complex. In this episode of the Modern Law Library, Moukawsher and the ABA Journal's Lee Rawles discuss his ideas and his new book, The Common Flaw: Needless Complexity in the Courts and 50 Ways to Reduce It. Instead of advocating for legislation to simplify the court process, Moukawsher says many of his ideas could be immediately put into practice by judges. Many of Moukawsher's theories were developed in the wake of having to make changes in court proceedings during the COVID-19 pandemic while court buildings were closed. He says being forced to reexamine the habitual ways cases were heard was actually beneficial. Realizing how much could be conducted remotely gave him confidence that broader systemic changes in that direction are worth trying. One such suggestion is to conduct more jury trials remotely to increase juror numbers and diversity. The Common Flaw contains many concrete suggestions for lawyers and attorneys to streamline trials, but it was also written to be enjoyed by the public, Moukawsher tells Rawles. To that end, concepts are liberally illustrated with cartoons, and despite having 51 chapters, the book is not doorstopper-length. Speaking of length, one of Moukawsher's largest concerns is that the length of time many cases drag on decreases public confidence in the legal system as a whole. He says he sees this often in family court, where conflicts that could be handled in weeks stretch out through months or years and can lead to bankruptcy. He and Rawles also discuss his thoughts on the billable hour; how his ADHD helped him prune away unnecessary flummery in court processes; how he would rethink the job duties of law clerks; and his top tips for not fumbling cross-examinations. Learn more about your ad choices. Visit megaphone.fm/adchoices

“A client who has been through several lawyers is probably a client you wish you didn’t have.” St. Louis plaintiff Attorney Alvin Wolff has been practicing for over four decades and his entertaining tips offer wit and wisdom for any attorney. Learn more about your ad choices. Visit megaphone.fm/adchoices

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

What’s up at the U.S. Supreme Court, which has rocked the legal world with a conservative majority rolling back rights the rights of minorities, including 2023 rulings against affirmative action for college admissions and affirming the rights of business owners to deny service to LGBTQ patrons based on religious beliefs. Guest Stephen Vladeck is a professor of law, nationally recognized expert on constitutional law and the Supreme Court, and the author of the book “The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic.” The Supreme Court has been exposed in recent years as an institution unbound by checks and balances and appears unaccountable to anyone. The Court regularly shapes the American system of justice through a “shadow docket,” decisions and rules made apart from headline cases. Are we witnessing a crisis in the judicial branch? Is this a Court that can do what it wants when it wants? What happens to ethics, accountability, improprieties? Plus, tips about discovery and the potential pitfalls of third-party collaboration apps (such as Slack and Teams). Hear what rules apply, and which ones don’t. Learn more about your ad choices. Visit megaphone.fm/adchoices