Get ready to take notes. In this episode, successful litigators and guests Monette Davis, Mark Romance, and Joseph Schaeffer walk us through 10 steps for setting up a successful litigation practice and being a successful litigator. Whether you’re fresh out of law school or setting off on your own after working for a firm, these tips will propel you forward.

Your reputation is vital. Hear how to become the most trusted person in the room and a good teammate with a clear, honest voice. Build your reputation with everything you do, whether that’s being impeccably prepared or simply being on time and organized. Think about how you want others to see you (and what you want them to say about you when you’re not in the room).

Little things matter, like knowing the rules. Not just the stuff you learned in law school, but state and local rules, even rules specific to an individual judge.

Being a top litigator is all about being professional, honest, trustworthy, dependable, and prepared. Take advantage of this insightful, heartfelt mentoring session from three litigators who have been there, done that, and built successful careers. (And don’t forget to be good to yourself.)

Resources:

American Bar Association

American Bar Association Litigation Section

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.

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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 Lawyers

American Bar Association

American 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 Representation

American Bar Association

American 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 Association

American 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 Steinfeld

Previously on the Legal Talk Network, Bobbi Liebenberg and Stephanie Scharf on Lawyer 2 Lawyer, “A Study Into Women Leaving the Law”

American Bar Association

American Bar Association Litigation Section

Civility. There seems to be a lack of it these days. But being civil, developing relationships, and settling differences professionally is especially important in the legal profession. Guests Sonja Arndt-Johnson and Jeanne Huey have studied and written about the line between vigorous representation and civility. 

Civility in the profession starts with courtesy and politeness, but it’s more than that. It’s about ethical behavior and polite, professional interactions not only with opposing counsel, but with everyone in the courthouse, from clerks to judges. Civility makes the legal system work.

But what happens when an attorney steps outside the lines and acts in an uncivil manner? In many cases, civility isn’t just a nice idea, there are rules—both in the courts and through the American Bar Association and state bars—that govern professional behavior and that require attorneys to act with honesty, integrity, and civility. 

The law is a stressful profession, and it’s vital we keep our heads and remain civil. Harassing behavior and lashing out are never acceptable (and in some cases extreme conduct can result in fines and other disciplinary action). Listen now to learn more about keeping your cool to get ahead. 

Resources:

“Rule 3.4: Fairness to Opposing Party & Counsel,” American Bar Association

“Civility Versus Zealous Advocacy: An Attorney’s Duty,” American Bar Association, by Sonja Arndt-Johnson

“The Power of Three: Civility, Professionalism, and Zealous Advocacy,” American Bar Association, by Jeanne M. Huey”

American Bar Association

American Bar Association Litigation Section

Chapters:

00:00 Topic Introduction

02:47 What Is Civility?

08:11 Disciplinary Rules for Acting Uncivilly

17:12 Continuance

31:15 Health & Wellness Tip

As the year winds down, it’s a good time to take stock of your life as both a person and a litigator. Are you going in the direction you want, are you shortchanging one aspect of your life to benefit another? Is it working for you?

Guests Anne Marie Seibel and Paula Hinton are experienced and highly successful litigators who explain how they learned to balance family and careers, professional goals, and personal aims. There are times when one part of your life demands your full attention, and then there are times when it’s acceptable to say “no” to a request. 

Learning to follow mentors, listen to colleagues, and balance family is an art. A big part of this is building your “board of directors,” people you trust to give you honest feedback, people you can lean on for both support and guidance. 

Your life, professional and personal, is a marathon, not a sprint. Take a moment now and then to listen to yourself and your “team” to learn where you are, where you’re going, and what you want. Life throws a lot at you – sometimes things you can’t control, like the COVID pandemic – and each challenge can take control of your career and your life if you let it. Take charge of your life. 

Resources:

Previously on Litigation Radio, “Step by Step: How a Prominent Litigator Build Her High-Profile Career"

American Bar Association

American Bar Association Litigation Section

When is it time, and how do you know, to step back from your busy, often hectic, law practice and move on to a new chapter. And how do you prepare? Guests Charla Stevens and David Soley have both been highly successful attorneys in New England. Stevens moved on from her work at a law firm to establish a consulting firm, Charla Stevens Consulting. Soley continues to work at the firm Berstein Shur and is the author of the American Bar Association book “Transitioning to Happiness: Type A Lawyers and Retirement.”

Soley says lawyers should start preparing now. Being a trial lawyer is a passion, but it’s important to regularly take stock and reflect on your situation. How do you feel? Are you still excited? What would you do if you were no longer a lawyer? It’s important to stay in touch with yourself and create a plan for your second act so that you’ll have an “escape hatch” when you realize it’s time to go. Don’t wait for the last minute.

Stevens’ former firm even encouraged litigators to think ahead and understand how many hours they want to work. Hear how she learned to recognize the factors that nudged her to step away and engage in something new. The loss of empathy, stress even outside the workplace, headaches, and even lack of sleep can all be warning signs.

We know good litigators are “Type A,” people. And our guests agree a rocking chair isn’t the answer for many of us. Hear how you can identify your other passions, outside the law, and pursue them. Make a list, make a plan, get excited. Consulting, writing, travel, sports, volunteering, teaching? They can offer a fulfilling way to engage and excel. There is life outside the courtroom.

Resources:

Coastal Maine Botanical Gardens

Bernstein Shur website

American Bar Association “Real Estate Litigation Handbook” by David Soley

“Transitioning to Happiness: Type A Lawyers and Retirement,” by David Soley

Charla Stevens Consulting website

American Bar Association

American Bar Association Litigation Section

Berkeley Research Group (BRG) is a Premier Sponsor of the ABA Litigation Section. On this Litigation Radio episode, we will hear from Jeffrey Klenk, Managing Director of BRG, about hiring economists as experts. The selection of the BRG as the subject of this interview should not be construed as an endorsement by the American Bar Association of BRG and its services.

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More than 10,000 federal class action cases were filed last year, covering a range of areas including securities, antitrust, employment, and consumer protection. What do they have in common? They often rely on an economist’s expert analysis and testimony. So how early should you hire an economist to pick through the data? 

Guest Jeffrey Klenk, a managing director with the consultant firm Berkeley Research Group (BRG), shares best practices for working with an economist expert witness. 

Hear how an economist can help litigators, judges, and juries understand what matters in a case by dissecting transaction-level data, valuations, and the impact of outside influences you may not have considered. Here’s a spoiler: Klenk says it can be “fiendishly difficult” to not only understand the merits of a case but also the viability as a class action for both the defense and plaintiffs. 

From analyzing a case’s potential before filing, to focusing depositions, and to courtroom testimony, an economist can be a litigator’s most valuable tool. When economists and attorneys work together, good things can happen. 

Plus, a “quick tip” from Latosha M. Ellis of the firm Hunton Andrews Kurth on professional civility. You don’t have to agree with, or even like, everyone. But remember, what goes around comes around.

Resources:

 “Goldman Sachs Settles 2014 Class Action Lawsuit Tied To Metal Trades”

“Court Rejects Antitrust Suit In Victory For Comcast” 

Berkeley Research Group (BRG)

“United States - Economist's Perspective (2023/2024): Class Actions – Litigation, Policy and Latest Developments” by Noureen Akber, Jeffrey Klenk, and Mike McDonald

2024 Professional Success Summit, American Bar Association 

“About Section 337,” United States International Trade Commission

American Bar Association

American Bar Association Litigation Section

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 Savitz

Administrative 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 Justia

Corner Post, Inc. v. Board of Governors of the Federal Reserve System, SCOTUSblog

Loper Bright Enterprises v. Raimondo, SCOTUSblog

Magnuson-Stevens Fishery Conservation and Management Act, NOAA

“The Supreme Court Ends Chevron Deference – What Now?” NRDC

American Bar Association

American Bar Association Litigation Section