Legal Talk Network - Law News and Legal Topics

Liability waivers appear all around us…..on amusement park tickets, at ax throwing establishments, prior to medical procedures and maybe even as a requirement from your son’s friend’s parents before that weekend party at their lake house. Are these documents really enforceable, or are they just toothless deterrents? And should you sign them? Learn more about your ad choices. Visit megaphone.fm/adchoices

Berkeley Research Group (BRG) is a Premier Sponsor of the ABA Litigation Section. On this Litigation Radio episode, we will hear from Richard Finkelman, 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.-----Is your firm using Artificial Intelligence (AI)? Should it be? AI is expected to have a profound impact on the practice of law. Lawyers are already using AI in their practices to review documents and conduct research. Yet, as the technology emerges, there are ethical, privacy, and practical concerns.Guest Richard Finkelman of the global consulting firm Berkeley Research Group (BRG) is an expert in AI applications in the legal profession. Finkelman is sees AI and machine learning already widely in use, specifically in e-discovery and document review. Four out of five legal firms surveyed by BRG employ AI in some capacity. This is the stuff of today, not the future.AI can already determine if a document is subject to privilege, pinpoint which documents need review, and even scan expert testimony (yours and theirs) for red flags. This speeds workflow, improves accuracy, and protects against potentially sensitive errors. Never again worry about accidentally turning over a privileged document or intellectual property? That sounds nice, but there are risks.Hear how you can incorporate AI tech into your practice, provide disclosures at the start of a case, check for accuracy, and avoid boxing yourself in with pre-trial agreements without knowing what’s coming next in the field. Learn this stuff before your next case.Mentioned in this Episode:ChatGPTGoogle BardAmerican Bar AssociationAmerican Bar Association Litigation Section“Artificial Intelligence and Machine Learning Report,” by Richard Finkelman at BRG Learn more about your ad choices. Visit megaphone.fm/adchoices

Professor Stephen Vladeck, author of the New York Times bestselling book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic, discusses how the Supreme Court has dramatically expanded the use of the little-known - and poorly understood - "Shadow Docket" to approve unconstitutional voting processes, abortion bans, restrictive immigration policies, and expanded religious liberties. Vladeck is a CNN Supreme Court analyst and cohosts an award-winning national security law podcast. Learn more about your ad choices. Visit megaphone.fm/adchoices

Productivity practices are essential—even life-changing—in legal practice. If you’re feeling overwhelmed, that your time is not your own, hopelessly behind on technology, or that you just can’t seem to balance work and life, learning productivity strategies can help. JoAnn Hathaway and Molly Ranns talk with Dan Siegel and Allison Johs about their book, “How to Do More in Less Time: The Complete Guide to Increasing Your Productivity and Improving Your Bottom Line, Second Edition.” Dan and Allison share the most recent updates to their book, including pertinent information addressing post-pandemic, tech-fueled changes facing the legal profession. The ABA has provided a 20% discount code for listeners! Enter HTDMILT23 at checkout for How to Do More in Less Time: The Complete Guide to Increasing Your Productivity and Improving Your Bottom Line, Second EditionDaniel J. Siegel is a nationally recognized authority on ethics, technology, data protection and business workflow management, and the principal of both the Law Offices of Daniel J. Siegel, LLC and Integrated Technology Services, LLC.Allison C. Johs, Esq., is president of Legal Ease Consulting, which provides marketing, social media, business development, productivity, and practice management coaching and consulting for lawyers and law firms. Learn more about your ad choices. Visit megaphone.fm/adchoices

What about the rights of an injured worker’s spouse and family members after a work-related injury or illness? Guest Michael Duff, law professor, former blue-collar worker, and expert on Workers’ Comp walks us through the California “Kuciemba Case,” a case where an employer may have violated COVID-19 pandemic regulations, infecting several workers. Victim Peter Kuciemba was infected and later his wife contracted the illness and ended up on a ventilator. Is he entitled to Workers’ Compensation? Beyond that, what about his wife?This is a tough issue that comes down to what’s called the “exclusive remedy,” meaning Workers’ Compensation protections are understood to be responsible for workplace injuries, replacing civil tort liability. But if a spouse isn’t part of the employment contract, does “The Grand Bargain” apply? Remember the sickened meat packers during the pandemic. The legal system said family members of workers who infected them, as a result of contracting the illness at work, cannot sue the workplace. Workers’ Comp trumps the civil case, even in case of employer negligence. Now, let’s go deeper. What about a non-family member, such as a romantic interest, or a friend? This episode goes down a rabbit hole. But if you’re an attorney representing workers in workplace injuries, you’ve got to be thinking this way. How far does exclusive remedy go?Mentioned in this Episode:“At Least 59,000 U.S. Meat Workers Caught COVID-19 In 2020, 269 Died,” PBS Newshour Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, Dr. Kai-Markus Müller joins me to discuss and understand the psychology behind pricing models and pricing structure, and how to better frame legal fees.Kai-Markus Mueller is a Professor of Consumer Behaviour at HFU Business School of Furtwangen University in Schwenningen, Germany, and Director of Pricing Research at Neurensics, Amsterdam. He previously founded and ran a start-up where he developed NeuroPricing™, a suite of neurotechnology-based methods to measure and model the optimal price – meanwhile acquired by Neurensics. Before, Kai gained experience both as a neurophysiologist at the US government and as a strategy consultant with an international management consultancy. He holds a PhD in neuroscience. His work has been featured by the BBC, Forbes, Businessweek, ZDF, Der Spiegel and many more. His latest milestone is a book co-authored by top sales expert Gaby Rehbock titled “The Invisible Game – The Secrets and the Science of Winning Minds and Winning Deals”.Kai-Markus gives listeners actionable tips on: [4:00] The main mistakes lawyers make on discovery calls [7:15] Does a ‘payment threshold’ exist? [13:40] How to apply Kai-Markus’ research to attorney pricing strategies  [14:50] The price quality heuristic  [16:55] How to create perceived value without going too far [21:15] Tips build reassurance and trust [24:45] Changing value by how we frame things and understanding decoy pricing [32:40] Kai-Markus’ book review [36:00] One big takeaway from this episode Resources mentioned in this episode:Noise by Daniel KahnemanConnect with Kai-Markus here: https://twitter.com/neuropricing https://www.facebook.com/kaimarkus.mueller https://www.linkedin.com/in/kaimarkusmueller/ www.kai-markus-mueller.com Connect with me Instagram Pinterest Facebook Twitter Karin on Twitter Karin on LinkedIn Conroy Creative Counsel on Facebook https://conroycreativecounsel.com    Learn more about your ad choices. Visit megaphone.fm/adchoices

Mark Geragos made a name for himself successfully representing Susan McDougal, President Bill Clinton’s erstwhile business partner, following her conviction related to the 1990s Whitewater controversy. Since then, he has represented many prominent figures—from politicians to Hollywood elites to pro athletes and more—and has a multitude of fascinating stories to tell. DeMario Thornton talks with Mark about his path through law school, his career choices, and much more. Mark Geragos is Principal with the internationally known trial law firm of Geragos & Geragos where he has represented some of the most prominent figures in the world. Learn more about your ad choices. Visit megaphone.fm/adchoices

A new Kennedy-Mighell Report game has begun. The premise? Dennis has a whole lot of ideas, and Tom just loves pointing out their flaws. The guys introduce a new segment called “Thumbs Up or Thumbs Down?” Dennis, in his ever-springing optimism, shares his latest notions, and Tom uses his practical, skeptical reasoning to determine whether they have merit or need to be thrown out the window.And, there’s no time like summertime to return to Dennis and Tom’s “Hot or Not?” segment. So, should you revise your law firm’s strategic plan in view of new AI developments? The guys talk about whether tech-focused planning should be the hottest thing on your to-do list. As always, stay tuned for the parting shots, that one tip, website, or observation that you can use the second the podcast ends.Have a technology question for Dennis and Tom? Call their Tech Question Hotline at 720-441-6820 for the answers to your most burning tech questions.Show Notes - Kennedy-Mighell Report #345A Segment: Ideas Ideas Ideas Time for a new MacBook Air? Is Microsoft Copilot worth the price tag? Ask Me Anything Webinars on Zoom New Signal-Tracking for Legal Trends? Privacy Certifications - CIPP, etc.  New Law School Tech?—Climate Technology Law Are Substack Newsletters a good way to monetize content? B Segment: Hot or Not: Law Firm Strategic PlanningParting Shots: Wonderboom 3 Bluetooth Speaker PatternBuilder MAX demo from NetDocuments Learn more about your ad choices. Visit megaphone.fm/adchoices

Guest Shannon Lex Bales is the author of “The Trial Presentation Companion” and an experienced educator and consultant who helps attorneys and firms follow standards and models for presenting cases using today’s legal tech. When firms go to trial, a lot of them are just “winging it” with the software and equipment, workflow, and skills they need to present a case. Paralegal professionals will find opportunities through education and certifications to professionally prepare and present data, video, and evidence using today’s technology. We’ve all seen professionally staged “trials” on television shows. So have the jurors. There’s an expectation firms will present a compelling story digitally in the courtroom. What story is your firm telling and how? As Bales says, “Basic legal technology skills are foundational for today’s legal market.” Understanding the use of legal technology in the courtroom is no longer an option. Keep up or fall behind. The skills you learned 10 years ago aren’t today’s skills.Hear how to actively pursue the tech skills you need to add to your resume as a modern paralegal professional. Mentioned in this Episode:"The Trial Presentation Companion," by Shannon Lex BalesCambodia Tribunal Monitor"White House Executive Office team engages ACEDS to deliver onsite electronic discovery training"Career Essentials in Generative AI by Microsoft and LinkedInReveal AI eDiscovery and Investigations Learn more about your ad choices. Visit megaphone.fm/adchoices

Keeping an appellate perspective in mind as you prepare for a trial can do a lot to keep your case on track and avoid future headaches. Rocky Dhir talks with Elana Einhorn and Melissa Lorber, authors of the article, Help Us Help You: Top 10 Appellate Mistakes in the Trial Courts, which appeared in the July/August Texas Bar Journal. Elana and Melissa give an overview of the article and share their top tips for success in trial court. Elana Einhorn practices appellate law at Enoch Kever. She is an adjunct professor at the University of Texas School of Law and a former Supreme Court of Texas staff attorney.Melissa Lorber is a founding member of Enoch Kever and is certified in civil appellate law by the Texas Board of Legal Specialization. Learn more about your ad choices. Visit megaphone.fm/adchoices