Litigation Radio

In this episode, we discuss the topic every litigator must deal with at some point: effective business development strategies. Guests Maureen Cruz, Ph.D., and Tracey Salmon-Smith, both with the firm of Faegre Drinker Biddle & Reath LLP, share tips for new business development. Waiting for the phone to ring and a client to drop into your lap isn’t a strategy. Running a practice and serving current needs take up a lot of your time. But if you can, try to carve out at least 10 to 15 percent of your time to network, follow up with clients, and put yourself in front of new clients and new environments. Client and business development is a deliberate process. Start by setting some time aside on your calendar. Keep up with those touchpoints and connections. Talk with colleagues across your firm. Read something that might impact a client’s interests? Pass it along. Whether it’s through publishing, speaking, networking, ABA involvement, or pro bono work, listen to two experienced professionals describe how to mindfully build your business. Have a question, comment, or suggestion for an upcoming episode? Get in touch at [email protected] and [email protected]. Resources: 2026 Women in Litigation CLE Conference American Bar Association American Bar Association Litigation Section

In this episode, the topic every litigator must deal with at some point: effective business development strategies. Guests Maureen Cruz, Ph.D., and Tracey Salmon-Smith, both with the firm of Faegre Drinker Biddle & Reath LLP, share tips for new business development. Waiting for the phone to ring and a client to drop into your lap isn’t a strategy. Running a practice and serving current needs take up a lot of your time. But if you can carve out at least 10%-15% of your time to network, follow up, and put yourself in front of new clients and new environments. Client and business development is a deliberate process. Start by setting some time aside on your calendar. Keep those touchpoints and connections up. Talk with colleagues across your firm. Read something that might impact a client’s interests? Pass it along. Whether it’s through publishing, speaking, networking, ABA involvement, or pro bono work, hear how you can mindfully build your business. Have a question, comment, or suggestion for an upcoming episode? Get in touch at [email protected] and [email protected]. Resources: 2026 Women in Litigation CLE Conference American Bar Association American Bar Association Litigation Section

Have you ever thought about writing the perfect legal brief? Guest David N. Greenwald has, so much so that the retired Cravath, Swaine & Moore partner wrote a book on the subject: Sentence, Paragraph, Argument, Brief: Meeting the Four Challenges of Legal Writing. The book is the culmination of a 30-year legal career, beginning with a clerkship and the lessons learned under the guidance of the Hon. Richard A. Posner, Chief Judge of the United States Court of Appeals for the Seventh Circuit. Reading, digesting, and understanding everything related to each brief proved to be the foundation of good legal writing, Greenwald says. Throughout his career, Greenwald intentionally honed his skills, from writing briefs to eventually, as a partner, editing them. With each paragraph and edit, he focused on the construction and flow of each argument. Writing, Greenwald explains, is a linear process, putting ideas and sentences in a logical progression. A brief, he says, is a special kind of writing that must be learned. It starts with a statement of fact or history, building a narrative. But it’s also a work focused on clarity, without surprises or suspense. Hear Greenwald’s discussion of the art, and science, of legal writing and the principles of a clear, persuasive argument. Have a question, comment, or suggestion for an upcoming episode? Get in touch at [email protected] and [email protected]. Resources: Hon. Paul R. Michel, Chief Judge (Retired), U.S. Court of Appeals for the Federal Circuit on C-SPAN 2026 Women in Litigation CLE Conference American Bar Association American Bar Association Litigation Section “Sentence, Paragraph, Argument, Brief: Meeting the Four Challenges of Legal Writing,” by David N. Greenwald

This is a fun one. As we know, Litigation Radio said goodbye to longtime host Dave Scriven-Young this summer. But what do we know about our new hosts, Michal “Mic” Rogson and James “Jim” Reeder? Believe it or not, they didn’t know each other well before agreeing to cohost the show. That’s a surprise. But they knew “of” each other professionally through ABA Litigation Section circles. In this episode, they interview each other. Not the resume stuff, but rather: What makes them tick? Who knew both hosts, while successful litigators, shared a passion for entertainment, even Broadway? (Hello, any agents out there!) While those dreams may never be reached, they agree being an attorney provides that creative outlet. Find out how an African American radio station, childhood dreams, and religion shaped the careers of Mic and Jim. Taking a moment to reflect on your own life journey can help shape the future of your career. What did you want to be, and where are you going? Have a question, comment, or suggestion for an upcoming episode? Get in touch at [email protected] and [email protected]. Resources: The American Leadership Foundation American Bar Association 2026 Women in Litigation CLE Conference American Bar Association Litigation Section

As the saying goes, a good lawyer knows the law, a great lawyer knows the judge. Building credibility with the court in any case is vital. Veteran attorney and longtime judge Mark Drummond explains why and how you earn trust. Trust and credibility are built brick by brick. It takes a lifetime to build your reputation, but breach that trust once, and the judge will never forget. And make no mistake, judges talk among themselves, so willful missteps will be known across the courthouse and for the rest of your career. Understand the meaning of “candor to the tribunal.” When dealing with a judge, telling the truth is one thing. That can mean presenting the strengths of your case. But candor is what you also share with the judge beyond that, the thorns of the case. Judges who feel you weren’t completely candid may never fully take you at your word again. They may forever wonder what you’re withholding. If you’ve ever wondered what a judge is thinking about you, Judge Drummond lets you know and shares some of his favorite tips for building credibility and putting your best foot forward from the moment you walk into the courtroom. Resources: Previous appearance on the Legal Talk Network, “NYU’s Civil Jury Project (State Bar of Texas Annual Meeting 2024),” State Bar of Texas Podcast American Bar Association “Free Legal Answers” Civil Jury Project, NYU School of Law Susman Agreements: Clarity for the Rules of Civil Procedure Access to Counsel Project, Federal Bar Counsel “Dealing With Jerks,” by Judge Mark Drummond in ABA Litigation News “Understanding the Pareto Principle (The 80/20 Rule),” Better Explained American Bar Association American Bar Association Litigation Section

Is your career stuck in a rut? Hear what it takes to carve a meaningful career in law, as host Michal “Mic” Rogson sits down with Jill Wine-Banks, a history making lawyer who served as the only woman on the Watergate prosecution team and left a trail of shattered glass ceilings throughout her career. Wine-Banks shares how she built her extraordinary career tackling organized crime, a corrupt president, and led military and state legal teams. She headed the American Bar Association, corporate legal departments, and went on to host influential podcasts, published an autobiography, and serves as a legal consultant and contributor for MSNBC. Feeling locked in place in your career? Wine-Banks offers motivational insights about taking risks, moving forward, and never settling for the status quo. What do you really want to do, and what’s holding you back? Throughout her fascinating career, Wine-Banks continually accepted new challenges, broke down barriers, and reinvented herself over and over again. Resources: iGen Politics podcast Just the Facts podcast Jill Wine-Banks, Wikipedia entry “The Watergate Girl: My Fight for Truth and Justice Against a Criminal President,” by Jill Wine-Banks “The Presentation of Self in Everyday Life,” by Erving Goffman, Amazon “Gideon's Trumpet: How One Man, a Poor Prisoner, Took His Case to the Supreme Court and Changed the Law of the United States,” by Anthony Lewis Assembly of Captive European Nations, Wikipedia American Bar Association American Bar Association Litigation Section

Let’s talk about associate retention, keeping those young lawyers you’ve recruited and mentored at your firm. It shouldn’t be a given that every associate will take what you’ve taught them to another firm in two or three years. Guest Ben Dachepalli is a veteran lawyer and a partner in the Tampa office of Bradley Arant Boult Cummings LLP specializing in construction law. As a senior member of his firm, Dachepalli says retaining young associates is more than a transactional activity, it’s building the firm and developing the next generation of leaders. When he’s interviewing prospective hires, “I’m not interviewing my next associate, I’m interviewing my future partners.” Don’t think of young lawyers as associates who will move on— develop them so they not only want to stay but also want to become leaders in your firm. For Dachepalli, the “secret sauce” is an inclusive, team-based approach. Ensure associates are involved and invested in the firm’s success, not simply completing assigned and rote tasks. Communicate with associates as peers, give them responsibilities, and show them they are valued. Involving associates in multiple levels of a case and asking for their input from the start not only shows them you value their skills, but also helps senior attorneys spot unexpected angles and see a case from a different perspective. (And remember, today’s young lawyers grew up with today’s technology, they might even teach you something). Resources: ⁠American Bar Association⁠ ⁠American Bar Association Litigation Section⁠

When do you need to start thinking about finding and retaining your expert witnesses as cases progress through the litigation process? Timing is a critical part of your strategy. Often, it’s “the earlier, the better.” Guest Monica Poole is the director of expert witness services at Round Table Group, a national firm that helps litigators connect with trusted and vetted expert witnesses. Poole explains how the best experts can be hard to find, have busy schedules, and can help plot strategies from the beginning so you avoid dead ends and focus your energy. From the plaintiff’s side, the more complex the case the more important it is to start early. Do you truly have a case? An expert can help decide if a case is worth litigating. From the defense side, an early start can be valuable when a case demands an expert in narrow, niche fields. In many cases, attorneys are racing the clock with looming court deadlines. Not all experts are equal. The best not only provide technical input but also help craft discovery demands, decipher provided materials, and skillfully explain complex topics in layman’s terms to a judge and jury. Knowing when, and how, to engage the right expert is a critical part of every case. Hear how working with a service such as Round Table Group can help build and present a case and drive it to a successful conclusion. Resources: Round Table Group American Bar Association American Bar Association Litigation Section

In this episode, we say farewell to longtime host Dave Scriven-Young as he turns the podcast hosting duties over to James “Jim” Reeder and Michal “Mic” Rogson. Beginning with the next episode, Jim, an accomplished commercial trial litigator, and Michal, a veteran litigator who strives to turn complex legal issues into clear, concise arguments, will continue Dave’s passion for helping lawyers and law firms thrive. Dave leaves with a few words of advice for both rising young attorneys and established firms looking to the next step. “Build a career that you’ll still love in 20 years,” he says. Curate your life, not just your résumé, and do the things that bring you satisfaction. Learn to say no early in your career. Not every challenge is right for you, and too much static can lead to burnout. Build relationships and guard your reputation, people remember you as a person long after they’ve read your résumé. Assess every step of your career and pivot as needed, people and situations change. And finally, know when to lift up others, help those coming up behind you, be a mentor, and share what you’ve learned. Dave will continue to remain active in the Litigation Section of the American Bar Association and is always eager to meet listeners and share stories at Litigation Section events. Resources: American Bar Association American Bar Association Litigation Section American Bar Association Litigation Journal

Mediation has become the rule, not the exception, in litigation. It’s a half a billion-dollar industry with some 90 percent of cases settled outside the courtroom. That’s why mediation and negotiation skills are so critical for all litigators regardless of practice area. It’s about knowing how to manage a mediation and knowing how to find and agree to a mediator or arbitrator. Host Jim Reeder is a longtime, accomplished litigator with a deep understanding of the nuances of successful mediation. And guest John Barkett is an experienced, internationally recognized, and board-certified mediator and arbitrator, overseeing settlements in complex cases involving environmental law and construction. Mediating or arbitrating a case is a complicated and deeply rewarding field, as Barkett explains. Not only are experience and training crucial, but a successful outcome can also rely on a mediator’s temperament. For litigators, finding the right mediator is vital. If you haven’t been involved in a high-stakes arbitration or mediation, you will be someday. Get real insights you can use from true pros, from choosing the right mediator to preparing clients for their role and making your opening presentation. Learn what you need to do in advance and how to evaluate risks and likely outcomes before you walk into a session. Plus, a quick tip from Elizabeth S. “Beth” Fenton, author, experienced attorney, and co-chair of the American Bar Association’s Mental Health & Wellness Committee. Resources: American Bar Association American Bar Association Litigation Section American Bar Association Litigation Section committee on Mental Health & Wellness

E-discovery is one of the hottest areas of litigation today. AI chats, Slack and social media, and confidentiality concerns are big news. As the field advances, it’s becoming increasingly important that legal professionals understand not just how to manage their own team’s data, but also what to ask for in discovery. Guest Nicole Gill, author of Best Practices for E-Discovery: A Practical Handbook (American Bar Association), explains how new sources of digital data emerge almost daily and how rules of collecting and preserving data trails, as well as data generated by AI chatbots, are constantly evolving. You need to stay up to date or you’ll be left behind. Knowing how to broadly expand your discovery requests can be crucial. It’s every attorney’s duty to understand the digital environments where important information, records, and communications live (and sometimes hide). Snapchat, WhatsApp, Facebook, and Slack are changing the way your own clients, and any subject of discovery requests, communicate. What must be preserved and what can be reviewed? And how are countries outside the United States (including China and the EU) managing data and privacy? Plus, a quick tip from guest Lindsay Polega as she explores the value of taking on pro bono work. It can be hard to take a full-time job fighting for justice. Those jobs don’t pay well, and many attorneys are wrestling with overwhelming student loans. But you can still do good by taking on some pro bono work, helping others while getting back to the ideals that got you into the field of law. Resources: Slack WhatsApp Snapchat ChatGPT Thomson Reuters CoCounsel American Bar Association American Bar Association Litigation Section

Get down with lawyers who rock, and some rock that led to lawsuits. Litigators Andrés Correa and Chris Patton of the Dallas firm Lynn Pinker Hurst & Schwegmann LLP are both rock and rollers and accomplished litigators. Hear how they make time for their passion for music, and how the outlet releases stress and opens paths to creative thinking and strategies they’ve applied to their legal careers and cases. Their passion for music inspired them to co-write the Litigation article “Rock Around the Court: How Copyright Litigation Reflects the Muddy Origins of Rock ‘n’ Roll,” which explores the legal issues surrounding music and creativity. As those who came before influence styles later, music copyright claims have led to legal cases that shape the world of music and art. Lawsuits continue to this day. What’s “inspiration” and what’s copyright infringement? From Elvis to Led Zepplin to today. Now, imagine where the brave new world of AI is going to take us. Resources: “Rock Around the Court: How Copyright Litigation Reflects the Muddy Origins of Rock ‘n’ Roll,” by Chris Patton and Andrés Correa, Litigation Journal “Jimmy Page, Sony Pictures Sued by Songwriter Over Led Zeppelin Song,” Reuters “Led Zeppelin Emerges Victor in 'Stairway to Heaven' Plagiarism Case,” Reuters “George Harrison’s “My Sweet Lord” Copyright Case,” Performing Songwriter “Robin Thicke, Pharrell Williams to Pay $5 Million to Marvin Gaye Estate for 'Blurred Lines'” NBC News “Reggaeton Copyright Infringement Lawsuit Targeting Over 100 of the Genre’s Biggest Acts to Move Forward,” Variety American Bar Association American Bar Association Litigation Section

The imbalance of power in the courtroom is often very real whether that’s a David vs. Goliath battle pitting a small-firm plaintiff against a corporate giant, or a situation where a judgment-proof or anonymous defendant evades accountability. The scales of justice are sometimes uneven. Guests Marcus Chatterton and Fred Tecce are veteran litigators who have found themselves in countless courtroom skirmishes opposing all manner of large and small businesses in a variety of corporate, patent, trademark, criminal, and personal injury issues. They explain how tech can help balance an imbalance of resources. Deep pockets may have been an advantage, whether that’s in the form of available manpower or the ultimate ability to pay a claim. But that doesn’t have to be the case. Modern, novel legal approaches and today’s tech tools can help level the playing field as software programs can analyze mountains of evidence that used to require hours of poring through boxes of paper that could overwhelm small firms. “Technology assisted review” is a growing field. Will AI further help attorneys battle an information dump in discovery or chase down anonymous actors and follow online breadcrumbs? The key is pairing legal skills and experience with tech, not only learning to use the newest tools but also learning to explain the findings and methodology to a judge and jury. Technology is changing everything from the way you prepare for trial to the way you present your case. Whether you’re a “Goliath” with a duty to assemble and turn over mountains of discovery, or a “David” faced with digging through that evidence and uncovering precedents that back your client, tech tools are blazing a new trail. Resources: “The Prelitigation Advantage: Leveraging AI for Discovery and Pleadings,” by Nicole Black, ABA JournalNational Institute for Trial AdvocacyThomson Reuters Legal TechnologyWestlawOncue Legal Presentation Software“WIPO Guide to the Uniform Domain Name Dispute Resolution Policy (UDRP)”“PGA Golfer Phil Mickelson Sues to Find Source of 'Defamation'”American Bar AssociationAmerican Bar Association Litigation Section

What’s it like to be a prosecutor in a case so high-profile it was dubbed “the trial of the century”? This special episode of Litigation Radio features guest John Meadors, the veteran murder trial prosecutor hired by the South Carolina Attorney General’s office to help prosecute prominent South Carolina attorney Alex Murdaugh in the sensational 2023 murder trial. In South Carolina, there had perhaps never been a more highly watched and scrutinized trial, and reporters and TV trucks filled the courtroom and the streets. Hear how Meadors and the prosecution team maintained focus and composure under the glare of television cameras and inside a packed courtroom facing a highly skilled and experienced defense team. The pressure during the weeks-long trial was enormous as reporters struggled to uncover every detail while attorneys and the court worked to maintain decorum and ensure a fair and just outcome. Meadors will join the American Bar Association’s Litigation Section Annual Conference as a guest in a session titled, “The Court of Public Opinion: Litigating in the Media Spotlight.” In addition to the conversation with John Meadors, this episode features Larry Kristinik, Chair of the ABA Litigation Section, who provides tips on preparing for large legal conferences, and Judge Griselda Vega Samuel, who highlights the upcoming ABA Litigation Section Annual Conference in Chicago. Mentioned in This Episode: “'He lied and lied!' John Meadors closing argument in Alex Murdaugh trial: full video” YouTube “Trial of Alex Murdaugh,” Wikipedia “To Crown a King, Kill the Law,” by Leonard Niehoff, Detroit Daily News Professor Leonard Niehoff: “Mathew Rosengart, Power Litigator Who Freed Britney Spears From Conservatorship, Closes Chapter of Representing Pop Superstar,” The Hollywood Reporter American Bar Association 2025 Litigation Section Annual Conference April 30 – May 2, American Bar Association American Bar Association Litigation Section

Get ready to take notes. In this episode, successful litigators and guests Monette Davis, Mark Romance, and Joseph Schaeffer walk us through 10 steps for setting up a successful litigation practice and being a successful litigator. Whether you’re fresh out of law school or setting off on your own after working for a firm, these tips will propel you forward. Your reputation is vital. Hear how to become the most trusted person in the room and a good teammate with a clear, honest voice. Build your reputation with everything you do, whether that’s being impeccably prepared or simply being on time and organized. Think about how you want others to see you (and what you want them to say about you when you’re not in the room). Little things matter, like knowing the rules. Not just the stuff you learned in law school, but state and local rules, even rules specific to an individual judge. Being a top litigator is all about being professional, honest, trustworthy, dependable, and prepared. Take advantage of this insightful, heartfelt mentoring session from three litigators who have been there, done that, and built successful careers. (And don’t forget to be good to yourself.) Resources: American Bar Association American Bar Association Litigation Section

Berkeley Research Group (BRG) is a Premier Sponsor of the ABA Litigation Section. On this Litigation Radio episode, we will hear from Deepa Sundararaman, Director with BRG, about diversity in experts. The selection of BRG as the subject of this interview should not be construed as an endorsement by the American Bar Association of BRG and its services. ----------------------------------------------------- Attracting, retaining, and promoting a diverse panel of experts remains an important issue for successful attorneys winning cases. A diverse panel of attorneys and experts leads to better thinking by helping legal teams understand how jurors with different backgrounds and experiences will interpret evidence and testimony. Guests Tiffany Shimada and Deepa Sundararaman explain how optimal results follow when we widen the thought process and open ourselves to new angles and ways of thinking. Hear how a diverse team of lawyers and experts can help legal teams spot storylines and arguments that persuade juries. Tiffany and Deepa share examples of when broadening the team and seeking diverse opinions, experiences, and networks worked. Diversity isn’t about politics. It’s about winning cases and satisfying clients. Hear how you can broaden your network of experts and tap into new perspectives you may not have considered, perspectives that could sway jurors in ways you might be missing. Resources: McKinsey & Company, “Diversity Matters Even More: The Case For Holistic Impact” National Association of Women Lawyers American Bar Association American Bar Association Litigation Section

What happens when your relationship with a client sours? When, and how, can you fire a client? And how can you avoid getting to that point? Guest Michael LeBoff is a veteran litigator who has worked with a variety of clients over his 25-year career. LeBoff explains that client issues are, in most case, simply a matter of communication, payment, or a client’s frustration with the legal system. The system is complicated, cases take time, and costs may surprise unprepared clients. A lot of this is about managing client expectations. For instance, if a case is held up in a court calendar, communicate to your client that you’re still on the case and let them know what’s going on. But despite all efforts, sometimes things simply don’t work out and you may need to fire a client. It could be over slow payments or because a client has pushed you to behave unethically. Withdrawing from a case has its complications, ethical considerations, and Bar requirements. In these situations, it helps if you’ve documented everything in writing. That includes your strategy, desired outcomes, and costs. Listen to this episode for best practices, how to protect yourself, and how to avoid minefields. RESOURCES: ABA Rule 1.16: Declining or Terminating Representation 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 Deena Pack, Senior Manager of Expert Witness Services at Round Table Group. 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. Finding an expert witness goes beyond fancy credentials and an impressive CV. Guest Deena Pack is a senior manager of expert witnesses for Round Table Group, which wrangles experts for attorneys in cases nationwide. She’s joined by Dan Elms, a shareholder and veteran litigator with the law firm Greenberg Traurig. Let’s dig in. It starts with the CV, but there’s more to it. Don’t be afraid to start with a video interview. Experts may look good on paper, but it’s important to know if they can convey their expertise to a jury in a clear, relatable manner. Presentation and communication can be as important as expertise and authority. Your client’s case may hinge on the experts you select. Don’t be shy about challenging them (because opposing counsel sure will). The jury must trust your witness, but that can be a delicate dance. Too aloof, you lose your audience. Too casual, the jury may wonder if your witness is really an expert. And don’t forget the practicalities. You need an available witness, not someone with a planned lengthy vacation on their calendar. Is the expert a team player who could suggest angles you haven’t considered? What about references from other lawyers? Plus, it’s important to understand what kind of expert you need for your case. Industry knowledge can differ from academic expertise. Can your experts explain where their academic qualifications extend into the specifics of your case? Get the inside scoop on the art of selecting expert witnesses from two guests who live this. Resources: American Bar Association American Bar Association Litigation Section

Bullying is a real problem in the legal profession impacting recruitment, retention, and even driving lawyers out of the field. Guests Stephanie Scharf and Bobbi Liebenberg, through The Red Bee Group consulting firm, co-authored a report commissioned by the Illinois Supreme Court Commission on Professionalism titled “Bullying in the Legal Profession: A Study of Illinois Lawyers’ Experiences and Recommendations for Change.” We’ve heard anecdotes about bullying in the legal profession, but while anecdotes get some attention or raise eyebrows, they don’t drive change. That takes data. The study produced by Liebenberg and Scharf produced a mountain of compelling data through a survey of more than 6,000 Illinois attorneys. The shocking result: One in four lawyers surveyed reporting bullying. Numbers don’t lie, bullying in the legal profession happens. A lot. Bullying is more than incivility and rudeness. It involves power imbalances, intimidation, humiliation, and control. Sometimes it’s even physical. The study delivers a deep dive into a problem that has received little to no formal examination. Bullying impacts every field and lawyer in the profession, but it’s especially problematic for younger lawyers, women, people with disabilities, and people of color. It’s not “just hazing” and it can no longer be tolerated. This episode will have people talking. Resources: Illinois Supreme Court Commission on Professionalism “Bullying in the Legal Profession: A Study of Illinois Lawyers’ Experiences and Recommendations for Change” by Bobbi Liebenberg and Stephanie Scharf “Her Story: Lessons in Success From Lawyers Who Live It” by Teresa M Beck, Shayna Michele Steinfeld, and Jacqueline Mecchella Bushwack “Her Story: The Resilient Woman Lawyer's Guide to Conquering Obstacles, Book 2,” edited by Teresa M Beck, Alicia M Menendez, and Shayna Michele Steinfeld Previously on the Legal Talk Network, Bobbi Liebenberg and Stephanie Scharf on Lawyer 2 Lawyer, “A Study Into Women Leaving the Law” American Bar Association American Bar Association Litigation Section

Civility. There seems to be a lack of it these days. But being civil, developing relationships, and settling differences professionally is especially important in the legal profession. Guests Sonja Arndt-Johnson and Jeanne Huey have studied and written about the line between vigorous representation and civility. Civility in the profession starts with courtesy and politeness, but it’s more than that. It’s about ethical behavior and polite, professional interactions not only with opposing counsel, but with everyone in the courthouse, from clerks to judges. Civility makes the legal system work. But what happens when an attorney steps outside the lines and acts in an uncivil manner? In many cases, civility isn’t just a nice idea, there are rules—both in the courts and through the American Bar Association and state bars—that govern professional behavior and that require attorneys to act with honesty, integrity, and civility. The law is a stressful profession, and it’s vital we keep our heads and remain civil. Harassing behavior and lashing out are never acceptable (and in some cases extreme conduct can result in fines and other disciplinary action). Listen now to learn more about keeping your cool to get ahead. Resources: “Rule 3.4: Fairness to Opposing Party & Counsel,” American Bar Association “Civility Versus Zealous Advocacy: An Attorney’s Duty,” American Bar Association, by Sonja Arndt-Johnson “The Power of Three: Civility, Professionalism, and Zealous Advocacy,” American Bar Association, by Jeanne M. Huey” American Bar Association American Bar Association Litigation Section Chapters: 00:00 Topic Introduction 02:47 What Is Civility? 08:11 Disciplinary Rules for Acting Uncivilly 17:12 Continuance 31:15 Health & Wellness Tip

As the year winds down, it’s a good time to take stock of your life as both a person and a litigator. Are you going in the direction you want, are you shortchanging one aspect of your life to benefit another? Is it working for you? Guests Anne Marie Seibel and Paula Hinton are experienced and highly successful litigators who explain how they learned to balance family and careers, professional goals, and personal aims. There are times when one part of your life demands your full attention, and then there are times when it’s acceptable to say “no” to a request. Learning to follow mentors, listen to colleagues, and balance family is an art. A big part of this is building your “board of directors,” people you trust to give you honest feedback, people you can lean on for both support and guidance. Your life, professional and personal, is a marathon, not a sprint. Take a moment now and then to listen to yourself and your “team” to learn where you are, where you’re going, and what you want. Life throws a lot at you – sometimes things you can’t control, like the COVID pandemic – and each challenge can take control of your career and your life if you let it. Take charge of your life. Resources: Previously on Litigation Radio, “Step by Step: How a Prominent Litigator Build Her High-Profile Career" American Bar Association American Bar Association Litigation Section

When is it time, and how do you know, to step back from your busy, often hectic, law practice and move on to a new chapter. And how do you prepare? Guests Charla Stevens and David Soley have both been highly successful attorneys in New England. Stevens moved on from her work at a law firm to establish a consulting firm, Charla Stevens Consulting. Soley continues to work at the firm Berstein Shur and is the author of the American Bar Association book “Transitioning to Happiness: Type A Lawyers and Retirement.” Soley says lawyers should start preparing now. Being a trial lawyer is a passion, but it’s important to regularly take stock and reflect on your situation. How do you feel? Are you still excited? What would you do if you were no longer a lawyer? It’s important to stay in touch with yourself and create a plan for your second act so that you’ll have an “escape hatch” when you realize it’s time to go. Don’t wait for the last minute. Stevens’ former firm even encouraged litigators to think ahead and understand how many hours they want to work. Hear how she learned to recognize the factors that nudged her to step away and engage in something new. The loss of empathy, stress even outside the workplace, headaches, and even lack of sleep can all be warning signs. We know good litigators are “Type A,” people. And our guests agree a rocking chair isn’t the answer for many of us. Hear how you can identify your other passions, outside the law, and pursue them. Make a list, make a plan, get excited. Consulting, writing, travel, sports, volunteering, teaching? They can offer a fulfilling way to engage and excel. There is life outside the courtroom. Resources: Coastal Maine Botanical Gardens Bernstein Shur website American Bar Association “Real Estate Litigation Handbook” by David Soley “Transitioning to Happiness: Type A Lawyers and Retirement,” by David Soley Charla Stevens Consulting website American Bar Association American Bar Association Litigation Section

Berkeley Research Group (BRG) is a Premier Sponsor of the ABA Litigation Section. On this Litigation Radio episode, we will hear from Jeffrey Klenk, Managing Director of BRG, about hiring economists as experts. The selection of the BRG as the subject of this interview should not be construed as an endorsement by the American Bar Association of BRG and its services. ----- More than 10,000 federal class action cases were filed last year, covering a range of areas including securities, antitrust, employment, and consumer protection. What do they have in common? They often rely on an economist’s expert analysis and testimony. So how early should you hire an economist to pick through the data? Guest Jeffrey Klenk, a managing director with the consultant firm Berkeley Research Group (BRG), shares best practices for working with an economist expert witness. Hear how an economist can help litigators, judges, and juries understand what matters in a case by dissecting transaction-level data, valuations, and the impact of outside influences you may not have considered. Here’s a spoiler: Klenk says it can be “fiendishly difficult” to not only understand the merits of a case but also the viability as a class action for both the defense and plaintiffs. From analyzing a case’s potential before filing, to focusing depositions, and to courtroom testimony, an economist can be a litigator’s most valuable tool. When economists and attorneys work together, good things can happen. Plus, a “quick tip” from Latosha M. Ellis of the firm Hunton Andrews Kurth on professional civility. You don’t have to agree with, or even like, everyone. But remember, what goes around comes around. Resources: “Goldman Sachs Settles 2014 Class Action Lawsuit Tied To Metal Trades” “Court Rejects Antitrust Suit In Victory For Comcast” Berkeley Research Group (BRG) “United States - Economist's Perspective (2023/2024): Class Actions – Litigation, Policy and Latest Developments” by Noureen Akber, Jeffrey Klenk, and Mike McDonald 2024 Professional Success Summit, American Bar Association “About Section 337,” United States International Trade Commission American Bar Association American Bar Association Litigation Section

Let’s look at two recent Supreme Court cases impacting the role and powers of federal regulators. After decades of accepted areas of law that deferred to federal regulators, we are witnessing a shakeup through rulings on the so-called Chevron Deference and the Corner Post decision. How will these landmark rulings change the power held by agencies? The modern regulatory state of the federal governments evolved after the Great Depression during the New Deal to tighten lax oversight blamed for many elements that led to the Depression. As new agencies were created, regulators came to enforce developing legislation, such as the Securities Exchange Act and labor rules. Seventy plus years later, we have our alphabet soup of federal agencies. Expect a slew of new challenges and litigation to follow. “It is impossible to overstate what a complete wreck this is going to make of everything,” says guest and associate professor of administrative law Gwendolyn Savitz, calling the effect of the rulings “calamitous.” How can legislators put the toothpaste back in the tube? “Chevron’s a big deal, it’s reversal’s a big deal,” adds guest and regulatory law veteran Paul Weiland. If you’re involved in regulatory law, you can’t miss this episode. Resources: “Reassessing Administrative Finality: The Importance of New Evidence and Changed Circumstances,” by Gwendolyn Savitz Administrative Procedures Act, Cornell Law School “Loper Bright, Skidmore, and the Gravitational Pull of Past Agency Interpretations,” Yale Journal of Regulation Chevron U.S.A. v. Natural Resources Defense Council, via Justia Corner Post, Inc. v. Board of Governors of the Federal Reserve System, SCOTUSblog Loper Bright Enterprises v. Raimondo, SCOTUSblog Magnuson-Stevens Fishery Conservation and Management Act, NOAA “The Supreme Court Ends Chevron Deference – What Now?” NRDC American Bar Association American Bar Association Litigation Section

It’s summertime, and that means it’s time for law student summer associate and clerkship programs. If you’re a law student, hear from two successful lawyers who used summer associateships to launch bright careers. Guests Monica Latin and Debrán O'Neil are partners at Carrington Coleman Sloman & Blumenthal LLP in Dallas. Latin is now the managing partner while O’Neil is the hiring partner who oversees the firm’s summer associate program. Together, the two provide real-life tips for students in associate programs. Hear the things they look for in an associate and clerk and how these programs lead to job offers. Associateships and clerkships are opportunities often not available to students in other career paths. Make the most of them. In a summer program, remember your goals. Do good work and build relationships. Remember why you’re in an associateship or clerkship. Hear what firms are looking for and how they judge performance. These programs are job interviews. Not just for the firm but for students exploring the firm. Learn what makes a good cultural fit. Both sides are observing each other. Attitude is everything. Be positive. Say yes to opportunities. And make the most of your summer program. Resources: Carrington Coleman Sloman & Blumenthal LLP American Bar Association American Bar Association Litigation Section