Legal Talk Network - Law News and Legal Topics

Let’s talk about the F-word in Workers’ Compensation: Fraud. Guest Connor Thomson is a second-year law student at Villanova University who won the College of Workers’ Compensation Lawyers John F. Burton Jr. Law Student Writing Competition with his paper “Fight Fire With Fire: The Need For Carriers To Be Afforded More Duties And Privileges To Combat The Pandemic Of Workers’ Compensation Insurance Fraud.” He explores an interesting, challenging issue in Workers’ Comp: Are employees sometimes cheating the system? Workers’ Comp insurance fraud is a multibillion issue. Thomson takes a deep dive. The system does a lot of good, and employer fraud hurts workers. It happens. All fraud is wrong. But sometimes employees cheat, they collect a check for a workplace disability, but they work on the side, maybe under the table. That’s not a victimless crime either. It hurts us all, Thomson argues. Sure, employers do check on workers who file claims, including the use of private investigators. And that comes with its own issues. But Thomson says controlling insurance fraud may have its place. If carriers can’t investigate, does everyone suffer because of higher insurance costs? This is an intriguing issue. Mentioned in this Episode:Workers Comp Matters, “Dissecting Fraud”Connor Thomson “Fight Fire With Fire: The Need For Carriers To Be Afforded More Duties And Privileges To Combat The Pandemic Of Workers’ Compensation Insurance Fraud” College of Workers’ Compensation Lawyers John F. Burton Jr. Student Writing CompetitionCoalition Against Insurance FraudCoalition Against Insurance Fraud study and findings Insurance Journal articles on Workers’ Comp fraudJesse Maxwell v. AIG Domestic ClaimsFrontline, “The Myth Of Workers’ Compensation Fraud”Workers Comp Matters, Legal Talk Network, archived episode, “The History of Workers’ Compensation With John F. Burton Jr.” Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, Tyler Pigott joins me to discuss how you can level up your website as a lawyer and law firm. From building IT and creative teams for a biotech startup to developing and launching a national beverage product, Tyler's background is in creating things that just work.As CEO of Lone Fir, his favorite task is to cheer on others — whether it’s his employees, fellow agency owners or clients.Tyler gives listeners actionable tips on: [2:50] Where to start when assessing a client's website [9:15] What to look for if you feel your website isn’t converting [15:!5] Predicting what your client wants [16:30] Remembering the size of your business and firm [18:50] Having clear call to actions on your website [22:40] Writing transitional calls to action [24:05] Benefits of a website redesign  [29:10] Tyler’s book review [33:30] One big takeaway from this episode Resources mentioned in this episode:Who not How by Dan SullivanConnect with Tyler here: https://www.linkedin.com/in/tylerpigott/ https://www.lonefircreative.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

Despite Tom’s attempted prohibition of ChatGTP on this podcast, it’s weaseled its way in once again. The guys take a hard look at where ChatGPT is really at right now, discussing both its capabilities and its limitations as of yet. Dennis shares insights from the hundreds of experiments he’s tried with ChatGPT and explains where this tech still falls short in its results. They also discuss generative AI in the legal profession and whether its current uses are cause for concern or optimism. Later, are the guys officially calling it quits with Twitter? Dennis & Tom talk through the latest Twitter annoyances; new social media possibilities like Bluesky, Mastodon, and new-to-scene Threads; and where they think the future of these platforms is headed.  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.Mentioned in this Episode:Google Magic EraserKMR Episode: Demand-Side Sales with Bob Moesta — How Quitting Selling Helps You Create a Better Client Experience Dennis’ Latest Articles: Legaltech Hub KMR Episode: Hypes and Lows: Breaking Down the Technology Hype Cycle Learn more about your ad choices. Visit megaphone.fm/adchoices

Stephanie and Joey Coleman, author of Never Lose an Employee Again: The Simple Path to Remarkable Retention, explore the crucial role the employee experience plays in creating a happy and engaged team.  Learn the steps team leaders can take to create a place where everyone LOVES their job. They delve into the power of creating memorable experiences throughout the employee journey—starting with the hiring process and through an employee’s first 100 days, which plays a vital role in long-term commitment and loyalty.  This episode is packed with lots of practical tips to give you ideas to start implementing immediately. Listen to the end to learn one easy thing you can do today to show your appreciation to your team.   Links from the episode:  Never Lose an Employee Again by Joey Coleman 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

State Bar President Cindy Tisdale and Texas Young Lawyers Association President Laura Pratt were sworn in at the annual meeting in Austin this June. Rocky Dhir sits down with both to discuss their plans for their presidencies in the coming year. Cindy shares her intention to study AI, focus on civility, and continue to develop more wellness tools for Texas attorneys. Laura discusses TYLA’s focus on public service, her plans to improve and update previous TYLA projects, and her developing website devoted to helping young people with everyday “adulting” topics. Cindy Tisdale is a board certified family law attorney and 2023-24 President of the State Bar of Texas.Laura Pratt is a commercial litigator at Sprouse Shrader Smith PLLC and 2023-24 President of TYLA. Learn more about your ad choices. Visit megaphone.fm/adchoices

Why would a law firm hire a PR agency? Well, if you’ve ever wished your firm was known for its expertise and thought leadership, a PR agency might be just the thing. Jared brings on Michelle Calcote King to talk through the lawyer/PR relationship and its potential for improving your credibility, furthering your reach, and growing your business.The rest of the show is a total Succession-fest. Jared’s monologue spoils the entire beginning, middle, and end of the series, so listeners beware. And, later on in the Rump Roast, Jared welcomes his own kids for dramatic readings of some favorite Succession quotes.Michelle Calcote King is principal and president of Reputation Ink.-----We have fun on this show, but today it's all business - Succession style.-----Our opening track is Two Cigarettes by Major Label Interest.Our Rump Roast song is Macbeth by JeesGuy.Our closing track is Lucky Day by SPARKZ. Learn more about your ad choices. Visit megaphone.fm/adchoices

Between threatening Facebook and suing Wachtell, the Chief Twit is pretty active. We also talk about the end of the Supreme Court Term and the struggles in bar prep.------Elon Musk is desperately seeking a win and if he can't get it in a cage match against Mark Zuckerberg, he'll try his hand in court. Spoiler: it's going to go just about as badly. He's sent a legal threat to Facebook that fails to articulate much in the way of a legal issue and now he's suing Wachtell for being the lawyers that forced him to buy the company in the first place. Meanwhile the Supreme Court Term ended in a blaze of gaslighting and a hail of disingenuous spin. And now law schools are facing legal threats if their student body looks diverse. Finally, bar prep is just a little bit more stressful for students prepping with Themis, which continues to suffer website problems in the critical weeks before the exam. Learn more about your ad choices. Visit megaphone.fm/adchoices

Let’s talk technology, eDiscovery, Chat GPT and how to make use of our time in a productive way. All of these tools are coming at us lightning fast – listen to our discussion with Joy Holley, John Simon and Erich Vieth on where to start the learning process. Learn more about your ad choices. Visit megaphone.fm/adchoices

Erica has “thunder tears.” Liz becomes “hot garbage.” We’ve all had days where life is a big hot mess. In this encore episode, Amy, Mary, Erica and Liz talk about how they re-center when everything goes sideways, and how to downplay the guilt that goes with it. Learn more about your ad choices. Visit megaphone.fm/adchoices

“If you don’t have it in writing, you’re out of luck.” That’s the common wisdom you’ll hear from TV judges, helpful uncles, well-meaning friends and even lawyers in your life. But while getting an agreement in writing is a best practice, in some cases you—or your clients—might have more options than you think to enforce a unwritten agreement.While the foundational principle of the Statute of Frauds holds that contracts must be written and signed to be enforced, there is a tool to create an exception. This tool is laid out in detail by Paul Golden in his new book, Litigating Constructive Trusts: The Last Resort in Fighting Inquity and Inequity. Golden, who has extensive experience in real estate and trust and estate law, believes far too few attorneys are aware of the potential benefits of constructive trusts.In this episode of the Modern Law Library, Golden explains the concept of a constructive trust to the ABA Journal’s Lee Rawles. A constructive trust is a “legal fiction,” where (broadly speaking) a judge decides that between two parties with a relationship where trust could be assumed, there has been an egregious betrayal of that trust and an unjust enrichment to the betrayer. The judge can then retroactively declare that even without a written contract, a defendant had a fiduciary duty to the victim, and victim’s property must be returned to them.“Traitorous partners, gold-digging girlfriends, old ladies being tricked out of preparing a fair will, and plain old murder,” writes Golden in the book. “These have been, and will continue to be, the subjects of constructive trusts. The facts in some constructive trust cases are so outrageous, one often feels like a voyeur, but without the shame.”Golden explains the special benefits of a constructive trust, as well as defenses that can be made if your client is the subject of a constructive trust claim. Different jurisdictions have different standards for constructive trusts, and Golden and Rawles discuss the state of New York’s 4-prong test in detail. Most constructive trusts are based on case law, but some states do have civil code about them. Golden offers advice to lawyers looking to use a constructive trust argument, and lists common trial issues they might face, including how to convince a judge they have the power to act to avert a deep injustice from continuing. Learn more about your ad choices. Visit megaphone.fm/adchoices