Episodes
Lawyers, especially litigators, like to say they never ask a question that they don’t already know the answer to. But there’s plenty of unknowns out there—especially when it comes to how a case might turn out or how much it will cost. Predictive judicial and law firm analytics take some of that guesswork out of the equation.
Published 11/13/24
Glenn Fine's career-long crusade against corruption might have its roots in his college days. As a point guard for the Harvard basketball team, Fine had his personal best game on Dec. 16, 1978, the same day he interviewed for–and received–a Rhodes scholarship. He put up 19 points against Boston College, including eight steals, and the team nearly eeked out a win against the favored Boston players. A remarkable day.   What Fine would later discover was that mobsters had bribed Boston College...
Published 11/06/24
The first image conjured in your mind by the word “sheriff” might be the protagonist of a Wild West movie or Robin Hood’s foe, the Sheriff of Nottingham. But unless you’re a resident of Alaska, Connecticut, Hawaii and Rhode Island, there’s likely an elected law-enforcement official in your area who holds that title. In The Highest Law in the Land: How the Unchecked Power of Sheriffs Threatens Democracy, lawyer and journalist Jessica Pishko takes a deep dive into the history of this position...
Published 10/24/24
The generative artificial intelligence tool is not just designed to transcribe depositions. It looks for inconsistencies. It suggests questions to ask. It analyzes the transcript in real time to see whether there are issues that have to be cleared up or areas of weakness to address. In other words, it's like having another attorney in the room—only one who's capable of digesting large amounts of data and analyzing it quickly.
Published 10/16/24
Most—though not all—of the 13 short stories in Company deal with members of the Collins family. Three generations of narrators bear witness to the changing fortunes of the family, and as with any witness statement, everyone has a different perspective on what actually happened. Also, there are ghosts—and at least one witch.  The matriarch and patriarch of the Collins family ran a jazz club in Atlantic City. Their four daughters and eight grandchildren face issues of race and class, fecundity...
Published 10/09/24
Jill Barton spent the first decade of her career working as a journalist, with the Associated Press Stylebook always at hand to determine word usage and punctuation choices. But when she became an attorney, she says, she realized that there was no single equivalent style guide when it came to legal writing—and she had to adjust to using the Oxford comma. As a professor of legal writing at the University of Miami, she also began to notice a contrast between the classic 19th and 20th century...
Published 09/25/24
Much has been made of the gigantic access-to-justice gap in this country. One possible way to help bridge the gap is to expand the pool of people eligible to practice law. Of course, that raises age-old concerns about unauthorized practice of law.
Published 09/18/24
Justice David W. Ellis has served on the Illinois Appellate Court for the 1st District for nearly 10 years. But readers may know him better as author David Ellis, writer of more than a dozen legal thrillers. Ellis had enjoyed creative writing as a youth, he tells the ABA Journal’s Lee Rawles in this episode of The Modern Law Library. But during his college and law school years, he was focused solely on his legal career path. It wasn’t until he had been in practice for a few years that this...
Published 08/29/24
The LSAT is facing competition from the JD-Next exam, and many states are reconsidering their licensing methods as the bar exam as we’ve known it sunsets in 2028. Kellye Testy, the executive director and CEO of the Association of American Law Schools, talks with the ABA Journal’s Julianne Hill about why those changes are happening now and what it means for law schools and students.
Published 08/14/24
The goal of the bar exam is to be a gatekeeper for the legal profession and protect the public. But the current system, dominated by the Uniform Bar Examination, gets a failing grade from Joan Howarth, an academic, an attorney and the author of Shaping the Bar: The Future of Attorney Licensing.
Published 07/24/24
There has been a lot of talk and concern about generative AI tools and how they are changing the legal industry. A major worry for many lawyers is that these tools could replace them or make them redundant. But what about the potential of generative AI to help lawyers generate business, market themselves more effectively, and make more money?  On this month's episode of the Legal Rebels Podcast, Gyi Tsakalakis, founder of AttorneySync and EPL Digital and digital marketing expert, talks about...
Published 07/17/24
Do you need some distractions during vacation travel or while lying directly under your A/C unit and sweating? It’s time for The Modern Law Library’s summer recommendations episode, in which host Lee Rawles shares her pop culture picks with you, plus a re-airing of one of our older episodes with current relevance. As states navigate a post-Dobbs world, a series of federal and state regulations known as Comstock Laws are being discussed as avenues to further restrict access to abortion drugs...
Published 07/10/24
Finances are a fraught area for many attorneys. Despite a high earning potential, new lawyers often start out with a financial disadvantage due to the opportunity cost of the years devoted to school and bar prep, coupled with high student loans. People who chose to get JDs instead of MBAs often find themselves having to operate as entrepreneurs to launch a small firm or solo practice. In The Lawyer Millionaire: The Complete Guide for Attorneys on Maximizing Wealth, Minimizing Taxes, and...
Published 06/19/24
A commonly cited solution to helping bridge the access-to-justice canyon is for lawyers to provide more pro bono work. In that regard, have generative artificial intelligence tools made it easier for lawyers to provide pro bono services?
Published 06/12/24
Originalism is the ascendant legal theory espoused by conservative legal thinkers, including the majority of U.S. Supreme Court justices. But far from being an objective framework for constitutional interpretation, says author and attorney Madiba Dennie, its true purpose is to achieve conservative political aims regardless of the historical record.  In The Originalism Trap: How Extremists Stole the Constitution and How We the People Can Take It Back, Dennie traces the roots of originalism as...
Published 06/05/24
Networking is something that comes naturally to some people. But if the idea of talking to strangers makes you break out into a cold sweat, there’s help and hope, says Deb Feder, author of the book After Hello: How to Build a Book of Business, One Conversation at a Time. “You have picked a profession that is never finished meeting people,” Feder writes of lawyers. A practicing lawyer for many years, Feder now works as a business development coach. In this episode of The Modern Law Library,...
Published 05/29/24
It seems like every time that there’s a major disruption or event that threatens to upend the legal industry, it spells doom for the billable hour. But that could be more out of hope than anything else. The billable hour survived the Great Recession and the COVID-19 pandemic, despite many people thinking—or maybe wishing—that it wouldn’t.
Published 05/22/24
From COVID-19 response to the overturning of Roe v. Wade, the results of 50 states having individual approaches to public health, medical outcomes and healthcare access raise troubling questions. A husband-and-wife team of University of Utah professors dig into the ethics of the American healthcare system in States of Health: The Ethics and Consequences of Policy Variation in a Federal System. Leslie P. Francis is a professor of law and philosophy with a background in bioethics, and John G....
Published 05/15/24
When the Trump administration's policy of separating families at the country's borders was announced, opposition from the public and the legal community was swift. The outcry and judicial decisions led to a reversal of the administration's stated policy. But detention and family separation have a long history in this country, history professor Ana Raquel Minian says. Minian, who immigrated from Mexico to the United States right before the attacks of Sept. 11, 2001, has made an academic career...
Published 05/01/24
The lack of diversity when it comes to race, gender, sexuality, disability and social class within the legal profession is nothing new. However, the last decade has marked a gradual increase in diversity across all fields.
Published 04/17/24
“Trespassing plus time equals adverse possession,” Paul Golden writes in his new book, Litigating Adverse Possession Cases: Pirates v. Zombies. When someone has occupied or used a piece of property as though they own it for long enough, a court could determine that they are the rightful owner—regardless of what the paperwork says. It’s a concept more popularly discussed as squatter’s rights. In this episode of The Modern Law Library, Golden speaks with the ABA Journal’s Lee Rawles about the...
Published 04/10/24
James Patterson has written bestsellers in many genres. But as he tells the ABA Journal's Lee Rawles in this episode of The Modern Law Library, he has always been fascinated by legal thrillers, courtroom dramas and crime novels. He even considered becoming a lawyer, before his literary career took off. In his newest release, The #1 Lawyer, James Patterson partnered with co-author Nancy Allen to tell the story of Stafford Lee Penney, a criminal defense attorney in Biloxi, Mississippi, who’s...
Published 03/20/24
Transcription technology has existed for a while now, but its accuracy has never been that high. Now, artificial intelligence could make automated transcription even more accurate. As the tech becomes better and better, is it possible that it could eventually replace human court reporters?
Published 03/13/24
Three high-profile cases of sexual assault in 2012 followed a basic pattern: A teenage girl was sexually assaulted at a house party by one or more teenage boys while she was incapacitated by alcohol. The attacks were recorded and the photos, videos and stories were shared on social media or via texts. The photos and videos were used to ridicule the victims among their peers. Those texts and posts later became evidence in criminal cases. These incidents took place in Steubenville, Ohio;...
Published 03/06/24