Legal Talk Network

While 2022 was a phenomenal year for attorneys and “anyone with a pulse” and a law license could find work, 2023 might “go back to normal,” says Valerie A. Fontaine, a founding director of the legal search company SeltzerFontaine.

In the summer of 2020, when the murder of George Floyd was igniting protests in Minneapolis and around the country, it occurred to Margaret A. Burnham that “George Floyd” was a common-sounding name. Burnham is the founder and director of the Civil Rights and Restorative Justice Project at the Northwestern University School of Law, where she is also a professor.

She went into the CRRJ’s archive of Jim Crow racial homicides, and a search revealed another George Floyd. The account of the jailhouse death of this first George Floyd appeared in a 1945 letter to Thurgood Marshall from a Floridian chapter of the NAACP. Floyd, a 46-year-old turpentine worker, was arrested in St. Augustine, Florida, accused of public intoxication. When Floyd protested a second search of his person at the local jail, he was beaten to death by the arresting officer. Aside from a coroner’s report, Burnham and her colleagues could find no evidence that the officer who killed Floyd in 1945 faced any investigation.

“It was not entirely unforeseeable that we would find this name-fellow in our archive, pleading to be exhumed and put in conversation with the iconic inspiration for what would come to be known as the 2020 ‘reckoning’ with Black death at the hands of the state,” writes Burnham in her new book,By Hands Now Known: Jim Crow’s Legal Executioners. “We count, and contest, because George Floyd counted. Number 1. And Number 2.”

InBy Hands Now Known, Burnham looks at three interrelated themes: The way the federal government enabled the subjugation of Black Americans through both action and inaction; the relationship between racial violence and political power; and community resistance to Jim Crow that predates the “official” Civil Rights Era from 1954 to 1967.

Burnham’s first chapter examines one such area that shows elements of all three themes: Rendition cases gave attorneys the opportunity to try to prevent the extradition of Black men and women to jurisdictions where they faced lynching or other violence. William Henry Huff, a Black lawyer in Illinois, successfully handled 77 such cases, Burnham found in her research.

In this episode of the Modern Law Library, Burnham discusses her book with the ABA Journal’s Lee Rawles. She describes talking to family members of victims who never thought the full story of their loved ones’ deaths would ever be told; the way shopkeepers or bus drivers were essentially deputized to violently enforce rules against Black people in the South; and how her work in 1990s South Africa with truth and reconciliation efforts impacts her view of the potential for reparations efforts in the United States. She also contends that the lack of enforcement made the kidnapping of Black people by white people not a criminal offense, regardless of what laws were on the books.

Burnham, along with her partner Melissa Nobles of the Massachusetts Institute of Technology, has also made her research available through the CRRJ’s Burnham-Nobles Digital Archive. Primary source documents such as FBI interviews, news articles and jury inquests into anti-Black killings in the American South during the early to mid-20th century are available, as well as more than 900 case pages for individual incidents.

There hasn’t been much progress when it comes to driverless cars. Most major car manufacturers have sunk hundreds of billions into developing and testing driverless cars; yet the finish line seems to be nowhere in sight. So what happened?

Is balance realistic for lawyers?

How can lawyers create space in their lives for work, family, vacations, and living fully, with clients and scaling their practice?

Joining me for this conversation is Steve Fretzin.

Driven, focused and passionate about helping attorneys to reach their full potential, Steve Fretzin is regarded as the premier coach, skills trainer and keynote speaker on business development for attorneys. Over the past 17 years, Steve Fretzin has devoted his career to helping lawyers master the art of business development to achieve their business goals and the peace of mind that comes with developing a successful law practice.

In addition to writing four books on legal marketing and business development, Steve has a highly rated podcast BE THAT LAWYER and has been featured in the Chicago Tribune, Crain’s and Entrepreneur.com. He has appeared on NBC News, WGN Radio and has written articles for Legal Business World, Attorney at Law Magazine, the National Law Review, the American Bar Association, and the Illinois State Bar Association. You can also find his monthly column in the Chicago Daily Law Bulletin.

Steve gives listeners actionable tips on:

[1:55] Business development vs. marketing

[4:40] Why sales can feel so icky

[7:40] How to find balance between all of the moving pieces of being a lawyer and running a firm

[12:40] How to re-plan and re-evaluate as business changes

[16:40] Putting systems and programs in place to create more balance

[22:55] The power of delegating

Resources mentioned in this episode:

Getting Things Done by David Allen

What measures of success matter most when it comes to marketing efforts and lead conversion?

How do lawyers know which metrics they should be paying attention to, and which ones simply aren’t worth worrying about?

Joining me for this conversation is Mark Graban.

Mark is an author, speaker, consultant, and podcaster. His podcasts include “Lean Blog Interviews,” “Habitual Excellence,” and “My Favorite Mistake.” He’s also affiliated with the technology company KaiNexus and the healthcare advisory firm Value Capture. His books include his most recent, titled “Measures of Success: React Less, Lead Better, Improve More.” He has a BS in industrial engineering from Northwestern University and an MS and an MBA from MIT.

Mark gives listeners actionable tips on:

[2:00] The traditional definition of performance metrics and the clean operational experience

[5:15] The Japanese Kaizen Model

[10:40] What we should be measuring and why it matters

[14:55] Using intake forms to measure success rates

[24:35] The statistics you don’t need to pay attention to

[37:45] Mark’s book review

Resources mentioned in this episode:

Understanding Variation by Donald Wheeler

Book Yourself Solid by Michael Port

Why are smart lawyers so bad at conversation?

What makes one person excellent at conversation and another terrible? Does it come down to listening? And are there ways to develop these skills?

Joining me for this conversation is Celeste Headlee, an internationally recognized journalist and radio host, professional speaker and author of bestselling book We Need To Talk: How To Have Conversations That Matter and Do Nothing: How to Break Away from Overworking, Overdoing, and Underliving. Her latest is Speaking of Race: Why Everyone Needs to Talk About Racism and How to Do It. Her TEDx Talk, 10 Ways to Have a Better Conversation, has been viewed over 34 million times.

In her 20-year career in public radio, Celeste has been the Executive Producer of On Second Thought at Georgia Public Broadcasting and anchored programs including Tell Me More, Talk of the Nation, Here and Now, All Things Considered, and Weekend Edition. She also served as co-host of the national morning news show, The Takeaway, from PRI and WNYC, and anchored presidential coverage in 2012 for PBS World Channel. Celeste is a regular guest host on NPR and American Public Media. She is the host of Newsweek’s “Debate” podcast, and hosts a podcast for the National Gallery of Art called “Sound Thoughts on Art.” She is also the host of “Women Amplified,” a podcast from the Conferences for Women, the largest network of women’s conferences in the nation, drawing more than 50,000 people to its annual events. Celeste is also the president and CEO of Headway DEI, a non-profit that works to bring racial justice and equity to journalism and media through targeted training and interventions, and she serves on the board for the National Center of Race Amity.

Celeste is the granddaughter of composer William Grant Still, known as the Dean of Black American Composers and she is a trained operatic soprano. She lives in the DC area with rescue dog, Samus.

Celeste gives listeners actionable tips on:

[1:25] Are we born as ‘conversationalists’?

[2:40] Why the smartest people are often the worst at conversation

[4:05] The different types of conversations

[14:40] The three components of compassion

[17:10] Why having good conversation matters

[24:30] Top tips to become a better listener

[28:25] How to get other people to trust you

[30:30] Celeste’s book review

Resources mentioned in this episode:

Mindwise by Nicholas Epley

How can law firms rethink lead generation?

What are the changes and tweaks you can make to your current strategy?

Tom Shapiro joins me for a conversation about creating a lead generation strategy that works for your business.

Tom is CEO of Stratabeat, a B2B marketing agency specializing in SEO, content development, content marketing, web design, account-based marketing (ABM), and conversion optimization. Through his career, Shapiro’s clients have included Intel, GE, AT&T, Hewlett-Packard, UnitedHealthcare, and P&G.

Previously, Shapiro was the Director of Digital Strategy at iProspect. During his five years at the agency, the number of employees grew from 85 to 700+. With a passion for neuroscience and behavioral science, Shapiro’s insights have been published in Chief Marketer, CMO.com, CNN.com, Forbes, and MarketingProfs. Shapiro is the author of the books “Rethink Lead Generation: Advanced Strategies to Generate More Leads for Your Business” and “Rethink Your Marketing: 7 Strategies to Unleash Revenue Growth,” both available on Amazon.

Tom gives listeners actionable tips on:

[4:50] How to think about lead generation differently

[8:05] How to be creative with your message

[16:45] Lateral thinking vs. logical thinking

[22:30] Tips for SEO as it relates to lead generation

[25:35] The importance of persona research

[29:25] Tom’s book recommendation

Resources mentioned in this episode:

Impossible to Ignore by Carmen Simon

As marketing trends continue to evolve, what’s next when it comes to digital marketing?

Do you need to be on every single platform? How do you know if your content is landing for your client?

Joining me for this conversation is Jessica Aries.

Jessica is a digital marketing strategist and consultant who helps businesses and firms see the bottom-line impact of their online presence at By Aries. Having worked with some of the most prestigious and sought-after consultants, lawyers, and professionals in the world, Jessica leverages her experience at high-end and volume-based law firms to create better strategies in digital marketing for her clients. An internationally recognized marketer, Jessica enjoys helping her clients elevate their digital marketing into the era of hashtags with digital strategies that achieve results.

Jessica has been honored to be awarded and nominated for numerous business and professional awards. In 2015 she was named the Legal Marketing Association’s Rising Star. Jessica earned her LL.M. in Information Technology and Privacy Law and her J.D. from UIC: The John Marshall Law School and her Bachelors of Arts from The University of Texas at Austin.

Jessica gives listeners actionable tips on:

[2:50] The leading industry to watch when it comes to digital marketing trends

[4:25] The biggest trend to watch right now

[6:10] Marketing in the Metaverse

[14:30] TikTok and the power of short form video content

[16:15] Tips to script content to keep it short

[20:20] Why you should never copy your competitor’s strategy

[23:50] How to create a digital marketing plan with flexibility

[27:05] Jessica’s book recommendation

Resources mentioned in this episode:

The Analytical Marketer by Adele Sweetwood

Why is it so hard to be a happy lawyer?

It’s no secret that being a lawyer is challenging. There are incredibly long nights, many deliverables, and for high achievers, it can become overwhelming. In fact, many lawyers struggle with their unhappiness in silence.

Joining me for this conversation is Dannie De Novo.

Dannie is a corporate attorney, an elite happiness coach, and an international speaker and bestselling author. After having battled depression and anxiety for most of her early life, Dannie set out on a course to learn what true happiness was for her and for the sake of her baby girl. Now, Dannie regularly appears on TV news and talk shows as an expert on creating happiness and purpose, combating loneliness and depression, and managing anxiety.

Dannie gives listeners actionable tips on:

[3:30] Navigating mental health struggles from a young age and going in and out of institutions

[14:10] Why driven, high achievers tend to be unhappier

[17:30] Changes you can make in your life to find more fulfillment

[20:55] Tips for lawyers to get out of that mentally tough place

[32:10] Dannie’s book recommendation

How can lawyers build communities with live streaming?

Do you have a live streaming strategy as part of your marketing plan? What’s the value of showing up live, and how does it translate into paying clients?

This is what we’re covering in this episode.

Stephanie Liu is the founder of Captivate on Command® and the host of Lights, Camera, Live® where she helps brands succeed on camera. As a Master Neuro Linguistic Programming (NLP) Practitioner, Trainer, and ad agency veteran, Stephanie combines her marketing experience to help individuals communicate with confidence so they can ignite their ideas and be brilliant for prospects and customers alike. Named as one of the Top 50 Digital Marketing Thought Leaders by the University of Missouri St. Louis, her work has been recognized and awarded by Forbes, Online Marketing Media And Advertising, PR Daily, Forrester, and Gartner 1to1 Media.

Stephanie is the host of Lights, Camera, Live, and the co-founder of Leap Into Live Streaming Bootcamp. She has spoken at Social Media Marketing World, VidCon, Podcast Movement, and many more. Stephanie is the co-author of the forthcoming book, The Ultimate Guide to Social Media, due out on bookshelves in August 2020 by Entrepreneur Press. She lives in San Diego, CA.

Stephanie gives listeners actionable tips on:

[1:05] The power of live streaming

[3:10] Why live streaming is ultimately about connection

[4:10] How to know who you’re talking to in a live

[7:25] Which platforms are best for live streaming

[12:30] What to do if the audience doesn’t engage in your live

[16:30] How live streams can translate into clients and income

[21:40] Stephanie’s book recommendation

[25:00] The biggest takeaway when it comes to live streaming

Resources mentioned in this episode:

Presenting Magically by Tad James