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What does real prep look like? Hosts John Simon, Tim Cronin and Erich Veith discuss re-reading the pleadings (even when you think you remember them), pre-running exhibits with the video tech, using your experts, and why AI can draft your outline but can't do your thinking. Plus: the "just damages" lesson John Simon learned the hard way in year one. Subscribe to The Jury Is Out: https://play.megaphone.fm/td_bgp7ytmwvduhtrxauqq

In 2016, Susan Carns Curtiss added 46 women attorneys she knew to a Facebook group with no real plan behind it, and it's since grown into Girl Attorney, a network of more than 40,000 women lawyers trading practice advice, mentorship, and support across the country. A plaintiff's personal injury and wrongful death trial lawyer in Oklahoma City, Curtiss describes watching newer attorneys increasingly post anonymously about burnout and a lack of mentorship, even as most of the community is thriving, and shares her own recent experience nearly drowning in a growing litigation docket before a longtime colleague stepped in to help her offload cases. She credits two decades of showing up in her local bar and trial lawyer community for having someone to call when she needed it, and pushes back gently on the idea that women's push for work-life balance is a new trend rather than a fight that's been underway for years. Curtiss closes with a call not to look away from what she sees as a broader breakdown in the rule of law, and to find the others who are choosing to stand up rather than turn away. Proving once again that ALPS Insurance puts the "treat" in retreat, they gathered leaders in law from across the country this summer. These sit-down conversations reveal flavors of leadership and legal trends from a variety of perspectives. Cool takes, one scoop at a time, recorded live at the 2026 ALPS Bar Leaders Retreat in Missoula, MT.

President Trump recently banned three major media outlets from the White House including CNN, MS NOW, and Politico, stating that these journalists “threatened national security and/or spread falsehoods” through their coverage.  This led to litigation from these outlets against the Trump Administration, based on violations of the First Amendment/freedom of the press & Fifth Amendment/due process protections. Recently a U.S. District Judge issued a two-week temporary restraining order on Trump's ban restoring the outlets' White House access for now. On October 8th, the TRO will expire, leading many to believe Trump will then enforce a complete ban, unless stopped by a judge.  On this Lawyer 2 Lawyer episode, Craig welcomes Peter Loge, Director of the School of Media and Public Affairs at George Washington University, an Associate Professor, and the founding director of the Project on Ethics in Political Communication.  Craig & Peter spotlight the freedom of the press. President Trump's recent ban of journalists from three major media outlets,  the Judge's order to restore press credentials, the First & Fifth Amendment, and the potential impact on the press.   Mentioned in this episode:Office Hours with Karpf and Loge Subscribe to Lawyer 2 Lawyer: https://play.megaphone.fm/6kyeqlhety25kgmgqdr7cw

Pets are property under the law, but try telling that to a couple fighting over who keeps the dog. Attorney Maggie Brister of New Mexico Legal Group unpacks why pet custody disputes can get messier than child custody cases, including a divorce that stalled for months over a 50-year marriage, a Great Dane, and a Shih Tzu, and a case where a husband withheld his ex-wife's service animal for six months during mediation. Brister explains why New Mexico law treats every animal, from horses to bearded dragons, as chattel rather than a family member, and why judges have little patience for couples who file motions over pets while more urgent cases involving children wait. The conversation covers a particularly bizarre case involving a beloved bearded dragon, its cremated remains, and a secret one spouse kept from her own attorney for eighteen months, along with the negotiating tactics some spouses and attorneys use to weaponize pets for leverage during a divorce and why doing so tends to backfire in front of a judge. Brister closes with the reminder that keeping a bonded pair of dogs together, or simply letting go, often matters more than winning the fight. Subscribe to Confessions of a Divorce Assassin: https://play.megaphone.fm/yddxa_zfqjimbgjtoqzijw

Most lawyers know relationships lead to referrals. The challenge is keeping those relationships alive when everything else gets busy. In this episode of the Lawyerist Podcast, Stephanie Everett talks with Jay Ruane about analog marketing and the simple systems that make staying connected part of running a firm.  Jay explains why offline marketing often falls apart after the first month and how a repeatable approach can help lawyers follow through. They explore using AI to identify forgotten connections in your inbox, making time for short coffee meetings, and becoming the person others trust to make a useful introduction.  The conversation also covers networking as an introvert, asking about someone else’s ideal client, and choosing thoughtful gifts that people actually want to keep. Jay shares why his firm sends clients blankets without its logo and why a manageable network of 50 referral partners can support a successful practice.  If your marketing plan depends on remembering to reach out when things slow down, this episode offers a more practical way to build relationships, generate referrals, and keep showing up.    Listen to the previous episodes of our Referral Marketing, Relationship Building & Law Firm Growth.  #636: Why Past Clients May Be Your Law Firm’s Best Growth Strategy, with EJ Stern & Katherine Wilson Apple | Spotify | LTN  #608: Business Development for Lawyers: Building Real Relationships That Lead to Clients, with Megan Senese Apple | Spotify | LTN  #606: Breaking the Copycat Cycle: Building a Law Firm with Personality, with Patrick Patino Apple | Spotify | LTN  #515: Simple Marketing Hacks Lawyers Swear By, with Gyi Tsakalakis Apple | Spotify | LTN  Have thoughts about today’s episode? Join the conversation on LinkedIn, Facebook, Instagram, and X!   If today's podcast resonates with you and you haven't read The Small Firm Roadmap Revisited yet, get the first chapter right now for free! Looking for help beyond the book? See if our coaching community is right for you.   Access more resources from Lawyerist at lawyerist.com.   Subscribe to Lawyerist Podcast: https://play.megaphone.fm/xrm0mqp4tqwi0ozntiu41g Chapters / Timestamps  00:00 – Introduction  00:59 – Stephanie’s Blog and the Lawyerist Community  03:02 – Meet Jay Ruane  03:57 – Why Relationship Marketing Needs a System  07:17 – Keeping Your Systems Simple  08:46 – Why Analog Marketing Still Works  11:01 – Using AI to Rediscover Referral Connections  12:07 – Building a Network by Connecting Others  14:13 – Networking as an Introvert  17:19 – Preparing for Better Conversations  19:31 – Talking Business Without Forcing a Pitch  20:32 – Asking for Introductions  21:43 – Moving Beyond a Scarcity Mindset  22:41 – Thoughtful Gifts vs. Branded Merchandise  26:16 – Conference Giveaways People Actually Want  27:11 – Making a Book a Personal Gift  28:31 – Building a Repeatable Marketing Routine  29:49 – Why 50 Referral Partners Can Be Enough  30:46 – Closing Thoughts

"In most other countries, there are laws, criminal laws that prohibit the expression of racial hatred or incitement to racial hatred," says Samantha Barbas, author of Hate Speech: The Legal and Cultural History of an American Dilemma, in this episode of the Modern Law Library. "There are no hate speech laws in the United States, and that makes the U.S. a true exception, a true outlier in the world. And so my book was trying to get to the question, why did the U.S. take this unique path? How do we explain that historically? Where and when and why did we diverge from the path that was taken by most other countries?" World War II prompted a barrage of hate speech legislation after it ended, but not in the United States, Barbas tells host Lee Rawles. "We had just seen how totalitarian governments establish themselves through censorship," Barbas says. "There are two really important ideals that seem to be clashing in the post-war era. Many hate speech laws are proposed, but they are rejected or struck down on free speech grounds. So at this moment when Europe is adopting hate speech laws, America is going the other way: Proposing them, but then rejecting them, and that consensus in favor of freedom of speech is going to hold for several decades." In this episode of the Modern Law Library, Barbas and Rawles discuss how American courts and society have dealt with hate speech issues in the past, and how the growing awareness of psychological harm has impacted public attitudes about hate speech. They also explore Henry Ford and the Dearborn Independent, D. W. Griffith and Birth of a Nation, the Streisand Effect, and a series of cases about Illinois Nazis. Subscribe to Modern Law Library: https://play.megaphone.fm/6yvcqiwqqtmrvsjkgthoiq

The relationship between Canada and the United States has made headlines over the summer, but the two countries also pose some unique, cross-border labor challenges. Guests Christopher Deehy and Cody Yorke are international labor and employment lawyers specializing in Canada/U.S. relations who deal with these differences daily. Independent of the political climate, interactions on the labor and employment front create their own issues. One big difference is that unlike the United States, in Canada each province has its own labor laws, and in some cases such as banking, federal rules may also apply. It’s imperative to understand these variances when dealing with cross-border labor relations.  Oh, then there’s the French civil law code in Quebec and the use of the French language. Canada is not just “United States North,” it has its own laws and what may apply in the U.S. may not apply in Canada. For example, the “at-will” employment rules of the U.S. may not apply in Canada, where advance notice may be required. If you’re doing business across the border, this could be a factor.  No podcast can fully explore every aspect of the differences in labor and employment law between the U.S. and Canada, but if you’re working with a client with employment issues across the border, this intriguing episode with get you thinking about the questions you’ll want to ask. Subscribe to ABA Labor and Employment Law Podcast: https://play.megaphone.fm/jzfpgfsst3wnyevnhvs9cq   REFERENCES MENTIONED: National Labor Relations Act (Wagner Act, 1935) “Fast Facts About the At-Will Employment Doctrine,” Thomson Reuters “Reasonable Notice of Termination: Overview,” Practical Law Canada Employment, Thomson Reuters “Restrictive Covenant,” Government of Canada “FTC Announces Rule Banning Noncompetes,” Federal Trade Commission “Successor Liability,” Practical Law, Thomson Reuters “Workplace Impairment Questions and Answers,” Government of Canada Association of Labor Relations Agencies The ABA Labor and Employment Law Section 2026 Annual Conference is scheduled for Nov. 4-7, 2026 in Washington, DC ABA Labor and Employment Law Section

Jason Tashea joins Cat Moon to discuss his recent article “A Research Agenda for Justice Technology,” included in a volume published by the American Bar Foundation called “Global Perspectives on People-Centered Justice, Exploring the Evidence” on Talk Justice. They speak about knowledge gaps and critical areas for expanding research into technology initiatives of the justice system, courts and legal aid organizations. Subscribe to Talk Justice An LSC Podcast: https://play.megaphone.fm/a3ett1fzs9a1qjipaqdufa

Flock Safety is a surveillance technology company that manufactures cameras and  automated license plate readers used by  law enforcement, neighborhoods, and businesses to deter crime, respond to emergencies, and investigate safety incidents.  “Flock cameras” have been a source of controversy in communities across the nation, with critics arguing the constant tracking violates civil liberties and builds massive location histories without warrants, where supporters of flock cameras see it as an essential tool to combat crime.  On this Lawyer 2 Lawyer episode, Craig welcomes Katie Kinsey, Chief of Staff and Tech Policy Counsel at the Policing Project at the New York University School of Law. Craig & Katie spotlight flock cameras, examine the use and misuse of flock cameras in our communities, and discuss the pushback against surveillance, data privacy laws, the Fourth Amendment, and the potential impact on our citizens. Subscribe to Lawyer 2 Lawyer: https://play.megaphone.fm/6kyeqlhety25kgmgqdr7cw

In this episode of the Un-Billable Hour’s Seat at the Table: How do you know when a hire isn’t working out (hint: you already know) and then pull the trigger and let them go?     It happens: you hire someone, and it doesn’t work out. So many firms put off the hard discussion: terminating an employee. It’s not pleasant, but it’s necessary. That’s where planning, preparation, and an established process come into play. Is it a lack of communication? Or a truly bad fit? Establish performance metrics and address issues early on and help avoid surprises. When it’s time for the firing discussion, everyone should already know what’s coming because it’s been out in the open for a long time. Clarity can reduce the risk of labor law tangles after the termination. Don’t let a fired employer create more problems. Reviews, management consultations, and documented steps can both guide your employee to better performance, which is optimal, or protect your firm after the firing.  You saw the signs. You knew it was coming. But now it’s time to take action and let an employee go. And if we all know the mantra “hire slow, fire fast,” we also know lawyers don’t always follow that rule. We can be way, way too slow to fire when an employee just isn’t working out.  So how do you know when the time has come? Our panel of legal management and HR pros digs in. As one panelist says, “If you wake up three mornings in a row thinking about somebody who’s not your spouse, they’ve got to go.” You know when someone is taking up too much time and derailing the office. The problem isn’t recognizing the problem, it’s not recognizing that you’ve already recognized the problem.  Have a plan, specific policies, metrics, management consultations, and a process for firing someone before you reach that point. Without clarity, even experienced HR professionals struggle. Every process should account for your firm’s vulnerability. Labor laws, password management, access to client documents, even physical access to your office with keys or key cards should all be part of the process before the termination discussion. Dig into an episode today that can help your firm prepare for the future!   Subscribe to Un-Billable Hour: https://play.megaphone.fm/qxfro4f-suekajnwe_solw REFERENCES MENTIONED: ClioCon 2026, Oct. 26-27, 2026 Legal Talk Network Unbillable Hour

Law firms know change is coming. Knowing what to do about it is harder. In this episode of the Lawyerist Podcast, Stephanie Everett talks with Debbie Foster about leading a law firm forward as technology, client expectations, and the business of law evolve.  Debbie explains why strategy often gets pushed aside for urgent client work and day-to-day demands. Together, they explore why firms struggle to move beyond “we’ve always done it this way,” how consensus can stall progress, and why great ideas mean little without execution and team buy-in.  They also examine how AI is raising the stakes for law firm leaders. Waiting for certainty is not a strategy. Stephanie and Debbie share practical ways to protect time for strategic thinking, challenge assumptions, build buy-in, and help teams adapt to change.  If your firm keeps talking about what needs to change but struggles to make it happen, this episode will help you move from ideas to action.  Listen to the previous episodes of our Law Firm Leadership Series.  #632: Law Firm Leadership: How to Lead Yourself Before Leading Your Team, with Debbie Foster & Stephanie Everett Apple | Spotify | LTN  #633: Leading People in Law Firms: Building Trust, Developing Talent, and Holding Standards, with Debbie Foster & Stephanie Everett Apple | Spotify | LTN  #634: Leading Law Firm Operations: Building Systems That Reduce the Daily Firefighting, with Debbie Foster & Stephanie Everett Apple | Spotify | LTN  Links from the episode:  https://posh.com/lawyerist/  https://lawyerist.com/scorecard/  https://beanextlevelleader.com/    Have thoughts about today’s episode? Join the conversation on LinkedIn, Facebook, Instagram, and X!   If today's podcast resonates with you and you haven't read Be a Next Level Leader yet, get the first chapter right now for free! Looking for help beyond the book? See if our coaching community is right for you.   Access more resources from Lawyerist at lawyerist.com.   Subscribe to Lawyerist Podcast: https://play.megaphone.fm/xrm0mqp4tqwi0ozntiu41g Chapters / Timestamps  00:00 – Introduction  01:47 – The New Small Firm Scorecard™  03:23 – Making Law Firm Progress Easier to Measure  06:38 – AI & Virtual Receptionists  08:08 – AI vs. Automation: What’s the Difference?  09:03 – Using AI to Enhance the Client Experience  12:03 – AI for Sentiment Analysis & Quality Assurance  13:04 – Keeping Humans in Control of AI  14:56 – Leading Your Law Firm Forward  15:24 – Why Law Firm Strategy Gets Pushed Aside  16:54 – AI Is Changing the Game for Law Firms  18:35 – Law Firms Are Playing 3D Chess  19:30 – Why Strategic Thinking Needs Protected Time  20:40 – Looking Beyond the Day-to-Day  22:47 – Moving Past “We’ve Always Done It This Way”  24:02 – Why Leading Through Change Is So Hard  24:34 – Great Ideas Aren’t the Problem. Execution Is.  26:58 – The Business Case for Law Firm Strategy  28:39 – Creating Believers Inside Your Law Firm  31:09 – Building a Culture That Thinks Ahead  32:28 – Why Leaders Will Build the Next Era of Law Firms

It’s been 25 years since 9/11. In this special episode, we revisit our conversation with Kenneth Feinberg, the architect of the federal compensation plan for victims and their families. As he asks in his book on the subject, “what’s life worth?” Feinberg is an internationally known attorney who was appointed by President George W. Bush to administer the federal fund established to aid those injured in the terrorist attacks and to support the families of those who lost their lives.  We reflect on Feinberg’s Herculean efforts and how his team grappled with a national open wound and struggled to put a monetary value on thousands of lives. In today’s often divisive political climate, a brutal period 25 years ago reminds us of a time when our nation came together as one. If any episode of Workers’ Comp Matters bears a second listen, this is the one. Everyone working with injured workers and their families can take a lesson from Feinberg’s extraordinary challenge.  If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at [email protected] or [email protected].  Subscribe to Workers Comp Matters: https://play.megaphone.fm/uzqas4ukq4ysdntrvbgvgg Mentioned in This Episode: “Worth,” a Netflix film on Ken Feinberg’s work, trailer “What Is Life Worth? The Unprecedented Effort to Compensate the Victims of 9/11,” by Kenneth R. Feinberg

What are you charging your clients for, “minutes” or “results?” Guest John Rafferty started his own firm, Highfield Law, in the Philadelphia suburbs, specializing in guardianships and estates. He’s a convert to flat-fee, results based, billing. No more “billable hours.” And it works. Rafferty is also a tech guy. Zoom, phone, face to face, it’s all at the client’s choice. Meeting clients where they want is key, and Rafferty finds many prefer some mix of online and in-person contact. It’s a new world. (And that goes for hiring online and part-time administrative help, too). Hear how Rafferty reinvented his legal practice, from billing to remote work, and how he sets his flat-fee rates based on value and the market. Having the confidence to set a rate, and stick to it, is important. It takes courage, but it’s worth it.  And one more thing: “All funds are due up front.” Does this all sound blunt and, frankly, different? Perhaps, but it can take the focus off the money and hours and let clients focus on getting the results they want. (Plus, a bonus tip: where to find the best Philly cheesesteaks!)  Questions or ideas about solo and small practices? Drop us a line at [email protected].  Topics: Flat-fee billing works if you have the confidence to set your fee and stick to it. John Rafferty went out on his own and established a results-based firm. No more “billable hours.”  Meet clients where they are. That doesn’t have to be in an office. Clients are busy, too. Sometimes an online video chat or a phone call is better than having someone “drop by the office.”  For solo practices, tech matters. Get comfortable with digital platforms and let them speed up the routine tasks. If a flat-fee project takes fewer hours than you estimated because you were efficient, that’s pure profit. Subscribe to New Solo: https://play.megaphone.fm/snklydceswminrbke6phsq Resources: “Ditch the Billable Hour! Implementing Value-Based Pricing in a Law Firm,” by Shaun Jardine Previously on the Legal Talk Network, “No More Billable Hours: The Move To Value-Based, Results-Based Pricing,” The Un-Billable Hour Clio legal software Smokeball legal software CARET legal software Claude AI Microsoft OneDrive Quo phone system Zoom ClioCon 2026 ABA Techshow 2027

Hosts John Simon and Tim Cronin dig into how to read a witness in the first 15 minutes, when to be deferential versus direct, and why walking in with a rigid game plan can cost you if you're not willing to throw it out in the first of a new multi-part series on deposition strategy. They break down what separates attorneys who simply gather information from those who use every deposition to actively build their case and share real war stories from decades of practice. The episode covers five tips on style and approach and four tips on brainstorming before you even build an outline, laying the groundwork for the deeper series ahead: deposition goals, thorough preparation, in-the-room tactics, and cross-examination strategy. As John and Tim put it, the case goes as the deposition goes and this episode explains why. Subscribe to The Jury Is Out: https://play.megaphone.fm/td_bgp7ytmwvduhtrxauqq

After passing the bar, attorneys take an oath to uphold not only the United States Constitution, but their state constitutions as well. But how well do lawyers understand the rights and protections found in their own state constitutions, and how often do they put them to work in their legal practice? Rocky Dhir welcomes Judge Jeffrey Sutton to explore the often-overlooked role of state constitutions in American law. Judge Sutton shares practical examples of how state constitutional provisions can shape legal arguments and outcomes, and explains why attorneys should look beyond federal law when advocating for clients. By giving greater consideration to state constitutional authority, lawyers can help create a more balanced and nuanced understanding of individual rights at both state and federal levels.   Subscribe to State Bar of Texas Podcast: https://play.megaphone.fm/_hh0l5izt4mfkr1zmxo_cg