In this episode, we discuss the topic every litigator must deal with at some point: effective business development strategies. Guests Maureen Cruz, Ph.D., and Tracey Salmon-Smith, both with the firm of Faegre Drinker Biddle & Reath LLP, share tips for new business development. 

Waiting for the phone to ring and a client to drop into your lap isn’t a strategy. Running a practice and serving current needs take up a lot of your time. But if you can, try to carve out at least 10 to 15 percent of your time to network, follow up with clients, and put yourself in front of new clients and new environments.

Client and business development is a deliberate process. Start by setting some time aside on your calendar.

Keep up with those touchpoints and connections. Talk with colleagues across your firm. Read something that might impact a client’s interests? Pass it along. Whether it’s through publishing, speaking, networking, ABA involvement, or pro bono work, listen to two experienced professionals describe how to mindfully build your business.

Have a question, comment, or suggestion for an upcoming episode? Get in touch at [email protected] and [email protected].

Resources: 

2026 Women in Litigation CLE Conference

American Bar Association

American Bar Association Litigation Section

Have you ever thought about writing the perfect legal brief? Guest David N. Greenwald has, so much so that the retired Cravath, Swaine & Moore partner wrote a book on the subject: Sentence, Paragraph, Argument, Brief: Meeting the Four Challenges of Legal Writing.

The book is the culmination of a 30-year legal career, beginning with a clerkship and the lessons learned under the guidance of the Hon. Richard A. Posner, Chief Judge of the United States Court of Appeals for the Seventh Circuit. Reading, digesting, and understanding everything related to each brief proved to be the foundation of good legal writing, Greenwald says.

Throughout his career, Greenwald intentionally honed his skills, from writing briefs to eventually, as a partner, editing them. With each paragraph and edit, he focused on the construction and flow of each argument.

Writing, Greenwald explains, is a linear process, putting ideas and sentences in a logical progression. A brief, he says, is a special kind of writing that must be learned. It starts with a statement of fact or history, building a narrative. But it’s also a work focused on clarity, without surprises or suspense. Hear Greenwald’s discussion of the art, and science, of legal writing and the principles of a clear, persuasive argument.

Have a question, comment, or suggestion for an upcoming episode? Get in touch at [email protected] and [email protected].

Resources:

Hon. Paul R. Michel, Chief Judge (Retired), U.S. Court of Appeals for the Federal Circuit on C-SPAN 

2026 Women in Litigation CLE Conference

American Bar Association

American Bar Association Litigation Section

 “Sentence, Paragraph, Argument, Brief: Meeting the Four Challenges of Legal Writing,” by David N. Greenwald

This is a fun one. As we know, Litigation Radio said goodbye to longtime host Dave Scriven-Young this summer. But what do we know about our new hosts, Michal “Mic” Rogson and James “Jim” Reeder?

Believe it or not, they didn’t know each other well before agreeing to cohost the show. That’s a surprise. But they knew “of” each other professionally through ABA Litigation Section circles. In this episode, they interview each other. Not the resume stuff, but rather: What makes them tick?

Who knew both hosts, while successful litigators, shared a passion for entertainment, even Broadway? (Hello, any agents out there!) While those dreams may never be reached, they agree being an attorney provides that creative outlet.

Find out how an African American radio station, childhood dreams, and religion shaped the careers of Mic and Jim. Taking a moment to reflect on your own life journey can help shape the future of your career. What did you want to be, and where are you going?

Have a question, comment, or suggestion for an upcoming episode? Get in touch at [email protected] and [email protected].

Resources: 

The American Leadership Foundation

American Bar Association

2026 Women in Litigation CLE Conference

American Bar Association Litigation Section

As the saying goes, a good lawyer knows the law, a great lawyer knows the judge. Building credibility with the court in any case is vital. Veteran attorney and longtime judge Mark Drummond explains why and how you earn trust. 

Trust and credibility are built brick by brick. It takes a lifetime to build your reputation, but breach that trust once, and the judge will never forget. And make no mistake, judges talk among themselves, so willful missteps will be known across the courthouse and for the rest of your career. 

Understand the meaning of “candor to the tribunal.” When dealing with a judge, telling the truth is one thing. That can mean presenting the strengths of your case. But candor is what you also share with the judge beyond that, the thorns of the case. Judges who feel you weren’t completely candid may never fully take you at your word again. They may forever wonder what you’re withholding.

If you’ve ever wondered what a judge is thinking about you, Judge Drummond lets you know and shares some of his favorite tips for building credibility and putting your best foot forward from the moment you walk into the courtroom. 

Resources: 

Previous appearance on the Legal Talk Network, “NYU’s Civil Jury Project (State Bar of Texas Annual Meeting 2024),” State Bar of Texas Podcast

American Bar Association “Free Legal Answers” 

Civil Jury Project, NYU School of Law 

Susman Agreements: Clarity for the Rules of Civil Procedure 

Access to Counsel Project, Federal Bar Counsel 

“Dealing With Jerks,” by Judge Mark Drummond in ABA Litigation News 

“Understanding the Pareto Principle (The 80/20 Rule),” Better Explained 

American Bar Association

American Bar Association Litigation Section

Is your career stuck in a rut? Hear what it takes to carve a meaningful career in law, as host Michal “Mic” Rogson sits down with Jill Wine-Banks, a history making lawyer who served as the only woman on the Watergate prosecution team and left a trail of shattered glass ceilings throughout her career.

Wine-Banks shares how she built her extraordinary career tackling organized crime, a corrupt president, and led military and state legal teams. She headed the American Bar Association, corporate legal departments, and went on to host influential podcasts, published an autobiography, and serves as a legal consultant and contributor for MSNBC.

Feeling locked in place in your career? Wine-Banks offers motivational insights about taking risks, moving forward, and never settling for the status quo. What do you really want to do, and what’s holding you back?

Throughout her fascinating career, Wine-Banks continually accepted new challenges, broke down barriers, and reinvented herself over and over again.

Resources: 

iGen Politics podcast

Just the Facts podcast

Jill Wine-Banks, Wikipedia entry

“The Watergate Girl: My Fight for Truth and Justice Against a Criminal President,” by Jill Wine-Banks

“The Presentation of Self in Everyday Life,” by Erving Goffman, Amazon

“Gideon's Trumpet: How One Man, a Poor Prisoner, Took His Case to the Supreme Court and Changed the Law of the United States,” by Anthony Lewis

Assembly of Captive European Nations, Wikipedia

American Bar Association

American Bar Association Litigation Section

Let’s talk about associate retention, keeping those young lawyers you’ve recruited and mentored at your firm. It shouldn’t be a given that every associate will take what you’ve taught them to another firm in two or three years. Guest Ben Dachepalli is a veteran lawyer and a partner in the Tampa office of Bradley Arant Boult Cummings LLP specializing in construction law.

As a senior member of his firm, Dachepalli says retaining young associates is more than a transactional activity, it’s building the firm and developing the next generation of leaders. When he’s interviewing prospective hires, “I’m not interviewing my next associate, I’m interviewing my future partners.” Don’t think of young lawyers as associates who will move on—  develop them so they not only want to stay but also want to become leaders in your firm. 

For Dachepalli, the “secret sauce” is an inclusive, team-based approach. Ensure associates are involved and invested in the firm’s success, not simply completing assigned and rote tasks. Communicate with associates as peers, give them responsibilities, and show them they are valued. 

Involving associates in multiple levels of a case and asking for their input from the start not only shows them you value their skills, but also helps senior attorneys spot unexpected angles and see a case from a different perspective. (And remember, today’s young lawyers grew up with today’s technology, they might even teach you something).

Resources:

⁠American Bar Association⁠

⁠American Bar Association Litigation Section⁠

When do you need to start thinking about finding and retaining your expert witnesses as cases progress through the litigation process? Timing is a critical part of your strategy. Often, it’s “the earlier, the better.”

Guest Monica Poole is the director of expert witness services at Round Table Group, a national firm that helps litigators connect with trusted and vetted expert witnesses. Poole explains how the best experts can be hard to find, have busy schedules, and can help plot strategies from the beginning so you avoid dead ends and focus your energy.

From the plaintiff’s side, the more complex the case the more important it is to start early. Do you truly have a case? An expert can help decide if a case is worth litigating. From the defense side, an early start can be valuable when a case demands an expert in narrow, niche fields. In many cases, attorneys are racing the clock with looming court deadlines.

Not all experts are equal. The best not only provide technical input but also help craft discovery demands, decipher provided materials, and skillfully explain complex topics in layman’s terms to a judge and jury. Knowing when, and how, to engage the right expert is a critical part of every case. Hear how working with a service such as Round Table Group can help build and present a case and drive it to a successful conclusion.

Resources:

Round Table Group

American Bar Association

American Bar Association Litigation Section

In this episode, we say farewell to longtime host Dave Scriven-Young as he turns the podcast hosting duties over to James “Jim” Reeder and Michal “Mic” Rogson. Beginning with the next episode, Jim, an accomplished commercial trial litigator, and Michal, a veteran litigator who strives to turn complex legal issues into clear, concise arguments, will continue Dave’s passion for helping lawyers and law firms thrive. 

Dave leaves with a few words of advice for both rising young attorneys and established firms looking to the next step. “Build a career that you’ll still love in 20 years,” he says. Curate your life, not just your résumé, and do the things that bring you satisfaction. Learn to say no early in your career. Not every challenge is right for you, and too much static can lead to burnout. Build relationships and guard your reputation, people remember you as a person long after they’ve read your résumé. Assess every step of your career and pivot as needed, people and situations change. And finally, know when to lift up others, help those coming up behind you, be a mentor, and share what you’ve learned.

Dave will continue to remain active in the Litigation Section of the American Bar Association and is always eager to meet listeners and share stories at Litigation Section events.

Resources:

American Bar Association

American Bar Association Litigation Section

American Bar Association Litigation Journal

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

E-discovery is one of the hottest areas of litigation today. AI chats, Slack and social media, and confidentiality concerns are big news. As the field advances, it’s becoming increasingly important that legal professionals understand not just how to manage their own team’s data, but also what to ask for in discovery.

Guest Nicole Gill, author of Best Practices for E-Discovery: A Practical Handbook (American Bar Association), explains how new sources of digital data emerge almost daily and how rules of collecting and preserving data trails, as well as data generated by AI chatbots, are constantly evolving. You need to stay up to date or you’ll be left behind.

Knowing how to broadly expand your discovery requests can be crucial. It’s every attorney’s duty to understand the digital environments where important information, records, and communications live (and sometimes hide). Snapchat, WhatsApp, Facebook, and Slack are changing the way your own clients, and any subject of discovery requests, communicate. What must be preserved and what can be reviewed? And how are countries outside the United States (including China and the EU) managing data and privacy?

Plus, a quick tip from guest Lindsay Polega as she explores the value of taking on pro bono work. It can be hard to take a full-time job fighting for justice. Those jobs don’t pay well, and many attorneys are wrestling with overwhelming student loans. But you can still do good by taking on some pro bono work, helping others while getting back to the ideals that got you into the field of law.

Resources:

Slack

WhatsApp

Snapchat

ChatGPT

Thomson Reuters CoCounsel

American Bar Association

American Bar Association Litigation Section