Generative AI is everywhere, including inside many law practices, creating documents, analyzing data, researching, and creating content. But what happens when AI makes a mistake? Who’s liable? The implications could be enormous, are we may see a new wave of liability litigation. It’s a brave, new world without a lot of legal guardrails. 

There are existing, vague, nonspecific “tech” and business practice laws, then there emerging – AI specific – laws that aren’t backed by a lot of precedent from the courts. Privacy laws, data usage, intellectual property laws, even state and federal rulings, have created a jigsaw puzzle for lawyers to apply in the AI space. 

Guest Graham H. Ryan is an experienced litigator and an author and frequently quoted commentator on tech issues and the emergence of generative AI and its consequences.

Ryan says it might help to look back to the “wild west” of the Internet’s earliest days and the infamous “Section 230” that has helped decide who’s liable for what when it comes to digital content. How far does Section 230 go when AI starts creating content instead of simply searching for it? And when does Congress get involved? Proceed with caution.

Resources:

International Association of Privacy Professionals, IAPP

IAPP “AI Governance Global 2024” conference

“The AI Industry Is Steaming Toward A Legal Iceberg,” Wall Street Journal quoting Graham Ryan

Harvard Journal of Law and Technology

“Department Of Justice’s Review Of Section 230 Of The Communications Decency Act Of 1996,” U.S. Dept. of Justice

Moody v. NetChoice, LLC, via SCOTUSblog

“Sanctions for Fake Generative AI Cites Harm Clients,” Bloomberg Law Analysis

“The EU Artificial Intelligence Act” 

“Schumer Launches New Phase In Push For AI Bill,” Politico

American Bar Association

American Bar Association Litigation Section

Litigators are used to being in front of a jury. But have you ever wondered what it’s like to be a member of that jury? What are jurors watching? What do they notice? Guest Chauntis Jenkins-Floyd, an experienced litigator, recently served on a jury. And what she learned as a juror is eye opening. 

Like most of us, Jenkins-Floyd has been summoned for jury duty and dismissed each time. But this time was different. In this episode, she describes her experiences in the selection process, intake, and deliberation. 

Jenkins-Floyd took it all in. She learned about the jobs and childcare pressures jurors have. She saw what happens in the jury room. “All of my senses were tingling. As a trial lawyer, I never get to see this part,” she explains. What she learned will change how you present your next case. 

Hear how important your moves are to a jury, starting the moment you enter the courtroom. Eye contact, body language, and even where people sit. Everything matters. How prepared and confident do you look? How friendly and comfortable are you with your client? Jenkins-Floyd explains what jurors are watching. How you ask questions, starting with voir dire, sets up jurors and helps them subconsciously put themselves in your client’s shoes, even without saying it. Jurors watch and see everything you do. Get an inside peek.

Resources:

American Bar Association

American Bar Association Litigation Section

Meet Teresa Beck and Claire Gibson, two successful and experienced litigators who are deeply involved in the ABA Litigation Section’s Woman Advocate Committee and its two books featuring essays from women in the legal profession: “Her Story: Lessons in Success from Lawyers Who Live It” (2017) and the recent follow-up “Her Story: The Resilient Woman Lawyer’s Guide to Conquering Obstacles” (2024).

The new book addresses the challenges women face in the legal profession and the things organizations and firms do, often unintentionally, that make it harder for women in law, all told through personal stories of struggles and successes.

Beck and Gibson, both committed to diversity, equity, inclusion, and belonging, discuss these collections of stories that tap into the experiences of litigators in a range of practice groups, from corporate to government positions. These are situations that arise everywhere, from the courtroom to the boardroom to the lunchroom.

Why do women in law still face so many challenges and obstacles? It’s nice to imagine gender disparity is a relic of the past, but the statistics tell a different story. There is work for all of us to do, not only toward gender equality but also in racial and ethnic disparities in the legal profession. The stories in these books examine situations that exist, even in organizations that believe they have erased barriers. Fixing the problems starts with acknowledging that they persist. Everyone can learn from this discussion.

Resources:

Women Advocate Committee American Bar Association

“Her Story: Lessons In Success For Lawyers Who Live It” 

“Her Story: The Resilient Woman Lawyer's Guide To Conquering Obstacles, Book 2” 

K. Brooke Welch

Jessica Blaemire

Michal Rogson

Steven Velkei

Dunlap, Bennett & Ludwig

Klinedinst Attorneys

American Bar Association

American Bar Association Litigation Section

We return to our series profiling leading litigators and business builders with guest Paula Hinton, a litigation partner and executive committee member with international firm Winston & Strawn. She’s held numerous leadership positions, is recognized across the profession, and handles a variety of complex cases. And she did it her way. “It starts with taking people out to breakfast!”

Growing up the daughter of a respected small-town attorney in Alabama, Hinton jokes that she was “Scout” to a real-life Atticus Finch of the novel To Kill a Mockingbird. Hinton learned at a young age the trust clients place in their attorneys and the duty attorneys have to serve clients and the community, in and out of the courthouse.

Hinton’s path took her from a small town to big city firms with international clients. Entering an area of the law that at the time featured few women, Hinton made her own way, walking into senior attorneys’ offices and volunteering for the toughest cases. In an era before the phrase “work/life balance,” she learned to manage the demands of high stakes law in balance with her personal life.

Throughout, Hinton strove to raise her profile, develop a strong reputation, and build and sustain business relationships through involvement in nonprofit and association work and by making herself available to senior firm members for complex cases. “Don’t wait for them to find you, you go find them,” she says. Hear first-hand Hinton’s tips for building a high-profile career in litigation, leveraging both corporate and American Bar Association relationships, and building on each previous step.

Resources:

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 Russ Rosenzweig, CEO of Round Table Group, about using third parties in expert searches. 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.

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When representing clients with complex issues, there are times when you need an expert witness. A real expert. Someone who will help you dissect, understand, and present key elements to jurors or judges in a way they can understand.

Enter Round Table Group, “the experts on experts.” Guest Russ Rosenzweig is CEO and co-founder of a firm that specializes in identifying, enlisting, and providing expert witnesses and consultants across virtually every possible topic with tens of thousands of affiliated leaders in their field.

Hear how litigators find and hire an expert, no matter the niche. Remember that scene in “My Cousin Vinny” when Joe Pesci puts his girlfriend, Marisa Tomei, on the stand as a brilliant expert. It doesn’t happen like that. And they don’t teach this in law school. Learn about the search process, search and hire billing rates, and expert fee negotiations.

Many lawyers don’t know where to start. They may be missing the best of the best, or they can waste time trying to find the right expert. Many Round Table Group staffers themselves are lawyers, engineers, and experts. They know how to read a patent or dissect evidence to find the exact right expert to help attorneys prove their point and win their case.

Learn how a team of professionals can help you identify your needs, craft the right angle, and dial in to the expert who can push your case across the line.

Resources:

Aminer.org

Experts.com

Google Scholar

PubMed

New York Times, “More And More, Expert Witnesses Make The Difference”

Daubert Standard, Cornell University

American Bar Association

American Bar Association Litigation Section

Guest Kathryn “Katie” DeBord leads product development strategy at the global firm DISCO in technological, cloud-based solutions for lawyers and law firms. Tech, from the earliest stages of every case, is no longer an option. Everything from eDiscovery – sifting through oceans of data – to analyzing witness statements to adjusting trial strategy on the fly involves today’s ever-evolving technologies. 

Are you keeping up? It’s hard to know with so many services bursting onto the scene. Hear how DeBord scans the landscape to track what’s new, what works, and what’s still in the pipeline. 

You’ve come a long way from the LexisNexis and Westlaw you met in law school. Entire suites of tech platforms, all the way up to generative AI, are on the market and getting better. If your opponent is using the latest, and you’re not … well, that’s not good.

Autogenerate timelines, upload and organize evidence, and sift through data as today’s tools accelerate your case and reveal hidden connections. Tech won’t replace your creativity and skill as an attorney, but it can help you work smarter, more efficiently, and achieve better results. 

(Plus, did you know the CIA has a secret museum of gadgets created by the agency’s Directorate of Science and Technology? And no, you can’t visit it without secret clearance).

Resources:

Kathyrn “Katie” DeBord’s previous appearances on the Legal Talk Network include: 

• “Legal Innovation: Imagining Creative Solutions for Clients” 
• “Evolve Law: The Future and Direction of Legal Technology” 
• “Evolve Law: Client Driven Technology Solutions” 

LexisNexis

Westlaw

American Bar Association

American Bar Association Litigation Section

Newly admitted lawyers can feel overwhelmed and intimidated. Law schools can’t teach everything, and there’s a lot of on-the-job learning. Some of the work is difficult and complicated. Some of what’s required is as simple as showing up on time and doing work that looks perfect and is free of typos (yes, that matters, even for internal communications).

With each task, the best new lawyers progress from competence to excellence. Start with the goal of being a “superstar associate” by being the best lawyer you can be. When new lawyers take on tasks and do good work, others will notice and will mentor you. What any new lawyer makes of their earliest experience in any firm will drive them to the next level, no matter their career path.

This episode shares tips for standing out and learning how to be a lawyer from two attorneys who have excelled in their careers and have made partner at their respective firms.

Plus, a Quick Tip from the ABA Litigation Section’s Mental Health and Wellness Task Force. Hear how attorneys are vulnerable to eating disorders and substance abuse. Learn to recognize the signs.

Mentioned in this Episode:

“The Addicted Lawyer: Tales of Bars, Booze, Blow, and Redemption,” by Brian Cuban

Brian Cuban, blog

National Eating Disorder Association

American Bar Association

American Bar Association Litigation Section

When it comes to your business development goals, guest (and rainmaker) Merrick “Rick” Gross explains the two biggest pools for new clients: internal and external.

Internal client development is often overlooked, but it’s as important as finding external clients. Build your book of business through other attorneys at your own firm, especially if you work at a large firm with multiple offices across the country. The principles of internal client development are surprisingly simple. Talk to your colleagues. Be a nice person. Take time to visit your coworkers and listen to them. You can use “cross-marketing” and internal team building to find new clients.

Then there are external clients—new business outside your firm. Not surprisingly, the principles are the same. Get out there. Develop personal relationships. Write for publications. Seek out speaking engagements at industry and trade conferences. Join organizations and even have a little fun getting to know people.

Nothing replaces being a great lawyer. But these valuable tips provide new tools for building your career and your business.

Resources:

American Bar Association

American Bar Association Litigation Section

Carlton Fields law firm

Litigators face a variety of intense stressors including tight deadlines, conflicts with opposing counsel, traumatic issues facing clients, and the competitive nature of litigation. It’s a daily battle. What can lawyers do to maintain their mental and physical well-being, and how can courts engage, recognize, and help address these problems?

Host Dave Scriven-Young welcomes three professionals who are actively seeking better methods for lawyers to care for themselves and for the legal system and firms to deliver assistance. Guests Shawn Healy, Ph.D., and attorneys Mala Rafik and Gavin Alexander are deeply involved in lawyer well-being programs. Their work has confirmed that there is a greater need for mental health support and care for lawyers, and also that many in the profession are either unaware of available services or are unwilling to seek help for fear of stigma. The Massachusetts Supreme Judicial Court has been a leading voice in the struggle to support those in the legal profession who are struggling with mental illness, anxiety, substance abuse, and suicidal thoughts. More support is needed.

Litigation is a difficult profession. Are you yourself—or is someone you know—struggling? You are not alone. It is OK to ask for help. Learn about available resources and services. And share this episode of Litigation Radio.

Mentioned in this Episode:

“The Full Weight of the Law: How Legal Professionals Can Recognize and Rebound from Depression,” by Shawn Healy and Jeffrey Fortgang

Massachusetts Supreme Judicial Court Standing Committee on Lawyer Well-Being

Lawyer Well-Being Massachusetts

Lawyers Concerned for Lawyers

American Bar Association, “Well-Being in the Legal Profession”

“Mental Health Initiatives Aren’t Curbing Lawyer Stress And Anxiety, New Study Shows,” ABA Journal

“Making It Back: Bruce Simpson Tried To Take His Own Life, Then He Started Healing,” ABA Journal (ABA membership required)

988 Suicide And Crisis Hotline, Free Confidential Support For People In Crisis

American Bar Association

American Bar Association Litigation Section

George Floyd was murdered on May 25, 2020, during a brutal arrest by Minneapolis police in public view. His death sparked protests across the country—a call for an end to police brutality. Officer Derek Chauvin was convicted of second-degree murder and pleaded guilty to federal charges, and the three other officers were convicted of state and federal charges. The city of Minneapolis paid George Floyd’s family $27 million. 

Minnesota Attorney General Keith Ellison joins this episode to discuss his oversight of the prosecution and conviction of Derek Chauvin, as well as his book, Break The Wheel: Ending the Cycle of Police Violence, a reflection on that trial and lessons learned. Attorney General Ellison explores the findings of his book and his experience representing victims of police violence. He walks us through Chauvin’s prosecution, the trial strategy, jury selection, and how the infamous video shot by a 17-year-old bystander was used in the trial.

Can we change policing and rebuild trust between police and communities? What steps can be taken in the fight against police violence?

Attorney General Ellison also shares his career path from law school to U.S. Congress, and then becoming the first African American and Muslim America elected to Minnesota statewide office. It’s an inspiring story and proof that following your passion can make a difference.

Plus, in our Quick Tip segment: Incorporating storytelling into your legal writing.

Resources:

George Floyd Justice and Policing Act

“Break The Wheel,” by Attorney General Keith Ellison

2024 Environmental & Energy, Mass Torts, and Products Liability Litigation Committees' Joint Regional CLE Program

American Bar Association

American Bar Association Litigation Section

Americans owe a combined $1.7 trillion in student loans, and the past few years have been a roller coaster ride. Now that the pandemic forbearance is over, what’s next? You may have your own debts, or you may be helping clients deal with these new pressures. What happens if you or your client can’t make a payment or can’t reallocate finances? Now that the pause is over and the bill collector is coming, what options are available to you and your clients?

This episode features attorney Latife Neu, who operates her own law firm specializing in student loans and bankruptcy. Student loan repayment is anything but simple, and the pieces are in constant flux. Loan policy has bounced between the Supreme Court and the White House, and the policies are anything but clear. Talk about student loans, parent plus loans, bankruptcy, the pause-restart-pause rules, and it gets complicated in a hurry. There’s nothing simple about this stew of public and private loan borrowing, forgiveness, and repayment. But we can help you understand the questions to ask and the paths to explore.

Join the Litigation Section’s virtual book club on December 12 at 1 PM ET to discuss books and other content focused on personal growth and mental health and wellness! Visit https://www.jotform.com/233055582985163 for more information and to register.

RESOURCES:

Public Service Loan Forgiveness (PSLF)

IDR (Income Driven Repayment) Account Adjustment

More IDR Account Adjustment information

Garnishments and Offset Orders for Student Loans

 Student Loan Bankruptcy Discharges and Limits (Oh, It’s Complicated)

Federal Rules On Discharging Student Loan (Justice Department) 

IRS Student Loan Forgiveness Rules, IRS.gov

American Bar Association

Bar Association Litigation Section