Legal Talk Network - Law News and Legal Topics

Bond... unaffordable cash bond._________________________________Donald Trump needed to put up some cash before E. Jean Carroll can begin executed the judgment she has against him. Instead, Trump tried to argue that he was simply too rich to put up a bond. The argument was not persuasive, but it did get Above the Law mentioned on Stephen Colbert. We also discuss the Supreme Court taking up the Trump immunity case even though there's not a chance they'll endorse his theory. And when should we just let bygones be bygones with a lawyer's bigoted past? A law professor says everyone is way too hard on Thomas's new clerk just because she got fired from a past right-wing organization after racist messages came to light. Learn more about your ad choices. Visit megaphone.fm/adchoices

Three high-profile cases of sexual assault in 2012 followed a basic pattern: A teenage girl was sexually assaulted at a house party by one or more teenage boys while she was incapacitated by alcohol. The attacks were recorded and the photos, videos and stories were shared on social media or via texts. The photos and videos were used to ridicule the victims among their peers. Those texts and posts later became evidence in criminal cases. These incidents took place in Steubenville, Ohio; Maryville, Missouri; and Saratoga, California, and sparked national conversations about youth, technology and sexual assault in 2013.“The question gnawing at everyone, myself included, was: What were these kids thinking?” writes Anna Gjika, a sociology professor who studies crime and gender issues. More than 10 years later, Gjika has attempted to answer that question in her new book, When Rape Goes Viral: Youth and Sexual Assault in the Digital Age. She took a close look at the three attacks in 2012, but identifies a number of similar instances that have happened more recently.One of the elements the public found shocking about the cases was how many bystanders filmed or photographed the unconscious girls or the sexual assaults as they were occurring, without intervening. In talking to people involved in the cases and to teens in general as part of her research, Gjika found that the young people did not think of their social media as archival so much as “of the moment.” They filmed and posted what was happening around themselves because they were used to doing that. “Sharing an experience has become an integral part of the experience,” Gjika writes.In this episode of The Modern Law Library, Gjika and the ABA Journal’s Lee Rawles discuss her research into generational attitudes towards social media and sexual assault; the promises and pitfalls of digital evidence in sexual assault cases; how social media can be empowering or degrading for survivors; the social responsibility held by the legal community and the tech industry; and what interventions could be effective to prevent such assaults from taking place.Digital evidence like cellphone videos and texts can be extremely beneficial to prosecutors looking to prove incidents of sexual assault, particularly when victims are unable to recount their experience because they were unconscious or impaired during the attacks. But Gjika explains that this kind of evidence is not uncomplicated. The way juries perceive the evidence will still be filtered through societal expectations and prejudices. Defense attorneys do not have the same access to digital evidence from tech companies, and usually lack capacity to process immense amounts of data. The expertise, willingness and resources of police departments and prosecutors’ offices to seek out this evidence also vary widely. And the victims can be further traumatized by the use in court of images and video of their assaults, and the knowledge that the images continue to be disseminated on the internet.In closing, Rawles and Gjika discuss what actions can be taken by schools, the legal community and the tech industry to prevent such attacks or to assist victims whose assaults have been digitally documented. Gjika believes educational programs and trainings for teens need to focus on peer groups and norms, rather than emphasizing individual responsibility, and “must be grounded within adolescents’ lived experiences, rather than on adult fears and anxieties.” She also argues that adults as well as teens would benefit from “ethical digital citizenship initiatives,” where concepts like privacy and online decision-making could be discussed. And she suggests the creation of government-funded organizations to assist survivors with removing digital content from the internet. Learn more about your ad choices. Visit megaphone.fm/adchoices

Mentorship improves competence and confidence. John brings his daughter Attorney Mary Simonto the mic to discuss the power of mentorship for personal and professional growth. Learn more about your ad choices. Visit megaphone.fm/adchoices

Subscription legal services are the future, folks, so let’s ride the new wave! The billable hour has become increasingly despised, but how do you make the switch to a subscription-based, recurring revenue law firm? In a live conversation at ABA TECHSHOW, Gyi chatted with Kim Bennett and Blaine Korte about how to leave the billable hour behind and create processes and automations that keep your ideal client’s journey in mind and make your law firm more profitable. Kim Bennett is CEO and co-founder at Fidu Legal.Blaine Korte is CTO and co-founder at Fidu Legal. Learn more about your ad choices. Visit megaphone.fm/adchoices

Round Table Group is a Premier Sponsor of the ABA Litigation Section. On this Litigation Radio episode, we will hear from Russ Rosenzweig, CEO of Round Table Group, about using third parties in expert searches. The selection of the Round Table Group as the subject of this interview should not be construed as an endorsement by the American Bar Association of the Round Table Group and its services.______________________________________________________When representing clients with complex issues, there are times when you need an expert witness. A real expert. Someone who will help you dissect, understand, and present key elements to jurors or judges in a way they can understand.Enter Round Table Group, “the experts on experts.” Guest Russ Rosenzweig is CEO and co-founder of a firm that specializes in identifying, enlisting, and providing expert witnesses and consultants across virtually every possible topic with tens of thousands of affiliated leaders in their field.Hear how litigators find and hire an expert, no matter the niche. Remember that scene in “My Cousin Vinny” when Joe Pesci puts his girlfriend, Marisa Tomei, on the stand as a brilliant expert. It doesn’t happen like that. And they don’t teach this in law school. Learn about the search process, search and hire billing rates, and expert fee negotiations.Many lawyers don’t know where to start. They may be missing the best of the best, or they can waste time trying to find the right expert. Many Round Table Group staffers themselves are lawyers, engineers, and experts. They know how to read a patent or dissect evidence to find the exact right expert to help attorneys prove their point and win their case.Learn how a team of professionals can help you identify your needs, craft the right angle, and dial in to the expert who can push your case across the line.Resources:Aminer.orgExperts.comGoogle ScholarPubMedNew York Times, “More And More, Expert Witnesses Make The Difference”Daubert Standard, Cornell UniversityAmerican Bar AssociationAmerican Bar Association Litigation Section Learn more about your ad choices. Visit megaphone.fm/adchoices

The federal constitution neither explicitly nor implicitly includes the right to vote. Instead, the framers allowed the States to determine the “Time, Places, and Manner of holding Elections.” Rick Hasen, author of A Real Right to Vote: How a Constitutional Amendment Can Safeguard American Democracy, believes that needs to change. He asserts that a constitutional right to vote can deescalate election litigation and can safeguard democracy from election subversion. Learn more about your ad choices. Visit megaphone.fm/adchoices

On November 5th, 2024, people across the nation will head to the polls and cast their vote for president of the United States. It is looking more and more like another battle between President Joe Biden & former President Donald Trump with policy and rhetoric indicating an even more divided nation than in the prior election. With policy issues like immigration, abortion, IVF, guns, employment, and the economy taking center stage in this race, this election could once again be a controversial one. So, with a nation divided, can our democracy be saved? In this episode, Craig is joined by attorney David Pepper, as they discuss the upcoming presidential election, the state of democracy in the U.S., the current policy issues that could impact the election, and how we can save our democracy. Mentioned in this episode: Saving Democracy: A User’s ManualLaboratories of Autocracy: A Wake-Up Call from Behind the Lines Learn more about your ad choices. Visit megaphone.fm/adchoices

Your firm is more likely to succeed with the right software in place, but not all lawyers have a large technology budget. Judge Barbara Leach shares cost-effective software solutions that can help lawyers grow their business and increase efficiency. Judge Leach emphasizes the importance of a basic investment in practice management software early in your firm’s development to seamlessly move from a few clients to many more. She also outlines the valuable resources both mandatory and voluntary bar associations have to offer their members.Barbara Leach is a Circuit Court Judge in Orlando, Florida where she currently serves one of three Domestic Violence Divisions. Learn more about your ad choices. Visit megaphone.fm/adchoices

Is it time to review the tech tools you use every day? Are you getting the most out of your online services (or are you using the right ones?) A lot has changed in the way Microsoft tools interact with the world of legal tech in the past year or so. So, we’ve got a special episode on tech. A back-to-school session where host Adriana Linares offers some no nonsense tutoring to help you get the most out of your Microsoft subscriptions and tech and be more productive. Start with understanding your Microsoft account and the types of available add-ons and subscriptions. Take a deep dive into the types of Microsoft accounts: personal/family, work, and third-party accounts. Dig into available AI and how they apply to your business. And learn about security options, and why they are so important.Got questions or ideas about solo and small practices? Drop us a line at NewSolo@legaltalknetwork.com  Topics: Understand the array of Microsoft accounts and services. Business or personal? Security? Plus, add-ons and subscriptions. Learn why you should never mingle your personal and private accounts. Get the latest on AI add-ons such as Microsoft Copilot (and understand the security around these new tools).  Mentioned in this EpisodeMicrosoft 365Microsoft 365 PricingMicrosoft Office.comMicrosoft OneDriveMicrosoft SharePointMicrosoft DefenderMicrosoft LoopMicrosoft Copilot, “Announcing Microsoft Copilot, Your Everyday AI Companion”Copilot for Microsoft EdgeMicrosoft CopilotCreate a Gmail accountCreate an Outlook email accountGoogle WorkspaceGodaddy.comPreviously on New Solo, Adam Alexander, “AI And The Evolving Security Threats (And Protections)” Learn more about your ad choices. Visit megaphone.fm/adchoices

You have great ideas as a leader, but do you struggle getting your team on board and ready to change with you? In this episode, Stephanie talks with Paco Roman, Professional Development Coach, about a change management system that will help you get your team on board and moving in the same direction. Additionally, Zack talks with Joyce Brafford, from Cosmolex about how accounting and business reporting can be made easier through an all-in-one practice management platform. Links from the episode:  Check out CosmoLex!  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