Litigation Podcasts - Legal Talk Network

Previous appearance on the Legal Talk Network, “NCBP 2021: Shaping the Future in the Legal Profession”

Revisiting a Justice’s Legacy: A Conversation with The Honorable Nathan Hecht

Ally Kvidt — Thu, 05 Feb 2026 12:00:19 +0000

The Honorable Nathan L. Hecht was the longest‑serving member in the history of the Supreme Court of Texas and the longest‑tenured Texas judge in active service. As he approached his well‑deserved retirement, Rocky Dhir welcomed The Honorable Hecht to the podcast to reflect on his many years of service to the Texas legal system. They discussed his career path, the behind‑the‑scenes work judges performed within the courts, his efforts to improve access to justice, his advice for lawyers, and much more.

Nathan L. Hecht served as the 27th Chief Justice of the Supreme Court of Texas. He was elected to the Court seven times, first in 1988 as a Justice and later in 2014 and 2020 as Chief Justice.

EP 703- Trial Wisdom From a Texas Legend

Ally Kvidt — Wed, 04 Feb 2026 12:00:47 +0000

In this episode of The Jury is Out, Tim Cronin and John Simon pick the brain of Thomas R. Conner, a fourth-generation retired trail lawyer who spent 45 years fighting high stakes litigation in Houston. Tom shares practical trial preparation tips and what he believes young lawyers aren’t taught in law school about resilience, long-term career satisfaction, and emotional endurance. In his upcoming book, From Cotton Fields to Courtrooms: A Texas Lawyer’s Memoir, Tom reflects on his journey from a childhood in rural West Texas to the emotionally charged world of courtroom litigation.

EP10: The Client and the Corndog

Ally Kvidt — Tue, 03 Feb 2026 12:00:18 +0000

News of a corndog recall spark hilarious memories for Alvin Wolff of a case he once handled involving misuse of a corndog. And attorneys ask the Case Doctors how they keep their sanity and ethics intact when a client has a history of suing and firing previous attorneys.

Can We Make the Profession Better? Leaders of the ABA House of Delegates Speak Out

Ally Kvidt — Tue, 27 Jan 2026 12:00:10 +0000

In this episode, host Mic Rogson leads an in-depth conversation with leading representatives of the American Bar Association House of Delegates, Jonathan Cole and Laura Farber. Why do busy lawyers get involved in these demanding roles? The rewards are countless. Hear how you can get involved and make a real difference both in the law and in society.

Hear how (and why) you can get involved. It’s your association, and every member can make a difference. Plus, involvement helps you meet and network with attorneys from across the country, even outside your area of focus. The House of Delegates wants your input, and includes tips on its website for getting involved and even drafting resolutions.

If you’ve ever wondered how ABA policies, rules, and opinions are crafted, you’ll hear it all on this episode of Litigation Radio. You don’t need to be an experienced attorney with a long resume to get involved. All are welcome. Why not start today?

Plus, a quick tip from Elizabeth Kelley, a criminal defense lawyer with a nationwide practice focused on representing people with mental disabilities. She shares the importance of “lowering the temperature,” how to maintain civility and professionalism even if you feel you’ve been disrespected. Grace under pressure will serve you well.

Have a question, comment, or suggestion for an upcoming episode? Get in touch at MRogson@SkywardInsurance.com and JAReeder@JonesDay.com.

Resources:

American Bar Association House of Delegates

“ABA Passes Strong Resolutions on Enforceable Ethics, Judge-Shopping,” Fix the Court

Attorney Elizabeth Kelley

EP 702- Home Alone: A Personal Injury Quagmire

Ally Kvidt — Wed, 21 Jan 2026 12:00:33 +0000

In Home Alone, young Kevin McCallister tries to protect himself from two bungling burglars. But could Kevin be held liable for their injuries? Join us for a lighthearted legal look at this holiday classic.

EP 1001- Celebrate Yourself

Ally Kvidt — Wed, 14 Jan 2026 12:00:00 +0000

Take a moment to reflect on 2025 and recognize your personal and professional accomplishments. And rather than setting lofty resolutions for the new year, we find it’s more helpful to focus on a single word to guide you through the year…..hear our picks for 2026.

EP 701- Peter Dunne Part Two

Ally Kvidt — Wed, 07 Jan 2026 12:00:38 +0000

Attorney Peter Dunne shares stories about other legendary St. Louis lawyers and the entertaining ways they handled paper correspondence in the days before email.

EP09: Exploring the Taylor Swift ticket case

Ally Kvidt — Tue, 06 Jan 2026 12:00:43 +0000

The Case Doctors explore what legal recourse Taylor Swift fans might have when the tickets they bought for $14,000 didn’t turn out to be what they paid for. Plus, John Simon and Alvin Wolff discuss strategies for an attorney contemplating how to handle a case involving 200 garden gnomes that allegedly violated Homeowners’ Association rules.

EP 925- Tips on a Slip and Fall Win

Ally Kvidt — Wed, 31 Dec 2025 12:00:49 +0000

A document dump. Disappearing evidence. And a new depo the first night of trial. Despite all this, Katie pulled off a win and shares what she learned, including how to use a snowstorm to your advantage.

EP 626- Attorney and Professor Peter Dunne Part One

Ally Kvidt — Wed, 24 Dec 2025 12:00:44 +0000

With over 40 years of courtroom experience, attorney Peter Dunne is still learning by teaching. Hear some of his favorite lessons from the classroom and the courtroom.

Are Trial Lawyers an Endangered Species? – Legal Up Virtual Conference 2025 by InfoTrack

Ally Kvidt — Mon, 22 Dec 2025 12:00:12 +0000

Fewer lawyers are gaining real courtroom experience, and the future of trial advocacy is at risk. In this special episode of On the Road, veteran trial attorney and educator Michael Schwartz examines why trial lawyers are becoming harder to find and what it takes to develop the skills true advocacy requires. Drawing on decades of experience trying hundreds of cases, Schwartz breaks down the foundations of effective trial lawyering, from witness examination and jury selection to professionalism, ethics, and strategy. He shares lessons from pivotal courtroom moments and explains why trials remain essential to the pursuit of justice and the search for truth.

Michael Schwartz is a trial lawyer, legal educator, and founder of Trial Advocacy Group, where he trains lawyers nationwide in trial advocacy.

EP 924- $10M Med Mal Verdict

Ally Kvidt — Wed, 17 Dec 2025 12:00:21 +0000

We’re so proud to have won a $10 million verdict for our client in a battle that took seven years and two trials. Mary Simon shares her courtroom story, including how she handled losing her carefully prepared outline and what she learned through this team effort. Tune in and celebrate with us!

EP 625- Working Up A Big Win Part 2

Ally Kvidt — Wed, 10 Dec 2025 12:00:24 +0000

John Simon remarked, “If the jury thinks this case is about rocks, you’re in trouble.” How we creatively framed the case and presented punitives set our client up for a major win.

John Lennon’s lawyer explains how the musician’s deportation case changed immigration law | Rebroadcast

Ally Kvidt — Wed, 03 Dec 2025 12:00:15 +0000

December 8th marks the 45th anniversary of John Lennon’s death in 1980. In this special rebroadcast of Modern Law Library, we’re looking back at how his immigration helped expose corruption within the Nixon administration and rewrote the immigration process. His attorney, Leon Wildes, sat down with Lee Rawles and his son Michael Wildes to discuss what the case and the legal legacy Lennon left behind.

When immigration attorney Leon Wildes got a call from an old law school classmate in January 1972 about representing a musician and his wife who were facing deportation, their names didn’t ring a bell. Even after meeting with them privately at their New York City apartment, Wildes wasn’t entirely clear about who his potential clients were. He told his wife that he’d met with a Jack Lemon and Yoko Moto.

“Wait a minute, Leon,” his wife Ruth said to him. “Do you mean John Lennon and Yoko Ono?”

What Wildes didn’t know when accepting the Lennons’ case was that he and his clients were facing a five-year legal battle which would eventually expose corruption at the highest levels of the Nixon administration and change the U.S. immigration process forever. His account of that legal battle is told in “John Lennon vs. the USA: The Inside Story of the Most Bitterly Contested and Influential Deportation Case in United States History.”

Leon Wildes and his son Michael (now a managing partner at the firm his father founded, Wildes & Weinberg) joined the ABA Journal’s Lee Rawles to discuss the legacy of the case and the effect it’s had on the entire family.

Mentioned in This Episode

John Lennon vs. The U.S.A.: The Inside Story of the Most Bitterly Contested and Influential Deportation Case in United States History

Strategies for Mindful Business Development

Ally Kvidt — Tue, 02 Dec 2025 12:00:30 +0000

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 MRogson@SkywardInsurance.com and JAReeder@JonesDay.com.

Resources:

“Sentence, Paragraph, Argument, Brief: Meeting the Four Challenges of Legal Writing,” by David N. Greenwald

EP08: Ghost of a Chance

Ally Kvidt — Tue, 02 Dec 2025 12:00:25 +0000

What to do when your client wants to sue for nondisclosure of paranormal interference. Plus, is there a case when a service dog literally crashes a wedding? Alvin shares how a personal experience with his own dogs shape his opinion on how to handle this case.

EP 624- Working Up A Big Win Part 1

Ally Kvidt — Wed, 26 Nov 2025 12:00:09 +0000

Dissecting a $109 Million Verdict on a Business Litigation case: Attorneys Kevin Carnie and Pat McPhail join The Jury is Out to discuss how they creatively framed the case and presented punitives to set their client up for a significant win.

Writing the Perfect Brief: A Deep Dive With Author and Lawyer David Greenwald

Ally Kvidt — Tue, 25 Nov 2025 12:00:13 +0000

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 MRogson@SkywardInsurance.com and JAReeder@JonesDay.com.

Resources:

Hon. Paul R. Michel, Chief Judge (Retired), U.S. Court of Appeals for the Federal Circuit on C-SPAN

The American Leadership Foundation

EP 623- 40 Years of Law with Don Schlapprizzi Part Two

Ally Kvidt — Wed, 12 Nov 2025 12:00:41 +0000

Don Schlapprizzi discusses significant changes in the legal practice and how he endured being lead counsel on a 90-day civil jury trial…the longest in Missouri history.

No One Left Behind – The Future of Legal Aid for Veterans

Ally Kvidt — Thu, 06 Nov 2025 12:00:15 +0000

The Take One campaign is a statewide initiative encouraging Texas lawyers to take on one pro bono case a year for a veteran in need. Rocky Dhir sits down with Major General Alfred Valenzuela and past State Bar President Terry Tottenham to discuss the campaign’s mission to bridge the gap between lawyers and veterans. Their conversation highlights the challenges veterans often face when transitioning back to civilian life and the vital role legal support can play in that process. Through Take One, attorneys in every practice area can use their expertise to handle cases that align with their specialties while meeting the diverse legal needs of those who have served our nation.

To learn more about serving our veterans, visit the Texas Lawyers for Texas Veterans website, and read about the Take One campaign in the November Issue of the Texas Bar Journal.

EP 921- Unpacking the Cardi B Jury Trial

Ally Kvidt — Wed, 05 Nov 2025 12:00:16 +0000

Pop star sensationalism aside, we can learn a lot from watching other attorneys perform in the courtroom, and this trial gave us plenty to talk about.

EP07: The Two Things That Can Blow Up Your Case

Ally Kvidt — Tue, 04 Nov 2025 12:00:33 +0000

The Case Doctors explore questions from viewers about how best to select an expert witness for a case and ponder whether lawyers really need law school. Plus, John recalls how one client’s baton death march in court played with the jury.

The Winding Road to Your Future

Ally Kvidt — Tue, 04 Nov 2025 12:00:29 +0000

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 MRogson@SkywardInsurance.com and JAReeder@JonesDay.com.

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

Combatting Nuclear Verdicts in Plaintiff-Friendly Jurisdictions

Ally Kvidt — Thu, 30 Oct 2025 11:00:07 +0000

Attorneys John “Jack” Delany, Gary Samms and John Hare, from Qualified Member law firm Marshall Dennehey discuss the best approaches for attorneys to prevent nuclear verdicts in the courtroom.

EP 622- 40 Years of Law with Don Schlapprizzi

Ally Kvidt — Wed, 29 Oct 2025 11:00:40 +0000

One of the most highly respected attorneys in Missouri, Don Schlapprizzi shares personal experiences and lessons learned through more than 350 cases.

Building Credibility and Favor With the Judge, as Told by a Judge

Ally Kvidt — Tue, 21 Oct 2025 11:00:13 +0000

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:

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

Jill Wine-Banks, Wikipedia entry

EP 620- Old School Cool with Dan Ryan Part Two

Ally Kvidt — Wed, 15 Oct 2025 11:00:49 +0000

In our continuing conversation, John, Tim and Dan Ryan share more great trial stories. You can’t make this stuff up, but you can laugh and learn from it.

Users keepers: Pirates, zombies and adverse possession | Rebroadcast

Ally Kvidt — Wed, 15 Oct 2025 11:00:32 +0000

As Halloween swiftly approaches, we’ve conjured up a classic from the Modern Law Library crypt. What do zombies and pirates have to do with the law? Grab your candy and find out as host Lee Rawles is joined by Paul Golden, author of Litigating Adverse Possession Cases: Pirates v. Zombies.

——-

“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 ancient concepts underlying modern adverse possession law; some quirky state laws; and why societies would allow land to be transferred in this way. They also discuss how the plain meaning of terms like “hostile” are changed when used in adverse possession cases, and Rawles raises a hypothetical—taken from real life—of a neighbor’s crooked fence.

During Golden’s first appearance on The Modern Law Library, he explained how the lack of a written contract could be navigated by a savvy lawyer. In his new book, Golden guides attorneys and their clients through the finer points of arguing for and against adverse possession claims. He shares some of the errors he’s seen pop up in adverse possession cases, and offers advice for how to avoid common pitfalls.

EP 919- Raising the Bar by Improving “the Bar” with Megan Phillips Part Two

Ally Kvidt — Wed, 08 Oct 2025 11:00:42 +0000

Do not underestimate your influence. Megan Phillips shares successful strategies that you can use to ignite change.

Litigating on Your Own Behalf: How a Ground Breaker Breaks Career Barriers

Ally Kvidt — Tue, 07 Oct 2025 15:00:32 +0000

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

“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

EPO6: Financial fraud via an astrology app?

Ally Kvidt — Tue, 07 Oct 2025 11:00:03 +0000

The Case Doctors tackle questions from an attorney handling a case on behalf of a client suing for negligent misrepresentation after investing in stocks on the advice of a psychic and losing untold amounts of money. In hot topics, John and Alvin discuss the settlement Google and its YouTube subsidiary reached to resolve a long-running class action case accusing them of illegally collecting children’s data to generate targeted advertising.

San Antonio’s Municipal Master: Insights from the Bench with Judge Darrell Dullnig

Ally Kvidt — Thu, 02 Oct 2025 11:00:05 +0000

Judge Darrell Dullnig has presided over ten separate municipal courts in Texas during his career, offering a unique and seasoned perspective on one of the most vital areas of our justice system. In this episode, he sheds light on the critical role municipal courts play, the common misconceptions even attorneys have, and why a little kindness and respect go a long way in the courtroom. Municipal courts handle more cases than county and district courts combined, and all lawyers should have an accurate understanding of their purpose and processes. From deferred disposition to dealing with pro se litigants, Judge Dullnig shares insights, stories, and a touch of humor from the bench.

EP 620- Old School Cool with Dan Ryan Part One

Ally Kvidt — Wed, 01 Oct 2025 11:00:38 +0000

With over 30 years experience, attorney Dan Ryan has plenty of stories. Part One begins with bar exam anecdotes and leads into literally mopping up during a trial.

How to Retain Your Associates

Ally Kvidt — Tue, 23 Sep 2025 11:00:10 +0000

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:

Litigation at a Crossroads: Talent, Tech and Tomorrow’s Teams

Ally Kvidt — Tue, 23 Sep 2025 11:00:06 +0000

Litigation is on the rise… and so are the demands on the teams who manage it. In this episode of The Legal Report from Robert Half, host Jamy Sullivan and her guest Aaron Bath, vice president of litigation support and legal operations at Balfour Beatty US, explore how litigation teams are being reshaped by technology, shifting workflows and a competitive talent market. As AI and legal tech change how litigation is managed, traditional roles are evolving and new skill sets are in high demand. They discuss the growing need for litigation professionals who blend legal expertise with tech fluency, and why attracting and retaining this talent is a major challenge. Whether through redefining team roles, offering flexibility or supporting career growth, legal employers must adapt or risk falling behind. Tune in for an insightful look at what it takes to build and support high-performing litigation teams in a fast-changing legal landscape

EP 619- Intake Analysis and Workup of a Product Fire Case Part Two

Ally Kvidt — Wed, 17 Sep 2025 11:00:00 +0000

You’ve secured the scene and gathered your cause and origin evidence. So who will you include in the litigation?

EP 618- Intake Analysis and Workup of a Product Fire Case Part One

Ally Kvidt — Wed, 03 Sep 2025 13:45:56 +0000

How do you assess a product fire case? Follow our analysis and get some key insights as we begin to work up an intake on a tragic hospice bed fire.

EP05: Turning a client’s moment of doubt into a strength

Ally Kvidt — Tue, 02 Sep 2025 11:00:05 +0000

How do you save a case after a client announces the litigation process is too stressful and they don’t want to move forward with the case while under oath during a deposition? Plus, The Case Doctors answer another viewer’s question on how to handle a pre-judgement loan that’s tripled in price and how to negotiate a better loan up front.

EP 916- The Power of Admitting When You’re Wrong with Judge Jessica Kruse

Ally Kvidt — Wed, 27 Aug 2025 11:00:33 +0000

We all make mistakes, but what do you do when you make one in court? Judge Jessica Kruse reminds us that how you admit your mistake can often be more important than the error itself.

Expert Timing: When to Retain Your Expert

Ally Kvidt — Tue, 26 Aug 2025 11:00:36 +0000

Round Table Group is a Premier Sponsor of the ABA Litigation Section. On this Litigation Radio episode, we will hear from Monica Poole, Director 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.

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

EP 617- Ten Pitfalls In Client Prep Part Two

Ally Kvidt — Wed, 20 Aug 2025 11:00:56 +0000

If you just prep your client an hour before their depo, you are doing them a disservice. Tune infor our final tips on how to improve your client’s depo.

EP 915- Estate Planning Strategies with Katie Krispin

Ally Kvidt — Wed, 13 Aug 2025 11:00:37 +0000

Estate planning attorney Katie Krispin discusses how to protect and preserve your client’s settlement, and your own future.

EP 616- Ten Pitfalls in Client Depo Prep Part One

Ally Kvidt — Wed, 06 Aug 2025 11:00:20 +0000

Your client has a story to tell, but how they tell it may determine whether or not you win the case. Create the best possible impression by avoiding these pitfalls in your client’s deposition.

Getting Involved, Giving Back: Bar Leaders Share Their Stories

Ally Kvidt — Wed, 06 Aug 2025 11:00:05 +0000

In this special joint episode presented by the Chicago Bar Association and the National Conference of Bar Presidents, host Amanda Arriaga speaks with Trisha Rich, Jon Amarilio, and Dan Cotter about their experiences in bar association leadership. Participation in state or local bar associations can offer valuable opportunities for connection, community, and professional development. Trisha, Jon, and Dan each share their journeys from bar membership to leadership, highlighting the rewarding experiences and growth that come with active involvement in the bar.

Trisha Rich is First Vice President of the Chicago Bar Association and co-host of the @theBar Podcast.

Jonathan Amarilio is Treasurer of the Chicago Bar Association and co-founder of the @theBar Podcast.

Dan Cotter is President of the National Conference of Bar Presidents and a Past President of the Chicago Bar Association.

EP04: Nurturing a client’s courage

Ally Kvidt — Tue, 05 Aug 2025 11:00:05 +0000

An attorney asks The Case Doctors how to handle a situation where a client is terrified of confronting the person who harmed them in court, and how to help them find the courage to do so to ensure they don’t settle for much less than they deserve? In hot topics, how about that case out of Florida where a jury awarded a family $17 million after an aerosol can left behind by contractors exploded in their oven?

A Time for Goodbyes. Longtime Host Dave Scriven-Young Signs Off

Ally Kvidt — Tue, 29 Jul 2025 11:00:47 +0000

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 Litigation Journal

EP 615- 12 battle tested rules for Voir Dire Part Two

Ally Kvidt — Wed, 23 Jul 2025 11:00:31 +0000

Part Two provides six strategies to help remove unfavorable jurors, better frame your case and deal with damages. But to do so, you must focus on the worst part of your case and prepare to reframe it.

EP 614- 12 Battle Tested Rules for Voir Dire Part One

Ally Kvidt — Wed, 09 Jul 2025 11:00:59 +0000

Our first six rules address how to ask questions, how to listen and ways to probe sensitive issues during voir dire.

Pro Tips for Arbitrations and Mediations

Ally Kvidt — Tue, 01 Jul 2025 11:00:48 +0000

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 Litigation Section committee on Mental Health & Wellness

EP03: How to Breakthrough a Stonewall

Ally Kvidt — Tue, 01 Jul 2025 11:00:09 +0000

Viewers want to know how The Case Doctors handle unreasonable and obstructionist opposing counsel, as well as what point they would involve the Court during contentious discovery and negotiations. Plus, how one law firm is coping with the theft of a $1.5 million referral fee hackers stole and insurance is refusing to cover.

EP 613- Fighting for Constitutional Rights Part 3

Ally Kvidt — Wed, 25 Jun 2025 11:00:25 +0000

Do you know how the government can define away your property rights? Or the basis for the Lemonade Freedom Movement? Through public interest litigation, Attorney David Roland fights for our mutual humanity.

It Ends With Lawsuits: Unpacking the Blake Lively and Justin Baldoni Legal Battle

Ally Kvidt — Wed, 11 Jun 2025 11:00:39 +0000

Ironically, there is no end in sight for the drama between “It Ends With Us” co-stars Blake Lively and Justin Baldoni. The feud stemming from their fractured working relationship during the film’s production and release continues to offer up splashy headlines almost daily. Allegations of sexual harassment and retaliation led to smear campaigns and then further lawsuits claiming defamation, extortion, libel, and more. Can we make sense of their tangle of legal actions? Tracy Brammeier and Kellie Snyder welcome a panel of legal experts including Jeff Becker, James Hemphill, and Kyla Miller to discuss the details of this case, the intensity of public perception and social media reactions, and what we might expect as the case moves forward.

Kyla Miller is an attorney in Mayer Brown’s employment, litigation, and counseling practice where she counsels employers in highly sensitive personnel matters.

James Hemphill is a trial and appellate lawyer with Graves Dougherty Hearon & Moody where he has practiced First Amendment and media law for more than 30 years.

Jeffrey Becker is founder of Swanson, Martin & Bell’s entertainment and media law practice group where he helps clients resolve contractual and business disputes.

The Explosion of E-Discovery

Ally Kvidt — Tue, 10 Jun 2025 11:00:50 +0000

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

Snapchat

ChatGPT

Thomson Reuters CoCounsel

“Rock Around the Court: How Copyright Litigation Reflects the Muddy Origins of Rock ‘n’ Roll,” by Chris Patton and Andrés Correa, Litigation Journal

EP 910- Ask The Mediator with Jill Bollwerk

Ally Kvidt — Wed, 04 Jun 2025 11:00:15 +0000

Plaintiff attorney and mediator Jill Bollwerk offers practical tips and insights that can help you be more successful in your next mediation.

EP02: Defending a Defensive Client

Ally Kvidt — Tue, 03 Jun 2025 11:00:47 +0000

The Case Doctors explain how they’ve managed clients who are passionate about their cases after a viewer asks them how to handle a client has a short temper and gets defensive when asked tough questions. The hot topic in this episode is about how a high-profile e-cigarette case involving allegations of exploding batteries got removed to federal court.

EP 611- Fighting for Constitutional Rights Part One

Ally Kvidt — Wed, 28 May 2025 11:00:30 +0000

David Roland founded the Freedom Center of Missouri to pursue legal protection of our constitutional rights to economic liberty and free speech. Our three-part series is a vital refresher on landmark cases and our ongoing responsibility to litigate for freedom.

Music and Copyright Law

Ally Kvidt — Thu, 22 May 2025 11:00:46 +0000

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:

“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

“The Prelitigation Advantage: Leveraging AI for Discovery and Pleadings,” by Nicole Black, ABA Journal
National Institute for Trial Advocacy
Thomson Reuters Legal Technology
Westlaw
Oncue 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 Association
American Bar Association Litigation Section

Crash & Con: Navigating Staged Accident Fraud

Ally Kvidt — Thu, 22 May 2025 11:00:03 +0000

Attorneys Jeffrey Rapattoni and Adam Calvert from the law firm Marshall Dennehey discuss common staging tactics impacting commercial auto and trucking transportation litigation.

EP 610- Baby Formula Victory with Jake Plattenberger

Ally Kvidt — Wed, 14 May 2025 11:00:09 +0000

This groundbreaking litigation about defective baby formula causing catastrophic necrotizing enterocolitis in premature newborns pits marketing against medicine.

EP01: How To Overcome Delay In Client’s Treatment

Ally Kvidt — Tue, 06 May 2025 11:00:52 +0000

In this inaugural episode, The Case Doctors share their diagnosis on cases involving a client who waited before seeking treatment for their injuries and offer a strategy on a case involving a client who died by suicide after seeking treatment for mental illness. They also delve into hot topics in civil litigation including how AI is getting some attorneys in hot water.

The Case Doctors Trailer

Ally Kvidt — Mon, 05 May 2025 15:47:12 +0000

Veteran trial attorneys John G. Simon and Alvin Wolff answer questions from other attorneys about various case scenarios, offering insight into how they would handle litigation situations. In The Case Doctors, attorneys can ask these seasoned litigators how they would handle hurdles in their cases. Have a case you’d like The Case Doctors to take a look at? Send a summary of your case and the issue at hand to ⁠cases@thecasedoctors.com⁠.

EP 609- Design Defect Strategy with Jake Plattenberger

Ally Kvidt — Wed, 30 Apr 2025 11:00:37 +0000

Plaintiff attorney Jake Plattenberger used innovative trial techniques to overcome key excluded evidence in a tragic design defect case.

Leveraging Tech to Level the Playing Field in “David v. Goliath”

Ally Kvidt — Tue, 29 Apr 2025 11:00:06 +0000

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:

EP 608- Against The Odds with Katie St. John

Ally Kvidt — Wed, 16 Apr 2025 11:00:05 +0000

Everyone said they couldn’t win this case. But being the most prepared people in the room helped Dave Cates and Katie St. John secure a significant verdict in a difficult venue.

Inside the Murder Trial of the Century, with Prosecutor John Meadors: The Alex Murdaugh Case

Ally Kvidt — Tue, 15 Apr 2025 11:00:30 +0000

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.

Cleared for Takeoff: Navigating Aviation Law in 2025

Ally Kvidt — Thu, 03 Apr 2025 11:00:07 +0000

The skies above us have a legal framework all their own, but many attorneys have limited knowledge of this expansive area of the law. Can your neighbor fly his drone into your yard? What’s the difference in legal responsibilities between private aviators and commercial airlines? How is AI impacting flight and flight training? Rocky Dhir welcomes Kent Krause to discuss the basics of aviation law and dig into its evolving issues and changes.

Later, 2025 began with a succession of tragic and unsettling airline incidents. Should we be concerned about this disproportionately large number of accidents in air travel? Rocky and Kent discuss the details of these events and examine the laws, safety frameworks, and failures that came into play.

Kent Krause is a partner at Craddock Davis & Krause, LLP, in Dallas, TX.

EP 607- Against The Odds with Dave Cates

Ally Kvidt — Wed, 02 Apr 2025 11:00:26 +0000

Attorney Dave Cates partnered with Tim Cronin on a recent product case where the judge ordered a new trial based on defense misconduct. We’ll share the details and discuss how getting too deep in the weeds can actually save your case.

10 Tips to Be a Successful Litigator

Ally Kvidt — Thu, 20 Mar 2025 11:00:24 +0000

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:

McKinsey & Company, “Diversity Matters Even More: The Case For Holistic Impact”

EP 606- Presenting Your Punitive Damages Case Part One

Ally Kvidt — Wed, 19 Mar 2025 11:00:48 +0000

Now that you’ve built your case to include punitive damages, we’ll discuss ways to turn your case into a cause and address punitive damages at each state of the trial.

Why Your Legal Arguments Fail (And How to Fix Them) with Jefferson Fisher

Ally Kvidt — Thu, 06 Mar 2025 12:00:20 +0000

We can probably all think of a moment (or many) when we struggled with natural, constructive communication with those around us. But, how do we learn from those difficult and/or awkward moments and successfully convey our views? Rocky Dhir talks with Jefferson Fisher about his tips for becoming a more effective verbal communicator. Jefferson shares advice for legal professionals to help them foster authentic relationships with both peers and clients. Later, they discuss communication techniques for handling yourself well in the midst of arguments or other stressful situations.

Jefferson Fisher is a Texas board certified trial lawyer, author, keynote speaker, and argument expert.

You may pre-order Jefferson’s new book: The Next Conversation here.

Expert Diversity—It’s About Winning Cases

Ally Kvidt — Thu, 06 Mar 2025 12:00:10 +0000

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:

National Association of Women Lawyers

ABA Rule 1.16: Declining or Terminating Representation

A Conversation with Cook County State’s Attorney Justice Eileen O’Neill Burke

Ally Kvidt — Wed, 05 Mar 2025 12:00:50 +0000

A surefire place to learn the ins and outs of being a trial attorney is at the Cook County State’s Attorney’s Office. The CCSAO prosecutes tens of thousands of cases each year and is deeply committed to the pursuit of justice to provide greater safety and well-being to Cook County residents. Tracy Brammeier and Maggie Mendenhall-Casey welcome new Cook County State’s Attorney Justice Eileen O’Neill Burke to learn about her plans for the CCSAO. In their wide-ranging discussion, they dig into plans for strengthening the office through new training and hiring initiatives; talk through major crime issues including gun crimes, theft, and domestic violence; discuss the need for more connected systems and communications in the county’s justice system; and much, much more.

EP 605- Building Your Punitive Damages Case Part Three

Ally Kvidt — Wed, 05 Mar 2025 12:00:06 +0000

In our continuing series on punitive damages, we explore the value of post-incident conduct and discuss powerful ways to frame your case.

Litigating Mold Cases

Ally Kvidt — Thu, 20 Feb 2025 12:00:26 +0000

Expert Service Provider Dr. Ernest P. Chiodo discusses the complexity of mold cases and what attorneys must prove in the court room.

EP 604- Building Your Punitive Damages Case Part Two

Ally Kvidt — Wed, 19 Feb 2025 12:00:52 +0000

How do you identify potential punitive damages in your case? We’ll give examples on how to get creative and broaden your focus during discovery.

When It’s Time to “Fire” a Client, Protect Yourself

Ally Kvidt — Tue, 11 Feb 2025 12:00:55 +0000

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:

Revisit the Top 10 Appellate Mistakes in Trial Courts

Ally Kvidt — Thu, 06 Feb 2025 12:00:09 +0000

Familiarize yourself with the most common errors that can jeopardize an appeal. In this special rebroadcast, Rocky Dhir sits down with Elana Einhorn and Melissa Lorber, authors of the article Help Us Help You: Top 10 Appellate Mistakes in the Trial Courts. Elana and Melissa offer a breakdown of the article and provide insight on their top tips for success in trial court.

Elana Einhorn practices appellate law at Butler Snow. She is an adjunct professor at the University of Texas School of Law and a former Supreme Court of Texas staff attorney.

Melissa Lorber practices appellate law at Butler Snow. She is board certified in civil appellate law and represents businesses in both trial and appellate litigation across state and federal courts.

EP 603- Building Your Punitive Damages Case Part One

Ally Kvidt — Wed, 05 Feb 2025 12:00:31 +0000

We believe punitive damages exist in almost every case. In the first episode of our series, we begin by exploring 3 fundamental truths about punitive damages.

EP 602- Sexual Assault Case

Ally Kvidt — Wed, 22 Jan 2025 12:00:55 +0000

Dissecting a $535 million verdict in sexual assault case Attorneys Tim Cronin, John G. Simon and Nathan Perlmutter discuss the strategies and approach they took to a case involving a 13-year-old victim of sexual assault that led to the one of the largest plaintiff’s verdicts in Illinois history.

Finding the Right Expert Witness When Your Case Depends on It

Ally Kvidt — Mon, 30 Dec 2024 12:00:44 +0000

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:

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

Bullying In The Legal Profession: The Hard Data And Hard Reality

Ally Kvidt — Tue, 17 Dec 2024 16:15:05 +0000

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:

Bar to the Future! – The 101st Chicago Bar Show

Ally Kvidt — Thu, 12 Dec 2024 21:30:37 +0000

After a yuletide dinner in days of yore, a group of Chicago Bar Association members spiced up the evening with some delightful songs and sketches. Now, over a hundred years later, this tradition has grown into a full-fledged musical revue, featuring an array of comedic and musical performances peppered with parodies of notable pop-culture moments. Mathew Kerbis and Kellie Snyder welcome cast members Carissa Meyer, Christopher Johnson, and Skip Harsch to learn about their experiences in theater, their involvement in the Bar Show community, and what this year’s performance has in store!

The Chicago Bar Show will be performed on January 8, 10, and 11. To learn more, visit The Bar Show on the CBA website. And, tickets are selling fast! Purchase yours at barshow.org.

EP 523- Jury Selection Part Two

Ally Kvidt — Wed, 11 Dec 2024 12:00:20 +0000

Simon Law Firm Trial Attorney Patrick McPhail discusses how much you should reveal about the big issues in your case and how to prepare for rehabilitation efforts from opposing counsel.

EP 522- Jury Selection Part One

Ally Kvidt — Wed, 27 Nov 2024 12:00:27 +0000

Selecting jurors that are open to really hearing the facts of your case is the foundation of a winning trial strategy. Simon Law Firm Trial Attorney Patrick McPhail shares his insights on how to better engage with the jury panel in your next voir dire.

Play Nice: Civility in the Legal Profession

Ally Kvidt — Tue, 26 Nov 2024 12:00:55 +0000

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”

What generative AI means for the future of predictive analytics

Ally Kvidt — Wed, 13 Nov 2024 17:00:10 +0000

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.

EP 521- Recent Developments in Patent Law Part Two

Ally Kvidt — Wed, 13 Nov 2024 12:00:26 +0000

Artificial intelligence will not replace lawyers. It will replace the lawyers that don’t know how to use AI. Part Two of our roundtable discussion highlights ways AI can make your practice 30-80% more efficient and introduces us to a fascinating new area of law…artificial intelligence litigation.

Taking Stock (and Charge) of Your Life and Career: Build Your “Board of Directors”

Ally Kvidt — Tue, 05 Nov 2024 12:00:32 +0000

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”

What New Lawyers Must Know on Their First Day on the Job

EP 520- Recent Developments in Patent Law Part One

Ally Kvidt — Wed, 30 Oct 2024 11:00:43 +0000

Software and AI have become a significant part of today’s patent litigation landscape. Our round table of expert patent attorneys explains the ongoing impact of the 2014 Alice decision and examines the fuzzy lines of “significant advances” and “inventive concept” in current patent law.

How New Lawyers Can Fit In and Exceed Expectations at Their Firms | Special Release from Litigation Radio

Ally Kvidt — Thu, 24 Oct 2024 11:00:10 +0000

Learn how to exceed expectations and thrive as a new lawyer from a panel of seasoned attorneys who are open and honest about what it takes to make partner, navigate your career, and excel in the legal field. Special thanks to our friends over at Litigation Radio, ABA’s Section of Litigation and Podcast Host Dave Scriven-Young for sharing this special episode with us. For more conversations with top litigators, judges, and experts, subscribe to Litigation Radio on Apple Podcasts or Spotify.

Newly admitted lawyers can feel overwhelmed and intimidated. Law schools can’t teach everything, and there’s a lot of on-the-job learning. Some of the work is difficult and complicated. Some of what’s required is as simple as showing up on time and doing work that looks perfect and is free of typos (yes, that matters, even for internal communications).

With each task, the best new lawyers progress from competence to excellence. Start with the goal of being a “superstar associate” by being the best lawyer you can be. When new lawyers take on tasks and do good work, others will notice and will mentor you. What any new lawyer makes of their earliest experience in any firm will drive them to the next level, no matter their career path.

This episode shares tips for standing out and learning how to be a lawyer from two attorneys who have excelled in their careers and have made partner at their respective firms.

Resources:

Early Career Success for Attorneys Can Come from Developing Your “Ownership Mindset”

Great Lawyers Don’t Only Point Out Problems—They Offer Solutions

Success in the Legal Profession Is Not Achieved Through Participation Trophies

Building a Career you Love as a Young Lawyer

Some Advice to the New or Soon-to-be Lawyer

Top Tips for Young Lawyers: How to Survive and Thrive in Your Legal Career

American Bar Association Young Lawyers Division

EP 821- Post Settlement Issues

Ally Kvidt — Wed, 23 Oct 2024 11:00:12 +0000

Disbursing settlements can be challenging. Today’s discussion covers claims on the settlement, special needs trusts and structured settlement annuities.

Using Music in Political Campaigns: Misuse, Copyright Infringement, & Litigation

Ally Kvidt — Fri, 13 Sep 2024 20:45:23 +0000

Over the years, the power of music has been an integral piece in energizing a crowd, whether through a specific song used at a political rally or in a campaign video on social media. However, there are legalities when it comes to the use of songs, especially when the musician doesn’t want to be tied to a specific political candidate or a candidate uses a song without the musician’s permission.

Back on August 29, 2024, deputy director of communications for the Trump campaign, Margo McAtee Martin, posted a short clip on X of Donald Trump boarding a plane, set to the opening riff of the widely popular song, “Seven Nation Army” by the band The White Stripes. In response to the post, guitarist and lead singer of the rock duo, Jack White, wrote on his Instagram page, “Oh….Don’t even think about using my music you fascists…“Lawsuit coming from my lawyers about this (to add to your five thousand others..)” On September 9th, Jack & his bandmate, Meg White, filed a copyright infringement lawsuit against Trump & company for the “flagrant misappropriation” of their song.

In this episode, Craig is joined by Joseph Fishman, Professor of Law at Vanderbilt University School of Law and Professor at the Blair School of Music, as they discuss The White Stripes’ recent lawsuit against Donald Trump for the unauthorized use of their song “Seven Nation Army”. Craig & Joe will talk about copyright infringement, and the legalities behind the use of songs in campaigns.

Mentioned in This Episode:

Donald Trump Infringed ‘Electric Avenue’ By Using Song In Campaign Video, Judge Rules

EP 818- Opposing Counsel Conditioning

Ally Kvidt — Wed, 11 Sep 2024 11:00:40 +0000

Opposing counsel is telling you all the problems with your case for the 800th time. When he starts up again (yes, we think it’s a guy thing) should you shut it down or lean in?

“Type A” Lawyers and Retirement: When Is It Time to Step Away?

Ally Kvidt — Tue, 10 Sep 2024 11:00:48 +0000

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

Get a free Marketing Plan Template from Spotlight Branding!

Understanding How OSHA’s Multiemployer Worksite Citation Policy Impacts Construction Claims

Ally Kvidt — Thu, 22 Aug 2024 11:00:25 +0000

Expert Service Provider and Senior Safety Engineer Dr. Janine McCartney from HHC Safety Engineering Services and HHC Safety Consulting Services, Corporation discusses construction claims impacted by OSHA’s Multiemployer Worksite Citation Policy.

#519: How to Build a Brand Beyond the Courtroom, with Jordan Marsh

Ally Kvidt — Thu, 22 Aug 2024 11:00:06 +0000

In this episode, Lawyerist Lab Coach Sara Muender chats with Jordan Marsh, a civil rights and personal injury attorney and the author of Try Your Own Case. Jordan shares how he’s expanding his 100% contingency-based law firm by developing the Try Your Own Case brand into a new revenue stream.

Learn about Jordan’s innovative plans for an online course and get tips on turning your legal skills into profit. This must-listen episode is perfect for law firm owners looking to diversify their income and boost their practice.

Links from the episode: 

Check out Jordan’s Book: Try Your Own Case

If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap Revisited yet, get the first chapter right now for free!

Class Actions: When Your Expert Witness Is (and Should Be) an Economist

Ally Kvidt — Fri, 09 Aug 2024 16:00:59 +0000

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