Legal Talk Network - Law News and Legal Topics

From the administrative state to voting rights, they're just sort of winging it trying to reverse engineer results. ----- As Supreme Court season hits fever pitch, we're joined by Professor Leah Litman, author of Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes, to discuss the nightmare we're facing. Elena Kagan took the opportunity to humiliate her colleagues last week calling out an arbitrary carve out created to protect their investments. Kagan's frustration seems to be growing down the stretch, having just eviscerated the government in the birthright citizenship case. Meanwhile, Kristi Noem failed introductory constitutional law in front of the Senate, flailing as she tried to define habeas corpus. Learn more about your ad choices. Visit megaphone.fm/adchoices

David Roland founded the Freedom Center of Missouri to pursue legal protection of our constitutional rights to economic liberty and free speech. Our three-part series is a vital refresher on landmark cases and our ongoing responsibility to litigate for freedom. Learn more about your ad choices. Visit megaphone.fm/adchoices

In April, LSC published a research brief, “The Economic Case for Civil Legal Aid,” which shows the results of a systematic review of 56 economic impact studies conducted between 2003 and 2023. The independent evaluations examined 39 different states. Every study found a positive return on investment (ROI) for civil legal aid spending, with an average return of $7 for every $1 invested in these legal services. Hear one compelling example from a medical-legal partnership between Amerihealth Caritas D.C. and Children's Law Center. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this hands-on, in-the-trenches episode about real business development, learn the secrets to acquiring and signing new clients from law firm advisor Steve Fretzin, author of the new book “Be That Lawyer: The 101 Top Rainmaker Secrets to Growing a Successful Law Practice.” Fretzin, an accomplished author, business strategist, and podcaster, works with law firms big and small to help them prioritize goals, build their business, and achieve measurable, repeatable successes. Business development is more than buzzwords such as “branding” or “marketing,” it’s about the entire, intentional path to creating a business that is always growing, always producing. It’s the process of becoming the lawyer that everyone knows and everyone goes to: a rainmaker. As Fretzin says, “Be that lawyer.”  Hear about “sales-free selling” with a thoughtful, insightful approach to learning what clients need before you start pitching a service. Develop a checklist, a map, for building your business that you can put to work today. Developing a business can be confusing, with a lot of moving parts. Fretzin explains how it all comes together. Mentioned in This Episode: Books by Steve Fretzin  Previous appearance on The Un-Billable Hour, “Business Development: Planning and Practicing” Join the next Community Table live. What’s on your mind?  Learn more about your ad choices. Visit megaphone.fm/adchoices

Chief Justice John Roberts recently called out the Trump administration for their threats to impeach judges who have ruled against them. In response to these threats to the judiciary, the Keep Our Republic’s Article III Coalition, composed of over twenty former federal district and circuit judges  appointed by Presidents Reagan, George H.W. Bush, Clinton, George W. Bush and Obama, defended the federal judiciary, as political impeachment attempts against judges increase and the federal courts system face heightened scrutiny. In this episode, Craig is joined by Chief Judge Paul R. Michel, formerly of the U.S. Court of Appeals for the Federal Circuit and member of Keep Our Republic's Article III Coalition. Together, Craig and Judge Michel discuss the calls for impeachment of judges by the current administration, and how a coalition of judges is fighting back. Mentioned in this Episode: Keep Our Republic's Article III Coalition Learn more about your ad choices. Visit megaphone.fm/adchoices

Ready for a serious look at the future of your law firm? In this Lawyerist Podcast episode, Zack Glaser sits down with a panel of law school professors for a wake-up call about something that will fundamentally reshape your practice: the tech-savvy generation of law students entering the field. This isn't a distant trend; it's happening now, and it demands your attention.  We explore how these future lawyers are already operating differently. You'll hear firsthand about their strong preference for the Google ecosystem – and why that directly impacts your firm's current reliance on tools like Microsoft Word. This isn't just about software; it's about the shifting expectations and workflows these digital natives are bringing with them as they become your colleagues.  Here's where it gets interesting for you: we explore how you can leverage this change to your firm's advantage. The professors share insights on how these students are uniquely positioned to drive AI adoption within your practice. Think of them as an untapped resource, ready to experiment with and implement AI-powered services that can elevate your firm's capabilities and even open doors to new service areas.  And let's be clear, you can't afford to ignore the rising importance of tech fluency, especially in AI. The professors don't mince words: a lack of understanding in this area will directly impact your ability to serve clients effectively. In a world swimming in digital data, from car sensors to smart devices, your firm's relevance depends on it.  This episode is your essential guide to:  Stay ahead of the curve in a rapidly evolving legal landscape  Unlocking the potential of the next generation of legal talent  Building a future-proof firm that thrives on innovation  Tune in!  Listen to our other episodes about Artificial Intelligence:  #556 Hidden Data: What Lawyers Need to Know About Digital Forensics, with Cole Popkin Apple Podcasts  Spotify  Lawyerist  #538: AI is Making Law Firms Obsolete, with Alistair Vigier Apple Podcasts  Spotify  Lawyerist  #551: Becoming the AI Driven Leader, with Geoff Woods Apple Podcasts  Spotify  Lawyerist    Have thoughts about today’s episode? Join the conversation on LinkedIn, Facebook, Instagram, and X!   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! Looking for help beyond the book? See if our coaching community is right for you.  Access more resources from Lawyerist at lawyerist.com.  Chapters/Timestamps:    00:00 – Intro: The Tech-Savvy Future of Law - Google Natives vs. Word Warriors  01:13 – The Google-Native Generation of Lawyers    02:51 – Changing Communication Norms    04:35 – Meet the Guests: Law School Professors on the Frontlines    06:21 – Teaching AI in Law School: An Overview    08:01 – Dennis Kennedy on AI in the Classroom    10:11 – Nicole Morris on AI Governance and Research    15:03 – Tracy Norton on AI as a Legal Writing Tool    25:25 – Is AI Dumbing Down Legal Education?    30:23 – Why Law School Must Teach AI    35:41 – How Should Professors Grade AI-Generated Work?    41:46 – Using AI to Improve the Classroom Experience    47:00 – How AI Will Change Legal Mentorship    52:19 – The Future of Law Firms and AI Expectations    55:25 – Final Thoughts: You Can’t Tap Out of AI    57:52 – Outro    Learn more about your ad choices. Visit megaphone.fm/adchoices

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

Attorneys Jeffrey Rapattoni and Adam Calvert from the law firm Marshall Dennehey discuss common staging tactics impacting commercial auto and trucking transportation litigation. Learn more about your ad choices. Visit megaphone.fm/adchoices

Matthew Dixon, co-founder of DCM Insights, is a researcher who’s spent much of his career studying the shared characteristics and behaviors of successful B2B salespeople. In 2011, he released a study called “The Challenger Sale.” While giving a keynote on his findings at an annual partner retreat, an audience member stood up and challenged him. “He said, ‘Dr. Dixon, you’ve been talking for 45 minutes about sales effectiveness and salespeople and selling and sales process, and it’s all very fascinating and I’m sure our clients would be very interested in this,’” Dixon recounts to the ABA Journal’s Lee Rawles in this episode of The Modern Law Library. “‘And after all, we do a lot of consulting around go-to-market strategy. But what maybe you don’t recognize is that we are partners at our firm. We are not salespeople. In fact, there’s not a single salesperson in this audience. I might go so far as to say we don’t sell anything here.’” Dixon was taken aback. “What I realized was this world of partnerships, of professional services, of doer-sellers is actually quite a bit different from the world of sales and what we had written and all this research we’d done over the years.” In 2022, he tackled this population with the Rainmaker Genome Project, a study that became the basis for The Activator Advantage: What Today’s Rainmakers Do Differently, co-written by Dixon, Rory Channer, Karen Freeman and Ted McKenna. The Rainmaker Genome Project surveyed 3,000 partner-level professionals in 41 firms across law, public relations, accounting and investment banking. About 39% of respondents were lawyers. Each received a score for effectiveness in business development and were analyzed for how they provided client services. And it turns out that partner was correct: What makes a lawyer an effective rainmaker is not necessarily what makes a salesperson effective. After doing a vector analysis on the data, “what we found was that every one of those 3,000 professionals could be placed into one of five business development profiles,” says Dixon. The five profiles were the expert, the confidant, the debater, the challenger and the activator. Dixon stresses that the five categories are not about personality. While personalities are immutable, behaviors can be changed. “These are about the things we can all learn to be better at,” says Dixon. “It’s about how we spend our time, how we engage clients, how we use resources, how we collaborate with colleagues—and those are things we can all get better at with the right training, coaching and support from our firms.” In this episode, Dixon expands on each type, but the most effective performers in business development were the activators. “The reason we chose the term ‘activator’ instead of ‘connector’—people have asked—is that they’re not about collecting business cards and letting them collect dust or just hoarding LinkedIn connections,” Dixon tells Rawles. “What these folks do is try to turn these relationships into paying client relationships. They activate those relationships by proactively bringing new ideas—ways to mitigate risk, make money, save money—to clients.” Dixon offers practical advice on how to behave like an activator, including the most effective ways to use LinkedIn. Lawyers and other client-servicing professionals can’t just sit back and wait for business to find them, he warns. “Whether we like to admit it or not, clients are less loyal today than they once were,” he says. “They’re less likely to come back automatically to their incumbent provider. No matter how great the relationship or the value you’ve delivered, they’re forcing us to compete in ways we didn’t have to in the past. So activators want a backup plan. They know today’s great client might not be a client tomorrow, no matter what you’ve done. So you need a backup plan.” Learn more about your ad choices. Visit megaphone.fm/adchoices

Seashellgate meets Surrendergate. ----- Since we're cursed to act as keepers of the flame to remind the legal community that several large law firms really did willingly sell out to the Trump administration, this week we discuss our columnist Vivia Chen's exploration of the unique impact of these moves on young lawyers learning early that Biglaw is more than happy to throw them under the bus. We also discuss how James Comey's Instagram pic triggered a tragicomic meltdown of some of the most deranged people on the internet ranting about seashells as a subliminal assassination threat worthy of John Wilkes Squarepants. Unfortunately, some of those internet denizens are also running federal law enforcement. And we conduct a lightning round of quirky Am Law 100 financial facts that will make you appreciate that you took some time off last year. Learn more about your ad choices. Visit megaphone.fm/adchoices