ABA Journal Podcasts - Legal Talk Network

ABA Journal: Modern Law Library : Freedom isn't the end of the story for exonerees

When we hear about the wrongfully convicted, media coverage usually ends with the person being released from prison or reaching a large settlement with the state. But for the exonerated, life goes on–lives for which prison did not prepare them. Often they’re stymied by red tape which keeps them from finding employment or housing. The families they left behind may be almost unrecognizable to them. Technology which is commonplace now—such as cell phones—may have been completely absent when the...

ABA Journal: Legal Rebels : Jerome Goldman’s work gives a voice to SCOTUS arguments

The license plates on Jerome Goldman’s Subaru Legacy reads “OYEZ,” in honor of his U.S. Supreme Court-focused multimedia archive. Now at age 71, Goldman, named a Legal Rebels Trailblazer by the ABA Journal, says he has some more “ephemera” that he hopes will get on the site, which is moving from Chicago-Kent College of Law to Cornell University’s Legal Information Institute. “This means passing along my knowledge gained over 25 years, plus offering complete details regarding my workflow,” sa...

ABA Journal: Asked and Answered : How to build a book of business without looking desperate

Business development doesn't come naturally to all lawyers. Some hesitate to take advantage of social opportunities out of fear of looking desperate or needy, but that's wrong-headed, says business development coach Larry Kohn. He speaks with the ABA Journal's Stephanie Francis Ward about ways that attorneys can promote themselves and their skills in ways that help both the lawyer and their potential clients.

ABA Journal: Legal Rebels : Deborah Rhode is at war with complacency

Stanford Law School Professor Deborah Rhode is the enemy of complacency. This Legal Rebels Trailblazer is one of the most cited scholars in legal ethics, though she wears many more hats. She has carved out specialties in discrimination (ranging from race and gender to the unfair advantages that flow to physical beauty, often probing their intersection with legal ethics) and in criticism of legal education itself.

ABA Journal: Modern Law Library : How a 1980s lynching case helped bring down the Klan

On the morning of March 21, 1981, the body of 19-year-old Michael Donald was found hanging from a tree in Mobile, Alabama. The years that followed saw the conviction of his two killers and a civil case brought by Donald's mother which bankrupted the largest Klan organization in the United States. In this episode of The Modern Law Library, we speak with Laurence Leamer about his new book on the case, The Lynching: The Epic Courtroom Battle that Brought Down the Klan. He shares details about...

ABA Journal: Asked and Answered : How to get out of the office and make exercise part of your routine

Want to get outside, but work tethers you to your desk? Getting physical can increase both your productivity and personal happiness, and Kandis Gibson has some tips and tricks for how you can make exercise and outdoor activities part of your routine. Gibson, a senior associate at Foster, Murphy, Altman & Nickel in Washinton, D.C., has not let her busy IP litigation practice stop her from competing in triathlons. She speaks with the ABA Journal's Stephanie Francis Ward in this month's Asked a...

ABA Journal: Modern Law Library : In ‘The Last Good Girl,’ Allison Leotta tackles the fraught subject of campus rape

Author Allison Leotta has used her 12-year experience as a federal sex-crimes prosecutor in Washington, D.C., to bring real-world issues into her fiction. Leotta has written five novels chronicling the adventures of her protagonist, prosecutor Anna Curtis. The most recent, The Last Good Girl, takes on the issue of campus sexual assault at a fictional private college in Michigan. The ABA Journal's Lee Rawles spoke with Leotta about how she shifted her career from lawyer to author; why the i...

ABA Journal: Asked and Answered : How well do people actually know their Miranda rights?

"You have the right to remain silent.” Because of TV shows and movies, most people probably know at least this part of the Miranda warning. But do people actually understand all of their Miranda rights? Fifty years after the landmark decision in Miranda v. Arizona, we speak to Russell Covey of Georgia State University State’s College of Law to find out what people know and don’t know about their rights. Russell Covey, a professor at Georgia State University’s College of Law, teaches crimin...

ABA Journal: Legal Rebels : Rocket Lawyer's Charley Moore sees lawyer collaboration as the future

"Working with tech startups, I realized that there is this vast unmet need for affordable legal services," lawyer Charley Moore says. "There's a real need for technology to make it more efficient for lawyers to be able to answer simple questions online and to be able to represent small businesses, individuals, startups and families at fraction of traditional cost."  Moore decided to try to fill that need with Rocket Lawyer, his online, do-it-yourself legal services provider that helps indi...

ABA Journal: Modern Law Library : Before stop-and-frisk there were vagrancy laws; ‘Vagrant Nation’ explores their rise and fall

From the 18th century through the beginning of the 1970s, American officials had an incredibly versatile weapon to use against anyone seen as dangerous to society or as flouting societal norms: vagrancy laws. To be charged with vagrancy did not require an illegal action; vagrancy was a status crime, says professor Risa Goluboff. You could lawfully be arrested, charged, and convicted because of who police thought you were, not what you'd done. During the post-WWII era of tumultuous social cha...

ABA Journal: Asked and Answered : Want to stop bias in the workplace? Here are some constructive tips

Can you plan to prevent workplace bias before it starts? In some cases yes, says Joan Williams, the founding director of the Center for WorkLife Law at University of California Hastings. The ABA Journal's Stephanie Francis Ward discusses with Williams tips on how to create what she calls “bias interrupters” to head off potential discrimination.

ABA Journal: Legal Rebels : Tech fails too, says Sensei's Sharon Nelson

Lawyers often think technology should always work. That's aspirational, says Sharon Nelson, president of the cybersecurity, information technology and digital forensics firm Sensei Enterprises Inc. "People can screw up, but technology fails too," says Nelson. "You really need to recover from what the problem is, as opposed to pointing fingers and being angry." Nelson and John W. Simek, her business partner and husband, formed Sensei Enterprises in 1997. Simek, an engineer, previously wor...

ABA Journal: Legal Rebels : John Suh sees LegalZoom's job as fixing a 'failed' legal system

"We didn't start out to be disruptive," says John Suh, LegalZoom's chief executive officer. "We were set up to fix a problem. The legal system was broken and too many people were frozen out of it." For Suh, the main goal of LegalZoom continues to be providing access to the legal system for millions of Americans who can't afford an attorney and do not qualify for free legal services. "So much of our legal system is focused on BigLaw or access to justice for those below the poverty line," say...

ABA Journal: Legal Rebels : Don't fear technology, Ernie Svenson urges; 'It's here; it's good; do it'

Ernie Svenson-a.k.a. well-known blogger Ernie the Attorney-was an early evangelist for what he calls The Paperless Chase. The basic premise: "Anything you can do with paper, you can do more with PDF. Way more."  Now he spends a lot of time teaching, training and speaking, all aimed at enabling small-firm and solo lawyers with the ability "to save money, make money and outmatch bigger firm adversaries," he says.  In fact, calling Svenson an evangelist is an understatement. "The walls are cl...

ABA Journal: Legal Rebels : Technology is 'breathtakingly positive,' says lawyer and writer Monica Bay

Lawyer and longtime journalist Monica Bay didn't let sexism or a technology-averse legal establishment keep her from breaking new ground.    "The baby boomer lawyers were so entrenched with the idea that 'only the girls touch anything with a keyboard' that they absolutely refused to do anything involving tech," Bay recalls. "They thought it was beneath them."   Now, Bay says, the profession has stepped away from thinking that technology is reserved for support staff, and beneath lawyers....

ABA Journal: Asked and Answered : How artificial intelligence is changing the way lawyers practice law

Artificial intelligence has long been a tool for lawyers to perform their tasks more efficiently. However, the technology has advanced to the point where computers can now perform many of the tasks that were once the exclusive domain of humans. In this month’s Asked and Answered, the ABA Journal’s Victor Li talks to freelance writer Julie Sobowale about how artificial intelligence is revolutionizing the practice of law.

ABA Journal: Modern Law Library : Prosecutor's book offers first-hand look at 'Making a Murderer' subject Steven Avery

A year before Netflix's viral hit Making of a Murderer was making headlines, Manitowoc County prosecutor Michael Griesbach released his book The Innocent Killer: A True Story of a Wrongful Conviction and its Astonishing Aftermath. Griesbach was the prosecutor who worked to free Steven Avery after DNA evidence proved he had been wrongfully convicted of a terrible assault.  In this episode of the Modern Law Library, we speak with Griesbach about his work to achieve Avery's exoneration; why he...

ABA Journal: Asked and Answered : How solos and small firms can cut costs and make their money go further

Cost savings are particularly important for small firms and solos. What are some easy fixes for making law firm budgets go further, and what are some common mistakes to avoid? In this month's Asked and Answered, the ABA Journal's Stephanie Francis Ward gets some tips and tricks for stretching firm's dollars further. 

ABA Journal: Asked and Answered : How can you attract positive media attention for yourself or your clients?

You may have noticed that some lawyers are often quoted in the press. They might have a practice that naturally garners attention, or perhaps they are great at explaining complex issues succinctly and have a good camera presence. Or it could just be that they’re known for returning phone calls and emails in a timely manner. Reaching out to the media can be helpful–or harmful–to your clients. What are the best ways to approach reporters when you're looking for a media spotlight? How can you ...

ABA Journal: Asked and Answered : How can you make and keep reasonable resolutions for your career?

It's time to set goals for the new year. But can you actually follow through with them? In this month's Asked and Answered, the ABA Journal's Stephanie Francis Ward discusses what reasonable steps you can take in 2016 to improve your life and your career. Her guest Karen Kaplowitz gives listeners tips on making and keeping achievable goals.  Karen Kaplowitz is the president of the New Ellis Group, a business-development consulting firm. She specializes in business development strategy, trai...

ABA Journal: Modern Law Library : Harper Lee Prize winner tells how history and race shaped her Southern gothic novel

The Secret of Magic is a book within a book. It is both the title of Deborah Johnson’s 2015 Harper Lee Prize for Legal Fiction-winning novel, and (in the world of that novel) a reclusive writer’s scandalous 1920s children’s book, which dared to feature black and white playmates solving mysteries together in a magical forest. The protagonist of The Secret of Magic, Regina Robichard, is a young black lawyer in 1946, working for Thurgood Marshall and the NAACP Legal Defense Fund. Raised in the...

ABA Journal: Asked and Answered : How blogging can help you carve your own niche in the legal community

Can a commitment to blogging help develop a practice area and turn you into an expert? In this month’s Asked and Answered, the ABA Journal’s Stephanie Francis Ward speaks with Hilary Bricken, a Seattle lawyer and one of the authors of Canna Law Blog. Recently honored as one of the ABA Journal’s 9th Annual Blawg 100, the Canna Law Blog discusses cannabis laws and how they affect the emerging legal cannabis industry. Ward speaks with Bricken to find out how her firm, Harris Moure, decided to l...

ABA Journal: Asked and Answered : What can lawyers do to manage and conquer anxiety?

Are lawyers prone to anxiety, or is the pace of the profession the culprit? The ABA Journal's Stephanie Francis Ward speaks with Will Meyerhofer, a psychotherapist who has also been a practicing attorney, to learn more about anxiety and get tips on how lawyers can manage and overcome it. http://www.abajournal.com/news/article/podcast_monthly_episode_68

ABA Journal: Asked and Answered : Which practice areas are going to be the most lucrative in the future?

The market for legal jobs may be getting better, but it’s still not great. That being said, are there specific practice areas that need more attorneys to serve current and future needs? In this month's episode of Asked and Answered, the ABA Journal's Stephanie Francis Ward speaks with legal search consultant Valerie Fontaine to find out what the best prospects are for a long-term, successful legal career.

ABA Journal: Asked and Answered : How a program at the infamous Angola State Penitentiary helps inmates re-enter society

What good can some men serving life sentence do for other inmates? A great deal, says Judge Laurie A. White, who co-founded a re-entry program for inmates of the infamous Angola State Penitentiary in Louisiana. In this episode of Asked and Answered, she tells the ABA Journal's Stephanie Francis Ward about how the program utilizes the skills of men who will never leave prison to improve the lives of those who will.

ABA Journal: Modern Law Library : Linda Fairstein chats about her Alex Cooper series--and reveals an exciting new project

In the hands of author Linda Fairstein, fictional sex-crimes prosecutor Alex Cooper has enjoyed a career spanning 17 books and almost two decades. Cooper's 16th adventure, Terminal City, was selected as one of the three finalists for the 2015 Harper Lee Prize for Legal Fiction. Fairstein spoke with the ABA Journal's Lee Rawles to discuss Terminal City and Devil's Bridge, the newly released 17th book in the Alex Cooper series. She also shared some exciting news about a brand new project she ...

ABA Journal: Asked and Answered : How to conquer anxiety and break the ice during professional events

Do you get social anxiety thinking about networking at big events? Is it hard to make connections with other lawyers? Focus on what you can learn about others, rather than telling people about yourself, business development coach Larry Kohn tells the ABA Journal’s Stephanie Francis Ward.

ABA Journal: Asked and Answered : How can lawyers maximize relaxation while on vacation?

We’d all love to be able to unplug completely while we’re on vacation, but for many lawyers it’s not that simple. Meeting your duty to your clients might mean that you can’t just leave your phone at home. But how can you keep distractions to a minimum and make the most out of your time off? The ABA Journal’s Stephanie Francis Ward gleans some tips and tricks from Jones Day partner Lawrence D. Rosenberg.

ABA Journal: Asked and Answered : Cannabis businesses need lawyers, but how can you build a marijuana practice?

It’s a federal offense to grow, sell or use marijuana, but there’s a need for lawyers to represent cannabis businesses in Washington state, where the product is taxed and regulated by the state. In this month’s Asked and Answered, Seattle lawyer Ryan Espegard tells the ABA Journal’s Stephanie Francis Ward how he advises the marijuana industry, being mindful of state and federal regulation, and what sorts of business development activities have worked for him.

ABA Journal: Asked and Answered : So you want to practice overseas?

Have you ever daydreamed about having a career abroad? Before saying "bon voyage," you should know what's involved. In this month's Asked and Answered podcast, moderator Stephanie Francis Ward will find out tips and advice on developing a practice beyond U.S. borders.

ABA Journal: Modern Law Library : Grammar nerds, meet your Comma Queen

Mary Norris has been a copy editor for the New Yorker since 1978. In her new book, Between You & Me: Confessions of a Comma Queen, she offers clear and understandable grammar lessons for some of the most common conundrums faced by English speakers. Along the way, she also lifts the veil on the editorial process for the famed magazine, and describes the meandering career path that led her to the New Yorker. In this episode of the Modern Law Library, Norris and the ABA Journal's Lee Rawles dis...

ABA Journal: Asked and Answered : Would your practice be prepared if something happened to you? These tips can give you peace of mind

If the unthinkable happens, will your practice be ready for an intermediary to take over or help with a transition? Do you know what would happen if you–or one of your colleagues–should suddenly die or become incapacitated? The ABA Journal’s Stephanie Francis Ward speaks with two experts about tools and systems you can put in place to give you and your clients peace of mind.

ABA Journal: Asked and Answered : How can attorneys get help without harming their careers?

In this month’s Asked and Answered, the ABA Journal’s Stephanie Francis Ward speaks with Patrick Krill of the Hazelden Betty Ford Foundation’s legal professionals program to find out more. Krill is currently finishing a study in conjunction with the ABA to research substance abuse, depression and anxiety in legal profession.

ABA Journal: Asked and Answered : How a new program uses law students to cut costs and acrimony for divorcing couples

In the wake of divorce, many families find themselves emotionally and financially devastated. If you’re in the heat of a legal battle, it’s easy to go to far and create acrimony with your ex-spouse which can poison any chance at a cordial future relationship–and drain both sides’ bank accounts to pay for attorney fees. But what if if didn’t have to be that way? In this month’s Asked and Answered, moderator Stephanie Francis Ward speaks with Rebecca Love Kourlis and Melinda Taylor, who hope t...

ABA Journal: Modern Law Library : Author tells tangled tale of the $19B verdict against Chevron in 'Law of the Jungle'

In 2011, an Ecuadoran court found the Chevron Corporation liable for environmental damage caused by oil drilling in the 1970s-80s. Chevron was ordered to pay $19 billion to the plaintiffs who brought the suit, a collection of small farmers and indigenous peoples. Although it is tempting to fit this into a simple narrative-either "victory for oppressed people against an evil corporation" or "responsible corporation preyed upon by voracious plaintiffs attorneys"--the truth just isn't that simp...

ABA Journal: Asked and Answered : Linda Greenhouse and Jonathan Turley discuss the relationship between courts and the press

In this month's Asked and Answered podcast, moderator Stephanie Francis Ward talks to Linda Greenhouse and Jonathan Turley about the past, present and future of legal journalism, and how it has influenced courts. Greenhouse reported on the U.S. Supreme Court for the New York Times for four decades, and is now the Joseph Goldstein Lecturer in Law and Knight Distinguished Journalist-in-Residence at Yale Law School. Turley is an attorney, legal scholar and professor at George Washington Univers...

ABA Journal: Modern Law Library : All is not as it seems for 9th Circuit clerk in ATL founder's new novel (podcast)

In this episode of the Modern Law Library, moderator Lee Rawles chats with Above the Law's David Lat about his novel Supreme Ambitions, his career, and his time as the anonymous author of the sometimes-scandalous blog Underneath Their Robes.

ABA Journal: Asked and Answered : How lawyers can use social media responsibly to promote their clients' cases

Social media is an easy (and often free) tool that litigators can use to share their clients' stories. But how much is too much, and what if you post something that you'll regret later? In this month's Asked and Answered podcast, we speak with Anthony C. Johnson, a plaintiffs personal injury lawyer who previously owned a search engine optimization and marketing company. He shares with moderator Stephanie Francis Ward some ideas about using Twitter, Facebook - and even Instagram - in a mindf...

ABA Journal: Asked and Answered : How to Network Without Feeling Slimy

Lawyers are often told how important professional networking is. But many find it so uncomfortable they feel physically dirty. Why is professional networking so distressing to so many? And how can you overcome it and be successful? In this month's "Asked and Answered" podcast, we speak to Tiziana Casciaro, one of the authors of a recent study, "The Contaminating Effects of Building Instrumental Ties: How Networking Can Make Us Feel Dirty," published in Administrative Science Quarterly. She ...

ABA Journal: Asked and Answered : Do you have what it takes to be a rural lawyer?

Many young law grads are being urged to move out of large cities and into rural areas, where there aren't as many attorneys competing for work. As we reported in the ABA Journal's October cover story, there are many small communities in rural America that are woefully underserved, and access to justice is a real problem. It would seem a prime idea to hang your shingle in one of these small towns. But what does it take to run a successful legal practice in a rural area? Asked and Answered mo...

ABA Journal: Modern Law Library : How a series of attacks by a breakaway Amish sect became a landmark hate-crimes case

The Amish religion is a branch of Christianity that adheres to a doctrine of simplicity, nonviolence and forgiveness. How then did a breakaway group come to be implicated in the first federal trial to prosecute religiously motivated hate crimes within the same faith community? From September to November in 2011, there was series of five attacks against nine Amish victims in Ohio in which their beards or hair were shorn. Some were left bruised and bloodied. Several victims had their homes in...

ABA Journal: Asked and Answered : How do you provide client hand-holding if you run a virtual firm? (podcast)

ABA Journal: Modern Law Library : Boies and Olson reveal the backstory of the case against California’s Proposition 8 (podcast)

ABA Journal: Asked and Answered : How do we fix the school-to-prison pipeline? (podcast with transcript)