Legal Talk Network

Did you know the average person makes over 35,000 conscious decisions every day? Decision fatigue is real but there are ways to cope. Today’s discussion examines asking for and evaluating advice, setting decision-making boundaries, and recognizing that every decision is really just a choice. Make the decision to check out this podcast, and you’ve got only 34,999 more decisions to go…..

Intimidated by oral arguments? Appellate law experts Joan Lockwood and Rich Finneran suggest reframing your mindset to create a teaching conversation with the judges rather than simply extending your argument with opposing counsel. Today’s episode also includes tips for preparing more effective oral arguments, how to handle questions from the bench, and a few good reasons to show up to court early no matter where you are on the docket.

Don’t wait for the request for appeal to hit your desk to start thinking about appealable issues. Many top firms pay close attention to appeal potential every minute of litigation. Appellate law experts Joan Lockwood and Rich Finneran discuss appellate brief basics, which issues have a greater chance of reversal, and how to prioritize key points. Tune in for tried-and-true tips which could improve your chances of winning your next appeal.

You make your case with your experts, but you win your case with theirs. This episode of The Jury Is Out focuses on how to undermine credibility and reveal bias, what to look for in the expert’s prior publications and depositions, how to use industry regulations, and much more. Tune in and take notes…you’ll hear over a dozen specific questions and tactics you can use to get powerful admissions and possibly turn the tables in your next expert deposition.

When determining whether you can sue a hospital, municipality, or the federal government in wrongful death or personal injury litigation, it’s vital you understand the nuances of sovereign immunity. Many government entities and municipalities are exempt from certain types of lawsuits, but there are exceptions and limitations you need to know. Tune in for a better understanding of sovereign immunity and how it could impact your next case.

Opposing counsel is hammering your client with irrelevant questions, an intimidating tone, and maybe even false evidence. Under this intense pressure, your client may take the bait and respond in a manner that could derail your case. What can you do? Today’s empowering discussion focuses on ways to protect your client and your case from rude and harassing intimidation tactics during deposition and defuse overly-aggressive interrogation.

How does it feel when you open your email and it’s addressed to “Gentlemen?” Have you been asked on the phone if you are an assistant just because you have a feminine voice? And why are women fifty percent of law school grads but still only 15% of the partners? Female attorneys have been practicing for over 100 years, but we are still grappling with issues of attire, attitude, and acceptance. Tune in for an inspiring conversation about the progress we’ve made and take on one of our suggestions about what you can do to advance the cause of women in the courtroom. Because Ladies, we still have work to do.

The guys are back at the ABA TECHSHOW with F.O.P. Carolyn Elefant, the “Godmother of Solos.”  They talk about what’s in and what’s out in the latest edition of her book, “Solo By Choice.” 

Also, there’s more legal tech and more competition for your legal dollar than ever. That means great things for small and solo firms. Do you want something custom for your practice? It might be worth it to just ask for it.

Plus, exciting news from Lawmatics, and the guys debate the merits of TurnSignl, an app that connects motorists in an instant to an attorney during a traffic stop and winner of the Startup Alley competition.

Special thanks to our sponsors Alert Communications, LawYaw, Posh Virtual Receptionists, and Clio.

Every case requires some legal research, and we don’t mean Google. This hard-skills episode focuses on pro tips like how to use Westlaw more efficiently, where to start your research and whether or not it’s a smart move to omit case law that could be detrimental to your position. Today’s strategies will help you hone your research skills and put you on a more solid foundation for your next case.

When the COVID-19 pandemic came, the traditionally change-averse legal profession adapted with amazing speed. Work-from-home became the norm, and associates began to see what’s possible and focus on what’s important to them.

More than 30 million Americans changed jobs since last spring. Attorneys were no exception. It’s up to all of us – from younger associates to senior leadership – to accept and adapt to the new normal. Associates will need to understand, and articulate, what’s important to them. And firms will need to listen and adjust.

Attorneys will still need mentorship, face time, and training, but they may also want to continue enjoying a hybrid work relationship. Firms may see increased profitability as commute times turn to billable hours, but they’ll need to develop boundaries to avoid turning work-from-home to work-around-the-clock.

Guests on this episode include a managing partner, Cyndie Chang; Chair of the American Bar Association Young Lawyers Division Josephine “Jo” Bahn; and attorney/recruiter Nathan Peart. They explain how the environment has changed and how it’s up to everyone to embrace clear communication, new expectations, and how to navigate the new normal.

Plus, a Quick Tip from the ABA Litigation Section, featuring Darryl Wilson. In this edition, a discussion on Rule 12(b) motions. What defenses may be asserted? What options are available? And what are the key elements you must address? And, of course, the rare use of Rule 15(a)(1).