Podcast category: Best Legal Practices

On the Road

ABA Annual Meeting 2016: Emerging issues in Law Enforcement and National Security

This time On the Road at the 2016 ABA Annual Meeting, host Joe Patrice speaks with Alsop Louie Partners “partner” Gilman Louie, Electronic Privacy Information Center President and Executive Director Marc Rotenberg, and Advisory Committee for the American Bar Association Standing Committee on Law and National Security Chair Harvey Rishikof about emergent technology’s effect on law enforcement and national security. Mark shares that listening to the FBI director talk about the problems he’s encountering with encryption and how these issues make it more difficult for law enforcement agencies to gain access to evidence was a very interesting portion of the “Emerging Issues in Law Enforcement and National Security” panel. He states that It’s better to have stronger encryption because we’re no longer simply talking about privacy and surveillance, but rather the internet of things and you want that to be secure because it’s a matter of public safety. Gilman emphasizes that law enforcement agencies have many more tools today than they did 10 or 15 years ago simply because of digital exhaust and that, despite challenges to reading encrypted messages, it’s very hard to operate without leaving a digital footprint. Harvey explains that cyber threats fall into four categories: criminals, “hacktavists”, espionage, and war, and that delineating those statutory regimes is incredibly complicated. The group discusses why tracking, attributing, and classifying cyber attacks requires such caution, and they close the interview with an analysis of machine learning and online algorithmic transparency.

Gilman Louie is a partner at Alsop Louie Partners and the founder and former CEO of In-Q-Tel, a strategic venture fund created to help enhance national security by connecting the Central Intelligence Agency and U.S. intelligence community with venture-backed entrepreneurial companies. He completed the Advanced Management Program/International Seniors Management Program at Harvard Business School and received a Bachelor of Science in Business Administration from San Francisco State University.

Marc Rotenberg is president and executive director of the Electronic Privacy Information Center (EPIC) in Washington, DC. He teaches information privacy and open government at Georgetown Law and frequently testifies before Congress on emerging privacy and civil liberties issues. He testified before the 9-11 Commission on “Security and Liberty: Protecting Privacy, Preventing Terrorism.” He has served on several national and international advisory panels, and currently serves on expert panels for the National Academies of Science and the OECD. He is a graduate of Harvard College and Stanford Law School, and received an LLM in International and Comparative Law.

Harvey Rishikof is currently chair of the Advisory Committee for the American Bar Association Standing Committee on Law and National Security and serves on the Board of Visitors for the National Intelligence University (NIU). He was a Professor of Law and National Security Studies at the National War College (NWC) in Washington, DC. and is the former chair of the Department of National Security Strategy at the NWC. He specializes in the areas of national security, civil and military courts, terrorism, international law, civil liberties, and the U.S. Constitution.

On the Road

ABA Annual Meeting 2016: Korematsu v. United States

This time On the Road at the 2016 ABA Annual Meeting, host Kareem Aref speaks with founder and executive director of the Fred T. Korematsu Institute Karen Korematsu about her father’s landmark case, Korematsu v. United States. Karen explains that the case challenged the military orders and the constitutionality of the Japanese American incarceration during World War II and that In 1983 evidence was found that proved there was no military necessity for the internment. She recalls growing up in Oakland, California, being blamed for the attack on Pearl Harbor, and the bullying and discrimination she and her brother suffered because they were Asian American. It was not until she studied U.S. history as a junior in high school that she was made aware of the Korematsu v. United States case and her father’s 1944 Supreme Court hearing. Karen compares the societal attitude of her youth to the political climate of today and discusses the recent evocation by a Virginia mayor of Roosevelt’s 1942 Executive Order 9066 during his call for area governments and nongovernmental agencies to suspend and delay any further assistance to Syrian refugees. She closes the interview with examples of how her organization fights bigotry through education and her thoughts on what we can do today to avoid the mistakes of the past.

Karen Korematsu is the founder and executive director of the Fred T. Korematsu Institute and the daughter of the late Fred T. Korematsu. In 2009, on the 25th anniversary of the reversal of Fred’s WWII U.S. Supreme Court conviction, Karen established the Fred T. Korematsu Institute.  In May 2013, Karen became executive director of the Fred T. Korematsu Institute and led its transition in July 2014 to become an independent organization fiscally sponsored by Community Initiatives.

On the Road

ABA Annual Meeting 2016: Law School and Writing Legal Dramas for Television

This time On the Road at the 2016 ABA Annual Meeting, host Sandy Gallant-Jones speaks with former federal prosecutor, producer, and author Jonathan Shapiro about his work writing legal dramas for television. Jonathan gives a brief synopsis of his legal background as a federal prosecutor in the U.S. Attorney’s Office and talks about the path that led him to become of counsel at the law firm of O’Melveny & Myers. He reminisces about his early career, meeting his wife, Betsy Borns, and selling his first script to writer and producer David E. Kelley. The work of writers, he says, is to use their experience to create new material, and he discusses how this relates to his new book, “Deadly Force,” and his current show, “Goliath.” Jonathan closes the interview with an analysis of the high numbers of alcohol abuse among attorneys and his suggestions on how law schools can better teach students to form cogent persuasive arguments and revitalize the nobility and idealism of the legal profession.

Jonathan Shapiro has spent the last 16 years writing and producing some of television’s most iconic shows, including “The Blacklist,” “The Practice,” “Life” and “Boston Legal.” He has won an Emmy, Peabody, and Humanitas Award and also authored “Liars, Lawyers, and the Art of Storytelling” (ABA Publishing) and the novel “Deadly Force” (Ankerwycke Press). Prior to writing for television, Jonathan spent a decade as a federal prosecutor and as an adjunct law professor at Loyola Law School and the University of Southern California’s Gould School of Law. He is a member and the former chairman of the California Commission on Government Economy and Efficiency, as well as the founder and director of the Public Counsel Emergency for Torture Victims. He is a graduate of Harvard University and Oxford University, was a Rhodes Scholar at Oriel College, and received his law degree from the University of California, Berkeley School of Law.

On the Road

ABA Annual Meeting 2016: Minefield in the Modern Employee Handbook

There are many legal and cultural issues that need to be addressed in an employee handbook, including accommodation for certain classes of people, wages and overtime, confidentiality issues, and many more. Unfortunately, lawyers can often overlook the importance of catering their firm’s handbook to their employees. In this On the Road report from the 2016 ABA Annual Meeting, Legal Talk Network producer Laurence Colletti interviews Kate Bally, Matthew Schiff, Michael Lotito, and Sierra Spitzer, speakers from the conference’s panel “Minefield in the Modern Employee Handbook.” Together, they create awareness about the most important and often ignored laws and best practices for creating an effective employee handbook. Matthew explains the mistakes many lawyers make when taking their handbook from a previous firm. He also discusses exempt and non-exempt employees with regards to overtime laws. Michael goes into the National Labor Relations Act and why it actually does apply to lawyers, despite a belief to the contrary. Kate talks about LGBT and Title VII of the Civil Rights Act of 1964, accommodation for disability, religion, and pregnancy, wage and hour rules, and state specific issues. Sierra Spitzer concludes the interview with thoughts on how to balance the law and culture in a law firm employee handbook.

Kate Bally is the director of Labor and Employment Service, Practical Law at Thomson Reuters. Kate has her J.D. from the University of Virginia School of Law.

Matthew Schiff is a labor and employment partner at Sugar Felsenthal Grais & Hammer LLP where he counsels clients in all aspects of employment and labor relations. He has his J.D. from Boston University.

Michael Lotito is the co-chair of Littler’s Workplace Policy Institute which provides advocacy services for clients, associations, and policy leaders on all workplace concerns. He has his J.D. from Villanova University School of Law.

Sierra Spitzer is a partner at the law firm of Schwartz Semerdjian. Sierra has been practicing law in San Diego since 2004 with a focus on labor and employment issues, personal injury, and business litigation on behalf of both individuals and business entities. She has her J.D. from Santa Clara University School of Law.

The Florida Bar Podcast

Making Legislative Amendments to Rule 4-7.22

In this episode of The Florida Bar Podcast, hosts Renee Thompson and John Stewart talk with The Florida Bar Board of Governors Eighth Judicial Circuit representative Carl Schwait about the legislative amendments recently made to rule 4-7.22. Carl explains that the relationship of lawyers to clients and their procurement is much more guided through the internet today than it has been ever before. This shift in how the public seeks out legal services has brought a whole new group of for-profit companies and corporations into the legal marketplace whose chief aim is to match lawyers and clients. The Florida Bar declared a few issues that these changes now present to rule 4-7.22 and The Florida Supreme Court did not agree with some of these stated issues requesting that the bar go back and reevaluate the rule. Carl explains that their goal was to prevent for-profit matching services from arguing with the board of governors over whether they were a directory, a lawyer referral service, or some other entity and that most of these organizations didn’t want to be classified as lawyer referral services at all. The bar wanted to do away with all naming conventions and solidify the classification of these companies as qualifying providers so that every entity or person who was in the business of matching attorneys and clients would all fall within their rules. He emphasizes that The Florida Bar does not oversee qualifying providers and that their rules are to the lawyers who participate in this matching program in order to better protect the public. Carl closes the interview with an analysis of how these changes impact voluntary bar lawyer referral services, why the malpractice insurance requirement was removed, and how The Florida Bar might proceed if The Florida Supreme Court asked for oral arguments on these rules.

Carl Schwait is a North Central Florida mediator, businessperson, educator, Florida Bar leader and former public servant. Rated AV by Martindale-Hubbell and named to Florida’s Super Lawyers® for the last nine years, he has been a member of The Bar for over 39 years.

New Solo

CRM: Using Client Relationship Management in Your Law Firm

Client Relationship Management, or CRM, is a strategy implemented in business to maintain effective knowledge about and connections with your current, previous, and potential clients. Using technology, employees are able to nurture relationships with their clients by tracking conversions and setting notifications. But many lawyers, especially solos and small firm lawyers, aren’t using CRMs; they don’t know the potential value of these systems or even what they are. So why should attorneys bother learning about CRMs?

In this episode of New Solo, Adriana Linares discusses CRMs with Michael Chasin, co-founder and CEO of Lexicata, a law firm CRM and client intake software. Michael talks about the foundation of Lexicata and how it has helped many lawyers find and convert leads. He then explains how CRMs can help solo and small firm lawyers with client intake as well as marketing. By touching base with potential clients, we can create a positive, brag-worthy experience. In this way, clients will return with future legal needs and can also become great referral sources. Michael discusses how the right CRM can automate a significant part of this process, making your client feel attended to without taking up too much of your time. He finishes the podcast by talking about how lawyers should go about choosing the right CRM to build a foundation for the future of their solo practices.

Michael Chasin is CEO of Lexicata, a CRM and client intake software designed to help law firms and lawyers increase client satisfaction. Michael is also co-founder of both LawKick.com and Lexicata.com. He has his B.S. in Business Administration with an emphasis in Entrepreneurship from the University of North Carolina, and his J.D./M.B.A. from Loyola Law School.

Special thanks to our sponsors, Solo Practice University and Clio.

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.

Special thanks to our sponsors Amicus Attorney.

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.

Law Technology Now

LegalX: Innovators from MaRS

If you think the legal industry’s future depends on small and big firms working together, you might be from MaRS. By MaRS, we mean the Canadian-based MaRS Discovery District (originally named Medical and Related Sciences) and its recent project to innovate the legal profession.

In this episode of Law Technology Now, host Monica Bay interviews Aron Solomon and Jason Moyse, the co-founders of recent MaRS startup LegalX. Together, they talk about today’s transition from the big firm model of yesterday in favor of more nimble practices traditionally found in smaller firms and startups. Although there will always be a need for Biglaw on large, highly profitable matters, 80% of the U.S. market is priced out of legal services. That unmet need has become a primary driver in sweeping change to the legal industry.

So, what do these driving forces mean for the future of law? Monica, Aron, and Jason take turns answering that question with their forecasts of the legal market for the next 2-5 years. Not only will this near future continue to see big firms receding, but it will also usher in an era of innovation. Legal solutions made on one side of the globe will be solving problems on the other. Even more surprising, it is predicted that Biglaw will collaborate with small firms to produce more comprehensive offerings at lower prices. Tune in to hear more about the future of law as seen from MaRS.

Aron Solomon is the innovation lead at LegalX, a startup from MaRS Discovery District that specializes in connecting technologists, designers, engineers, and lawyers to drive innovation in the legal sector. Prior to that, he was ED at Ed, entrepreneur in residence at i.c. Stars, and co-founder and vision holder at SVBstance. In addition, Aron has served as Global Managing Partner at Futurlogic, CEO at Think Global School, and founder for The Mission Group.

Jason Moyse is the industry lead at LegalX, a startup from MaRS Discovery District that specializes in connecting technologists, designers, engineers, and lawyers to drive innovation in the legal sector. Prior to that, he was the manager of legal business solutions at Elevate Services, director of innovation execution at Cognition LLP, and director of service delivery at McCarthy Tétrault. In addition, Jason has been legal counsel and program manager to Xerox Canada.

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 Washington, 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 and Answered to share how she did it, and how you can get your bosses on board with you getting out of the office more frequently.

Special thanks to our sponsors Amicus Attorney.

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