Legal Talk Network - Law News and Legal Topics

The Simon Law Firm’s clerks discuss what to expect in your clerkship, overcoming the fear of failure and tips on being a good clerk. Learn more about your ad choices. Visit megaphone.fm/adchoices

Award-winning author and historian Lawrence Goldstone explains why what the Constitution does not say - was intentional - so that democracy can evolve. According to Goldstone, author of "Imperfect Union: How Errors of Omission Threaten Constitutional Democracy", changing the Supreme Court, protecting voting rights, defining the Second Amendment, and maintaining the balance of power between state and federal government are intended to be the responsibilities of voters, not the government or the courts. Learn more about your ad choices. Visit megaphone.fm/adchoices

On July 25, 2024, California Governor Gavin Newsom issued an executive order directing state officials to start removing homeless encampments across the state. This follows last month’s SCOTUS ruling in City of Grants Pass v. Johnson, where the high court ruled that they will allow cities to enforce bans on sleeping outside in public spaces. According to a 2023 homelessness assessment report to Congress from the US Department of Housing and Urban Development, California has the largest homeless population in the nation with more than 180,000 people out on the streets. In this episode, Craig is joined by returning guest Gary Blasi, Professor of Law Emeritus at the UCLA School of Law, as they discuss Governor Newsom's executive order for removal of homeless encampments in California. Craig & Gary discuss the order, the recent SCOTUS decision in City of Grants Pass v. Johnson, and the potential impact this could have on the homeless community.Mentioned in this episode:Governor Newsom’s Executive Order on Encampments  City of Grants Pass v. Johnson Scotus Ruling The Legal Issues Surrounding Homelessness with Gary Blasi & Breanne Schuster on Lawyer2Lawyer Learn more about your ad choices. Visit megaphone.fm/adchoices

Lawyers long considered the legendary Clarence Darrow to be an attorney to emulate, but closer examination of his career shows a condemnable pattern of unethical tactics and empty courtroom arguments. To debunk the popular culture myths surrounding Darrow, Rocky Dhir welcomes author and attorney Mike Farris to discuss the facts in his book, Blowhard: Windbaggery and the Wretched Ethics of Clarence Darrow. Mike shares details from his research that uncover evidence of jury bribing, intimidating witnesses, and other unprincipled conduct throughout Darrow’s career in a time where ethics rules failed to hold him accountable. Mike Farris is a writer and retired entertainment attorney in Dallas, Texas. Learn more about your ad choices. Visit megaphone.fm/adchoices

Join Zack as he chats with Lawyerist Lab Coach and podcast co-host Sara Muender about starting and running a thriving law firm. They explore how defining personal and firm values can shape a law firm's vision. Sara highlights the importance of separating personal identity from the business to make decisions that benefit the firm, and shares tips on staying motivated when you’re feeling overwhelmed.  They also discuss balancing the roles of firm owner and working attorney. Tune in for motivation, guidance, and expert advice from a seasoned attorney business coach.  This episode is sponsored by Timesolv. Prior to the interview, Zack and practice management guru, Joyce Brafford, talk artificial intelligence and how firms should prepare their offices to use all the new fancy tools. Hint: it involves solidifying your processes.  Links from the episode:  Request your free trial from TimeSolv! 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!  Learn more about your ad choices. Visit megaphone.fm/adchoices

Imagine being in prison for decades. You’ve been fighting your appeal for many years. Your lawyer believes you’ll get a new trial but there is no guarantee that you’ll win your freedom. Suddenly, the prosecution offers a plea deal. You can go free but there’s a catch... You have to admit you’re guilty.  Learn more about your ad choices. Visit megaphone.fm/adchoices

Should we pay associates more and partners less? That's what this client thinks. Nikki Haley is threatening legal action against her supporters. Top notch politicking! Panel thinks that, maybe, a NY judge who threatened to shoot teenagers shouldn't stay on the job. Learn more about your ad choices. Visit megaphone.fm/adchoices

Guest Debbie Foster is the CEO at Affinity Consulting, delivering custom business strategies for legal teams. With her years of experience helping law firms modernize, she explains how to overcome internal roadblocks to modernizing. How do you recognize, and overcome, bottlenecks?It comes down to how people, often unintentionally, keep firms from using the best available new tech. It can be anyone from top leadership to support staff. But by understanding the reluctance, you can win them over.  The world of legal tech offers myriad solutions. True they cost money, but that should never hold a firm back if there’s ROI on the other side. Modernizing a firm’s tech can advance a firm, create efficiencies, and push the firm ahead. But fear of the unknown, and not understanding an investment’s potential, even if that’s coming from a single person, can hold everyone else back. Hear how “absolute clarity” and a laser focus on what your firm needs can clear those roadblocks by helping you explain exactly what solutions you need and how new tech will meet them. Fear and uncertainty are the enemy. Start with defining a problem, then educate everyone on how a solution will solve it and how you will support the adoption process.Questions or ideas about solo and small practices? Drop us a line at NewSolo@legaltalknetwork.com  Topics: Today’s legal tech is getting better, and faster, and more efficient. But sometimes a “this is how we’ve always done it” from a single person – anyone from a managing partner to a bookkeeper – can block upgrades. Don’t let one person hold back an entire firm. Hear how it all starts with identifying a problem and helping your “human roadblocks” overcome their concerns and get onboard.  Fear of the unknown is real. Fear of looking “dumb” in the face of a tech upgrade is real. Fear of overspending is real. Empathize. Educate. Elevate. Help those resisters feel empowered and excited. Mentioned in This Episode:Ben Schorr, LinkedInMicrosoft DesignerMicrosoft Bookings“Legal 3.Oh!” podcast archivesAffinity Consulting“Pardon the Interruption: 2023 Edition,” Kennedy-Mighell Report“Prioritizing Progress: Building a Roadmap for 2024, with Debbie Foster,” Lawyerist Podcast Learn more about your ad choices. Visit megaphone.fm/adchoices

Streamline, clarify and de-clutter your exhibit list by incorporating our top tips for preparing and presenting exhibits for depo and trial. We’ll discuss proper procedure on how to mark, submit and enter exhibits correctly and share an easy acronym to help you remember the important steps. Learn more about your ad choices. Visit megaphone.fm/adchoices

Let’s look at two recent Supreme Court cases impacting the role and powers of federal regulators. After decades of accepted areas of law that deferred to federal regulators, we are witnessing a shakeup through rulings on the so-called Chevron Deference and the Corner Post decision. How will these landmark rulings change the power held by agencies? The modern regulatory state of the federal governments evolved after the Great Depression during the New Deal to tighten lax oversight blamed for many elements that led to the Depression. As new agencies were created, regulators came to enforce developing legislation, such as the Securities Exchange Act and labor rules. Seventy plus years later, we have our alphabet soup of federal agencies.Expect a slew of new challenges and litigation to follow. “It is impossible to overstate what a complete wreck this is going to make of everything,” says guest and associate professor of administrative law Gwendolyn Savitz, calling the effect of the rulings “calamitous.” How can legislators put the toothpaste back in the tube?“Chevron’s a big deal, it’s reversal’s a big deal,” adds guest and regulatory law veteran Paul Weiland. If you’re involved in regulatory law, you can’t miss this episode.Resources:“Reassessing Administrative Finality: The Importance of New Evidence and Changed Circumstances,” by Gwendolyn SavitzAdministrative Procedures Act, Cornell Law School“Loper Bright, Skidmore, and the Gravitational Pull of Past Agency Interpretations,” Yale Journal of Regulation Chevron U.S.A. v. Natural Resources Defense Council, via JustiaCorner Post, Inc. v. Board of Governors of the Federal Reserve System, SCOTUSblogLoper Bright Enterprises v. Raimondo, SCOTUSblogMagnuson-Stevens Fishery Conservation and Management Act, NOAA“The Supreme Court Ends Chevron Deference – What Now?” NRDCAmerican Bar AssociationAmerican Bar Association Litigation Section Learn more about your ad choices. Visit megaphone.fm/adchoices