Litigation Radio

Mediation has become the rule, not the exception, in litigation. It’s a half a billion-dollar industry with some 90 percent of cases settled outside the courtroom. That’s why mediation and negotiation skills are so critical for all litigators regardless of practice area. It’s about knowing how to manage a mediation and knowing how to find and agree to a mediator or arbitrator.  Host Jim Reeder is a longtime, accomplished litigator with a deep understanding of the nuances of successful mediation. And guest John Barkett is an experienced, internationally recognized, and board-certified mediator and arbitrator, overseeing settlements in complex cases involving environmental law and construction. Mediating or arbitrating a case is a complicated and deeply rewarding field, as Barkett explains. Not only are experience and training crucial, but a successful outcome can also rely on a mediator’s temperament. For litigators, finding the right mediator is vital. If you haven’t been involved in a high-stakes arbitration or mediation, you will be someday.  Get real insights you can use from true pros, from choosing the right mediator to preparing clients for their role and making your opening presentation. Learn what you need to do in advance and how to evaluate risks and likely outcomes before you walk into a session. Plus, a quick tip from Elizabeth S. “Beth” Fenton, author, experienced attorney, and co-chair of the American Bar Association’s Mental Health & Wellness Committee.  Resources:  American Bar Association American Bar Association Litigation Section American Bar Association Litigation Section committee on Mental Health & Wellness

Nicole Gill, chair and managing member of CoDiscover and author of a practical handbook on eDiscovery, joins Lindsay Polega, an associate attorney in Tampa Bay. They delve into the challenges of e-discovery in modern litigation, emphasizing the need for attorneys to adapt to rapidly changing digital communication platforms like Slack and Snapchat. Gill shares insights on the evolving rules for data preservation and the importance of effective, ethical AI use. Polega adds a valuable tip about engaging in pro bono work, balancing the pursuit of justice with financial realities.

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, and how the outlet releases stress and opens paths to creative thinking and strategies they’ve applied to their legal careers and cases. Their passion for music inspired them to co-write the Litigation article “Rock Around the Court: How Copyright Litigation Reflects the Muddy Origins of Rock ‘n’ Roll,” which explores the legal issues surrounding music and creativity. As those who came before influence styles later, 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

The imbalance of power in the courtroom is often very real whether that’s a David vs. Goliath battle pitting a small-firm plaintiff against a corporate giant, or a situation where a judgment-proof or anonymous defendant evades accountability. The scales of justice are sometimes uneven. Guests Marcus Chatterton and Fred Tecce are veteran litigators who have found themselves in countless courtroom skirmishes opposing all manner of large and small businesses in a variety of corporate, patent, trademark, criminal, and personal injury issues. They explain how tech can help balance an imbalance of resources. Deep pockets may have been an advantage, whether that’s in the form of available manpower or the ultimate ability to pay a claim. But that doesn’t have to be the case. Modern, novel legal approaches and today’s tech tools can help level the playing field as software programs can analyze mountains of evidence that used to require hours of poring through boxes of paper that could overwhelm small firms. “Technology assisted review” is a growing field. Will AI further help attorneys battle an information dump in discovery or chase down anonymous actors and follow online breadcrumbs? The key is pairing legal skills and experience with tech, not only learning to use the newest tools but also learning to explain the findings and methodology to a judge and jury. Technology is changing everything from the way you prepare for trial to the way you present your case. Whether you’re a “Goliath” with a duty to assemble and turn over mountains of discovery, or a “David” faced with digging through that evidence and uncovering precedents that back your client, tech tools are blazing a new trail. Resources: “The Prelitigation Advantage: Leveraging AI for Discovery and Pleadings,” by Nicole Black, ABA JournalNational Institute for Trial AdvocacyThomson Reuters Legal TechnologyWestlawOncue Legal Presentation Software“WIPO Guide to the Uniform Domain Name Dispute Resolution Policy (UDRP)”“PGA Golfer Phil Mickelson Sues to Find Source of 'Defamation'”American Bar AssociationAmerican Bar Association Litigation Section 

Join prosecutor John Meadors, who took on the sensational Alex Murdaugh case—dubbed the trial of the century—as he shares the intense pressures of litigating under a media spotlight. He discusses strategies to maintain composure in the chaotic courtroom and the unique challenges faced by witnesses. Alongside him, Larry Kristinik offers vital tips for navigating legal conferences, while Judge Griselda Vega Samuel shares insights on the importance of judicial integrity in high-profile cases. This episode blends real-world legal drama with practical advice.

In this insightful discussion, experienced litigators Monette Davis, Mark Romance, and Joseph Schaeffer share their top strategies for success in litigation. Monette emphasizes the significance of building a trustworthy reputation and being organized. Mark highlights the importance of understanding local and state laws to avoid surprises in court. Joseph advocates for mentorship and collaboration, stressing that asking for help is vital. They also address the necessity of self-care for maintaining peak performance in a competitive field.

Berkeley Research Group (BRG) is a Premier Sponsor of the ABA Litigation Section. On this Litigation Radio episode, we will hear from Deepa Sundararaman, Director with BRG, about diversity in experts. The selection of BRG as the subject of this interview should not be construed as an endorsement by the American Bar Association of BRG and its services.-----------------------------------------------------Attracting, retaining, and promoting a diverse panel of experts remains an important issue for successful attorneys winning cases. A diverse panel of attorneys and experts leads to better thinking by helping legal teams understand how jurors with different backgrounds and experiences will interpret evidence and testimony. Guests Tiffany Shimada and Deepa Sundararaman explain how optimal results follow when we widen the thought process and open ourselves to new angles and ways of thinking. Hear how a diverse team of lawyers and experts can help legal teams spot storylines and arguments that persuade juries.Tiffany and Deepa share examples of when broadening the team and seeking diverse opinions, experiences, and networks worked. Diversity isn’t about politics. It’s about winning cases and satisfying clients. Hear how you can broaden your network of experts and tap into new perspectives you may not have considered, perspectives that could sway jurors in ways you might be missing. Resources:McKinsey & Company, “Diversity Matters Even More: The Case For Holistic Impact” National Association of Women LawyersAmerican Bar AssociationAmerican Bar Association Litigation Section

What happens when your relationship with a client sours? When, and how, can you fire a client? And how can you avoid getting to that point? Guest Michael LeBoff is a veteran litigator who has worked with a variety of clients over his 25-year career. LeBoff explains that client issues are, in most case, simply a matter of communication, payment, or a client’s frustration with the legal system. The system is complicated, cases take time, and costs may surprise unprepared clients. A lot of this is about managing client expectations. For instance, if a case is held up in a court calendar, communicate to your client that you’re still on the case and let them know what’s going on.But despite all efforts, sometimes things simply don’t work out and you may need to fire a client. It could be over slow payments or because a client has pushed you to behave unethically. Withdrawing from a case has its complications, ethical considerations, and Bar requirements. In these situations, it helps if you’ve documented everything in writing. That includes your strategy, desired outcomes, and costs. Listen to this episode for best practices, how to protect yourself, and how to avoid minefields.RESOURCES:ABA Rule 1.16: Declining or Terminating RepresentationAmerican Bar AssociationAmerican Bar Association Litigation Section

Round Table Group is a Premier Sponsor of the ABA Litigation Section. On this Litigation Radio episode, we will hear from Deena Pack, Senior Manager of Expert Witness Services at Round Table Group. 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.Finding an expert witness goes beyond fancy credentials and an impressive CV. Guest Deena Pack is a senior manager of expert witnesses for Round Table Group, which wrangles experts for attorneys in cases nationwide. She’s joined by Dan Elms, a shareholder and veteran litigator with the law firm Greenberg Traurig. Let’s dig in. It starts with the CV, but there’s more to it. Don’t be afraid to start with a video interview. Experts may look good on paper, but it’s important to know if they can convey their expertise to a jury in a clear, relatable manner. Presentation and communication can be as important as expertise and authority. Your client’s case may hinge on the experts you select. Don’t be shy about challenging them (because opposing counsel sure will). The jury must trust your witness, but that can be a delicate dance. Too aloof, you lose your audience. Too casual, the jury may wonder if your witness is really an expert. And don’t forget the practicalities. You need an available witness, not someone with a planned lengthy vacation on their calendar. Is the expert a team player who could suggest angles you haven’t considered? What about references from other lawyers? Plus, it’s important to understand what kind of expert you need for your case. Industry knowledge can differ from academic expertise. Can your experts explain where their academic qualifications extend into the specifics of your case? Get the inside scoop on the art of selecting expert witnesses from two guests who live this.  Resources:American Bar AssociationAmerican Bar Association Litigation Section

Bullying is a real problem in the legal profession impacting recruitment, retention, and even driving lawyers out of the field. Guests Stephanie Scharf and Bobbi Liebenberg, through The Red Bee Group consulting firm, co-authored a report commissioned by the Illinois Supreme Court Commission on Professionalism titled “Bullying in the Legal Profession: A Study of Illinois Lawyers’ Experiences and Recommendations for Change.”We’ve heard anecdotes about bullying in the legal profession, but while anecdotes get some attention or raise eyebrows, they don’t drive change. That takes data. The study produced by Liebenberg and Scharf produced a mountain of compelling data through a survey of more than 6,000 Illinois attorneys. The shocking result: One in four lawyers surveyed reporting bullying. Numbers don’t lie, bullying in the legal profession happens. A lot.Bullying is more than incivility and rudeness. It involves power imbalances, intimidation, humiliation, and control. Sometimes it’s even physical.The study delivers a deep dive into a problem that has received little to no formal examination. Bullying impacts every field and lawyer in the profession, but it’s especially problematic for younger lawyers, women, people with disabilities, and people of color. It’s not “just hazing” and it can no longer be tolerated. This episode will have people talking.Resources:Illinois Supreme Court Commission on Professionalism“Bullying in the Legal Profession: A Study of Illinois Lawyers’ Experiences and Recommendations for Change” by Bobbi Liebenberg and Stephanie Scharf“Her Story: Lessons in Success From Lawyers Who Live It” by Teresa M Beck, Shayna Michele Steinfeld, and Jacqueline Mecchella Bushwack“Her Story: The Resilient Woman Lawyer's Guide to Conquering Obstacles, Book 2,” edited by Teresa M Beck, Alicia M Menendez, and Shayna Michele SteinfeldPreviously on the Legal Talk Network, Bobbi Liebenberg and Stephanie Scharf on Lawyer 2 Lawyer, “A Study Into Women Leaving the Law”American Bar AssociationAmerican Bar Association Litigation Section