Legal Talk Network - Law News and Legal Topics

And they're running out of a bunch of lawyers.A surprising level of jerk content this week as we discuss the value of real Jamaican jerk seasoning, Clarence Thomas getting his RV financed by a health care executive, Alan Dershowitz complaining about his neighbors, and Judge Aileen Cannon botching straightforward criminal law (more than once). Learn more about your ad choices. Visit megaphone.fm/adchoices

For decades, lawyers who worked in BigLaw could expect some version of the following: Work long hours, including nights and weekends, with minimal free time, giving up almost all semblances of a social life. The reward: money and a potential partnership. And if you didn’t like it, there was the door. And if you were having mental health or wellness issues, then suck it up and deal with it. Learn more about your ad choices. Visit megaphone.fm/adchoices

 The scope of your pleadings dictates the scope of your discovery, and it’s important to make sure your pleadings are broad enough to allow discovery into all the product issues you need to explore. This two-part discussion outlines a discovery checklist for product liability cases, including what documents and persons may be pertinent to your case and how to track them down. Learn more about your ad choices. Visit megaphone.fm/adchoices

Liability waivers appear all around us…..on amusement park tickets, at ax throwing establishments, prior to medical procedures and maybe even as a requirement from your son’s friend’s parents before that weekend party at their lake house. Are these documents really enforceable, or are they just toothless deterrents? And should you sign them? Learn more about your ad choices. Visit megaphone.fm/adchoices

Professor Stephen Vladeck, author of the New York Times bestselling book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic, discusses how the Supreme Court has dramatically expanded the use of the little-known - and poorly understood - "Shadow Docket" to approve unconstitutional voting processes, abortion bans, restrictive immigration policies, and expanded religious liberties. Vladeck is a CNN Supreme Court analyst and cohosts an award-winning national security law podcast. Learn more about your ad choices. Visit megaphone.fm/adchoices

Berkeley Research Group (BRG) is a Premier Sponsor of the ABA Litigation Section. On this Litigation Radio episode, we will hear from Richard Finkelman, Managing Director of BRG, about hiring economists as experts. The selection of the BRG as the subject of this interview should not be construed as an endorsement by the American Bar Association of BRG and its services.-----Is your firm using Artificial Intelligence (AI)? Should it be? AI is expected to have a profound impact on the practice of law. Lawyers are already using AI in their practices to review documents and conduct research. Yet, as the technology emerges, there are ethical, privacy, and practical concerns.Guest Richard Finkelman of the global consulting firm Berkeley Research Group (BRG) is an expert in AI applications in the legal profession. Finkelman is sees AI and machine learning already widely in use, specifically in e-discovery and document review. Four out of five legal firms surveyed by BRG employ AI in some capacity. This is the stuff of today, not the future.AI can already determine if a document is subject to privilege, pinpoint which documents need review, and even scan expert testimony (yours and theirs) for red flags. This speeds workflow, improves accuracy, and protects against potentially sensitive errors. Never again worry about accidentally turning over a privileged document or intellectual property? That sounds nice, but there are risks.Hear how you can incorporate AI tech into your practice, provide disclosures at the start of a case, check for accuracy, and avoid boxing yourself in with pre-trial agreements without knowing what’s coming next in the field. Learn this stuff before your next case.Mentioned in this Episode:ChatGPTGoogle BardAmerican Bar AssociationAmerican Bar Association Litigation Section“Artificial Intelligence and Machine Learning Report,” by Richard Finkelman at BRG Learn more about your ad choices. Visit megaphone.fm/adchoices

Productivity practices are essential—even life-changing—in legal practice. If you’re feeling overwhelmed, that your time is not your own, hopelessly behind on technology, or that you just can’t seem to balance work and life, learning productivity strategies can help. JoAnn Hathaway and Molly Ranns talk with Dan Siegel and Allison Johs about their book, “How to Do More in Less Time: The Complete Guide to Increasing Your Productivity and Improving Your Bottom Line, Second Edition.” Dan and Allison share the most recent updates to their book, including pertinent information addressing post-pandemic, tech-fueled changes facing the legal profession. The ABA has provided a 20% discount code for listeners! Enter HTDMILT23 at checkout for How to Do More in Less Time: The Complete Guide to Increasing Your Productivity and Improving Your Bottom Line, Second EditionDaniel J. Siegel is a nationally recognized authority on ethics, technology, data protection and business workflow management, and the principal of both the Law Offices of Daniel J. Siegel, LLC and Integrated Technology Services, LLC.Allison C. Johs, Esq., is president of Legal Ease Consulting, which provides marketing, social media, business development, productivity, and practice management coaching and consulting for lawyers and law firms. Learn more about your ad choices. Visit megaphone.fm/adchoices

What about the rights of an injured worker’s spouse and family members after a work-related injury or illness? Guest Michael Duff, law professor, former blue-collar worker, and expert on Workers’ Comp walks us through the California “Kuciemba Case,” a case where an employer may have violated COVID-19 pandemic regulations, infecting several workers. Victim Peter Kuciemba was infected and later his wife contracted the illness and ended up on a ventilator. Is he entitled to Workers’ Compensation? Beyond that, what about his wife?This is a tough issue that comes down to what’s called the “exclusive remedy,” meaning Workers’ Compensation protections are understood to be responsible for workplace injuries, replacing civil tort liability. But if a spouse isn’t part of the employment contract, does “The Grand Bargain” apply? Remember the sickened meat packers during the pandemic. The legal system said family members of workers who infected them, as a result of contracting the illness at work, cannot sue the workplace. Workers’ Comp trumps the civil case, even in case of employer negligence. Now, let’s go deeper. What about a non-family member, such as a romantic interest, or a friend? This episode goes down a rabbit hole. But if you’re an attorney representing workers in workplace injuries, you’ve got to be thinking this way. How far does exclusive remedy go?Mentioned in this Episode:“At Least 59,000 U.S. Meat Workers Caught COVID-19 In 2020, 269 Died,” PBS Newshour Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, Dr. Kai-Markus Müller joins me to discuss and understand the psychology behind pricing models and pricing structure, and how to better frame legal fees.Kai-Markus Mueller is a Professor of Consumer Behaviour at HFU Business School of Furtwangen University in Schwenningen, Germany, and Director of Pricing Research at Neurensics, Amsterdam. He previously founded and ran a start-up where he developed NeuroPricing™, a suite of neurotechnology-based methods to measure and model the optimal price – meanwhile acquired by Neurensics. Before, Kai gained experience both as a neurophysiologist at the US government and as a strategy consultant with an international management consultancy. He holds a PhD in neuroscience. His work has been featured by the BBC, Forbes, Businessweek, ZDF, Der Spiegel and many more. His latest milestone is a book co-authored by top sales expert Gaby Rehbock titled “The Invisible Game – The Secrets and the Science of Winning Minds and Winning Deals”.Kai-Markus gives listeners actionable tips on: [4:00] The main mistakes lawyers make on discovery calls [7:15] Does a ‘payment threshold’ exist? [13:40] How to apply Kai-Markus’ research to attorney pricing strategies  [14:50] The price quality heuristic  [16:55] How to create perceived value without going too far [21:15] Tips build reassurance and trust [24:45] Changing value by how we frame things and understanding decoy pricing [32:40] Kai-Markus’ book review [36:00] One big takeaway from this episode Resources mentioned in this episode:Noise by Daniel KahnemanConnect with Kai-Markus here: https://twitter.com/neuropricing https://www.facebook.com/kaimarkus.mueller https://www.linkedin.com/in/kaimarkusmueller/ www.kai-markus-mueller.com Connect with me Instagram Pinterest Facebook Twitter Karin on Twitter Karin on LinkedIn Conroy Creative Counsel on Facebook https://conroycreativecounsel.com    Learn more about your ad choices. Visit megaphone.fm/adchoices

Mark Geragos made a name for himself successfully representing Susan McDougal, President Bill Clinton’s erstwhile business partner, following her conviction related to the 1990s Whitewater controversy. Since then, he has represented many prominent figures—from politicians to Hollywood elites to pro athletes and more—and has a multitude of fascinating stories to tell. DeMario Thornton talks with Mark about his path through law school, his career choices, and much more. Mark Geragos is Principal with the internationally known trial law firm of Geragos & Geragos where he has represented some of the most prominent figures in the world. Learn more about your ad choices. Visit megaphone.fm/adchoices