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ABA Journal: Asked and Answered

Legal Talk Networkwww.abajournal.com
ABA Journal: Asked and Answered features top of the industry guests discussing various legal topics.
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Episodes

So Long and Farewell: Asked and Answered’s host is stepping down

After 13 years and 170 episodes, Asked and Answered host Stephanie Francis Ward is hanging up her headphones and switching off her mic. Asked and Answered, the ABA Journal’s first and longest-running podcast, is ending its run—at least for now. In this final episode, Ward discusses her podcast tenure with the Journal’s Lee Rawles. Ward recently accepted a new position within the ABA Journal as an assistant managing editor after a long reporting career covering legal education and general legal a...

Oct 30, 202336 minSeason 1Ep. 199

Interested in trying AI to write? It's as easy as opening a document

When lawyers hear the term "LLM," their first thought may go to a master of law degree that a person earns after law school. However, the acronym also stands for “large language model,” which is technology that generates and creates writing for offerings that include ChatGPT and Google Bard. The technology doesn’t know what is accurate—that’s where lawyers come in—but the writing is impressive, it could make legal writing better and you could even use it as a writing coach, says Greg Sarab, a te...

Sep 25, 202340 minSeason 1Ep. 198

Investigations of federal judges are rare and should happen more, former clerk says

After almost 40 years on the bench, Judge Pauline Newman of the U.S. Court of Appeals for the Federal Circuit has sued her chief, two judge colleagues and the Federal Circuit Judicial Council, following a court committee interview and a medical records request, which she denied, and a suggestion that she should be suspended from work for one year. Learn more about your ad choices. Visit megaphone.fm/adchoices

Aug 28, 202334 minSeason 1Ep. 197

First quarter of 2023 had some of highest activist shareholder activity ever, say equity investor counsel

As stories of some CEOs' outrageous behaviors continue, the amount of activist shareholder activities keeps growing, say Kenneth Mantel and Megan Reda, partners at Olshan Frome Wolosky in New York. They represent investment funds, family offices and people trying to bring change at public companies—and maybe get a seat on the board. Learn more about your ad choices. Visit megaphone.fm/adchoices

Jul 31, 202340 minSeason 1Ep. 196

Attorney for Lawrence v. Texas reflects on LGBTQ rights on 20th anniversary

Winning a 2003 landmark U.S. Supreme Court case expanded a gay lawyer's Supreme Court practice, he says, and looking back, it's his favorite case. Because Paul M. Smith was the editor-in-chief of the Yale Law Journal, clerked for then-U.S. Supreme Court Justice Lewis F. Powell Jr. and handled various Supreme Court cases—including for paying clients—many thought that it made sense for the Washington, D.C., lawyer to argue Lawrence v. Texas, which led to a 2003 landmark opinion that struck down st...

Jun 26, 202338 minSeason 1Ep. 195

The NextGen bar exam includes an expansion of skills testing, so how will candidates study?

With the current exam, candidates have a 90% chance of passing, if they follow the advice of their law schools’ academic support staff. When the National Conference of Bar Examiners launches a revamped version of the bar exam in 2026, called the NextGen bar exam, it is expected that there will be new assessments on skills including legal research, investigation and client counseling. And that could mean less focus on memorization for candidates. Or not, says Mike Sims, president of the test prep...

May 29, 202332 minSeason 1Ep. 194

Through overseas currency exchanges, California deputy DA helps online romance scam victims get their money back

In the criminal justice world, pig butchering refers to bacon—but not literally. Instead, it’s a term used to describe scamming someone online out of all their money through promises of romance and cryptocurrency windfalls, says Erin West, a prosecutor in the Santa Clara County, California, district attorney’s office. Learn more about your ad choices. Visit megaphone.fm/adchoices

Apr 24, 202337 minSeason 1Ep. 193

Family law gave this lawyer some ideas about what clients really want

Jessica Bednarz has spent much of her career representing people, researching access-to-justice issues and using that knowledge to try to find better ways to deliver legal services. That includes using what’s known as “design thinking” for developing client service programs. Learn more about your ad choices. Visit megaphone.fm/adchoices

Feb 27, 202337 minSeason 1Ep. 191

After seeing attitude shifts about opiate addiction, MDL lawyer targets Facebook

In the 35 years that Jayne Conroy has been a lawyer, she’s spent the entire time in private practice doing civil litigation and has tried more than 70 cases. Conroy’s work includes leading some of the multidistrict litigation involving opiates with jury trials around the country. Through that, she’s seen juries and judges change their minds about addiction and responsibilities. Her next target is social media. Learn more about your ad choices. Visit megaphone.fm/adchoices

Jan 30, 202347 minSeason 1Ep. 190

How do you build trust with incarcerated clients? Exonerated jailhouse lawyer has ideas

Attorneys often expect incarcerated clients to lie and vice versa, says Derrick Hamilton, who served more than 20 years of a second-degree murder sentence. Those outlooks don’t help build good attorney-client relationships, according to Hamilton, who now works with students at the Yeshiva University Benjamin N. Cardozo School of Law’s Perlmutter Center for Legal Justice. Learn more about your ad choices. Visit megaphone.fm/adchoices

Dec 26, 202232 minSeason 1Ep. 189

Worried about the 2023 lawyer jobs market? This legal search consultant has some tips

While 2022 was a phenomenal year for attorneys and “anyone with a pulse” and a law license could find work, 2023 might “go back to normal,” says Valerie A. Fontaine, a founding director of the legal search company SeltzerFontaine. Learn more about your ad choices. Visit megaphone.fm/adchoices

Nov 28, 202235 minSeason 1Ep. 188

Lawyer who moved from Ukraine to US now has opportunity to help others facing similar situations

Ellen Freeman immigrated from Odesa, Ukraine, to Pittsburgh almost 30 years ago. And although her family always planned to leave—she grew up learning various languages so that she could communicate wherever they settled—moving to the United States as a young single mother was one of the most difficult things that she has ever done. Learn more about your ad choices. Visit megaphone.fm/adchoices

Aug 29, 202245 minSeason 1Ep. 185

As states consider regulation targeting transgender youths, some minds have been changed

A recent order from Republican Texas Gov. Greg Abbott directing the state to consider medical treatments for transgender youths as child abuse is hurtful to children and their families, as is a new Alabama law that makes providing gender-affirming care to a minor a felony, says lawyer Asaf Orr. Special thanks to our sponsor, LawPay. Learn more about your ad choices. Visit megaphone.fm/adchoices

Apr 25, 202237 minSeason 1Ep. 181

Want to be a successful litigator? Come to the office, say 2 BigLaw trial lawyers

For young litigators who want to be considered “a lawyer’s lawyer,” careers spent mostly working from home may not get you to where you want to be, according to Robert Giuffra and Evan Chesler, two Wall Street partners who have been trying cases for more than 30 years. Special thanks to our sponsor, LawPay. Learn more about your ad choices. Visit megaphone.fm/adchoices

Mar 28, 202250 minSeason 1Ep. 180

The country has a long way to go with ADA compliance, say 2 civil rights lawyers

Although the Americans with Disabilities Act is decades-old, many businesses, including law firms, continue to treat it as a suggestion, rather than federal law, according to Eve Hill and Jason Turkish, two lawyers who represent plaintiffs in disability cases. Special thanks to our sponsor, LawPay. Learn more about your ad choices. Visit megaphone.fm/adchoices

Feb 28, 202243 minSeason 1Ep. 179

Control is often an issue in breakups, and COVID-19 made it worse, say 2 family law attorneys

Business hasn’t slowed down during the COVID-19 pandemic, which tore many couples apart, according to family law attorneys Stacy D. Phillips, who practices in Los Angeles, and Bonnie E. Rabin, who practices in New York. However, the COVID-19 crisis has made it easier to work together. Special thanks to our sponsor, LawPay. Learn more about your ad choices. Visit megaphone.fm/adchoices

Jan 31, 202242 minSeason 1Ep. 178

Do federal jurors still care whether a witness is caught in a lie? Not as much, say 2 veteran litigators

Physical aspects aren’t the only changes in federal litigation, according to two veteran Chicago litigators. They think jurors, particularly those younger than age 40, are much more forgiving when a witness is caught lying, few care whether a party admits to drug use, and many expect significant documentation from law enforcement trying to defend misconduct charges. Special thanks to our sponsor, LawPay. Learn more about your ad choices. Visit megaphone.fm/adchoices

Dec 27, 202148 minSeason 1Ep. 177

3 decades ago, legal headhunting required more time for fewer placements

The heavy, hardback editions of Martindale-Hubbell law directories, which were published annually and had different volumes for each jurisdiction, represented an important tool for executive search consultants back in the 1980s, before internet access was common, and lawyers’ backgrounds could only be found through paper or word of mouth. Special thanks to our sponsor, LawPay. Learn more about your ad choices. Visit megaphone.fm/adchoices

Nov 29, 202152 minSeason 1Ep. 176

When most of law school faculty were straight white men, how did those who were not bring change?

In the late 1980s, law school groups for gay and lesbian students met off campus in case members didn’t want the school community to know their sexual orientation. And there were so few female faculty at law schools, if two or more were seen together talking, male faculty would ask what they were up to. So if they were actually up to something, such as persuading their dean to adopt a faculty parental leave policy that was longer than a few weeks, they would meet off campus, too. Special thanks ...

Oct 25, 202154 minSeason 1Ep. 175

How has practicing in the Supreme Court changed throughout the years?

A few decades ago, there were no page limits for U.S. Supreme Court briefs, and that brought considerable headaches for the clerks who had to read them. Also, the justices rarely, if ever, asked more than 15 questions total during oral arguments. But that changed in 1986, after Antonin Scalia joined the high court. Special thanks to our sponsor, LawPay. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sep 27, 202145 minSeason 1Ep. 174

Following a viral video, Harvard Law School student finds ways to connect remotely

Many Harvard Law School students knew of classmate Rehan Staton through a July 2020 video that went viral, which featured him opening a Harvard Law School acceptance email. There’s a lot more to him than the video, and Staton wanted to connect with classmates more significantly while they attended remote classes over the past year. Special thanks to our sponsor, LawPay. Learn more about your ad choices. Visit megaphone.fm/adchoices

Aug 30, 202124 minSeason 1Ep. 173

For this lawyer, becoming more flexible was a benefit of the pandemic

Lawyer Patrick Krill learned to be more flexible during the pandemic, with inspiration from "Be Water," an ESPN documentary about martial artist and actor Bruce Lee. Special thanks to our sponsor, LawPay. Learn more about your ad choices. Visit megaphone.fm/adchoices

Jul 26, 202137 minSeason 1Ep. 172

Saying yes has been part of this law school dean’s strategy during the COVID-19 pandemic

As the dean of Pennsylvania State University's law school during the COVID-19 pandemic, and at a time of significant social unrest, Hari Osofsky tried to say yes whenever possible. Leadership involves taking in a variety of viewpoints, she explains, and recognizing what students, professors and administration want is a good way to guarantee people that they are being heard. Special thanks to our sponsor, LawPay. Learn more about your ad choices. Visit megaphone.fm/adchoices

Jun 28, 202132 minSeason 1Ep. 171
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