Rank #1: ABA Journal: Asked and Answered : First-year lawyer offers self-care tips and shares how he learned to quiet his mind post-law school
When Michael R. Anspach attended Marquette University Law School, yoga, meditation and being active in a 12-step community helped him succeed. But once the 2018 graduate started practicing at Anspach Law, those techniques didn’t work. This was because the demands of litigation made it impossible to quiet his mind, even on evenings and weekends, he says. In this episode of Asked and Answered with the ABA Journal’s Stephanie Francis Ward, Anspach talks about his road to success after law school, his self-care tips and how he learned to quiet his mind.
Special thanks to our sponsor, LawPay.
Rank #2: ABA Journal: Modern Law Library : How to train your expert
When it comes to working with an expert or expert witness, there can be a lot of moving parts to keep track of. Navigating a relationship with an expert can be challenging, but it can be done successfully if both you and your expert pay attention to each other throughout the process. Author and attorney Janet S. Kole examines the complex issue of expert witnesses in her new book How to Train Your Expert: Making Your Client’s Case. In this episode of the Modern Law Library, ABA Publishing’s Olivia Aguilar speaks with Kole about common mistakes that young lawyers make while working with an expert, the ins and outs of the written report and how to avoid “impermissible ventriloquism.”
Special thanks to our sponsor, Headnote.
Rank #3: ABA Journal: Asked and Answered : How well do people actually know their Miranda rights?
"You have the right to remain silent.” Because of TV shows and movies, most people probably know at least this part of the Miranda warning. But do people actually understand all of their Miranda rights? Fifty years after the landmark decision in Miranda v. Arizona, we speak to Russell Covey of Georgia State University State’s College of Law to find out what people know and don’t know about their rights.
Russell Covey, a professor at Georgia State University’s College of Law, teaches criminal law and procedure. One of his articles, “Miranda and the Media: Tracing the Cultural Evolution of a Constitutional Revolution,” was published in the 2007 Chapman Law Review.
Special thanks to our sponsors Amicus Attorney.
Rank #4: ABA Journal: Asked and Answered : Do you have what it takes to be a rural lawyer?
Many young law grads are being urged to move out of large cities and into rural areas, where there aren't as many attorneys competing for work. As we reported in the ABA Journal's October cover story, there are many small communities in rural America that are woefully underserved, and access to justice is a real problem. It would seem a prime idea to hang your shingle in one of these small towns.
But what does it take to run a successful legal practice in a rural area? Asked and Answered moderator Stephanie Francis Ward speaks with Lorelei Laird, the reporter who wrote our cover story, and Bruce Cameron, who runs a solo practice in rural Minnesota.
Rank #5: ABA Journal: Asked and Answered : What can lawyers do to manage and conquer anxiety?
Are lawyers prone to anxiety, or is the pace of the profession the culprit? The ABA Journal's Stephanie Francis Ward speaks with Will Meyerhofer, a psychotherapist who has also been a practicing attorney, to learn more about anxiety and get tips on how lawyers can manage and overcome it.
Rank #6: ABA Journal: Asked and Answered : Finding the Right Fit: Creating a career you love
Samorn Selim had a difficult childhood. Her family fled Laos when she was young, and settled in a rough section of Stockton, California. There was violence in her neighborhood, and sometimes the family did not have enough food. So after graduating from Berkeley Law and getting a job at a big law firm in San Francisco, she thought she should be happy, she tells the ABA Journal’s Stephanie Francis Ward. But she wasn’t. Despite the large salary, private office and trial assignments, she hated her job. Finally she left the practice to do career services work at Berkeley Law. The change took $100,000 from her annual salary, and added 30 minutes to her work commute. But it taught her that getting the jobs we think we want may not actually be what’s best for us, and being honest about what sort of work fulfills you can help in choosing the right spot. In this episode of Asked and Answered, Selim shares what she learned about finding the right career fit.
Special thanks to our sponsor, LawPay.
Rank #7: ABA Journal: Modern Law Library : Public-Speaking Skills Every Lawyer Should Master
For every lawyer that thinks they have oral presentations down pat, there’s another that has anxiety about talking in front of a crowd. And they both need help. As an attorney and a formal federal law clerk, Faith Pincus gives lawyers the tools they need to succeed at public speaking. In this episode of the Modern Law Library, ABA Publishing’s Ashley Alfirevic speaks with Pincus about how to ditch the notecards, engage the audience and ask the right type of rhetorical questions.
Rank #8: ABA Journal: Modern Law Library : Roe v. Wade had a broader impact than the public realizes, says author of 'Beyond Abortion'
In the 45 years since Roe v. Wade was decided, it has been a focal point for both anti-abortion and pro-abortion rights groups. But the opinion in the 1973 case has also been used by activists of liberal, libertarian and conservative ideologies to develop privacy arguments for issues ranging from access to experimental drugs to euthanasia to personal data security to sex worker rights. In this episode of the Modern Law Library, the ABA Journal's Lee Rawles speaks with Mary Ziegler, author of the new book Beyond Abortion: Roe v. Wade and the Battle for Privacy. Ziegler discusses what Roe v. Wade's legacy has been, and how it advanced–or failed to advance–Americans' right to privacy.
Rank #9: ABA Journal: Modern Law Library : How introverted lawyers can harness their traits for success
“Fake it ‘till you make it.” For Heidi K. Brown, trying to mimic her extroverted peers in litigation always felt forced. She pushed through law school and nearly two decades of practice acting the outgoing attorney before accepting her quiet, thoughtful self. Brown wrote her book—The Introverted Lawyer: A Seven-Step Journey Toward Authentically Empowered Advocacy—with introverted, shy and socially anxious lawyers and law students in mind. In this episode of the Modern Law Library, ABA Publishing’s Ashley Alfirevic speaks to Brown about honoring yourself, affirming what’s true and embracing the blush.
Rank #10: ABA Journal: Modern Law Library : How a series of attacks by a breakaway Amish sect became a landmark hate-crimes case
The Amish religion is a branch of Christianity that adheres to a doctrine of simplicity, nonviolence and forgiveness. How then did a breakaway group come to be implicated in the first federal trial to prosecute religiously motivated hate crimes within the same faith community?
From September to November in 2011, there was series of five attacks against nine Amish victims in Ohio in which their beards or hair were shorn. Some were left bruised and bloodied. Several victims had their homes invaded in the dead of night, while others were lured to a settlement in Bergholz, Ohio, and then attacked. The alleged perpetrators were from a breakaway Amish community in Bergholz, led by a bishop named Samuel Mullet. Some victims were estranged family members of the attackers, while others had crossed Mullet in some way.
State officials called on federal prosecutors to take over the case and to try the alleged perpetrators under the Shepard-Byrd Act, a federal hate crimes law. Sixteen people were charged in the attacks in U.S. v. Miller, including Mullet. The jury found the 10 men and six women guilty of a total of 87 counts out of 90. But how did it come to this?
Donald Kraybill, a professor of Amish studies, was an expert witness in the trial. He has written Renegade Amish: Beard Cutting, Hate Crimes and the Trial of the Bergholz Barbers, to explain the history of the case, and the sociological and religious factors that led to the attacks.
Though the Cincinnati-based 6th U.S. Circuit Court of Appeals overturned the convictions in a 2-1 decision, based on their interpretation of "but for" causation in the 2009 hate-crimes act, they allowed for a retrial.
Kraybill does not think that this will be the end of the case. In this podcast, he shares with the ABA Journal's Lee Rawles the backstory behind the case; what it was like for him to testify; and what he feels the implications of the 6th Circuit's decision will be.
Rank #11: ABA Journal: Asked and Answered : Loving life as a lawyer: How to maintain joy in your work
Do you dread going to work? If so, maybe it's time to look at the other ways you can flex your legal skills, says Nancy Levit, co-author of The Happy Lawyer: Making a Good Life in the Law.
There are many types of jobs for lawyers, and sometimes what you thought you wanted to do doesn’t work out, Levit tells the ABA Journal's Stephanie Francis Ward in this episode of Asked and Answered. She shares tips on how to find the work you want to do, and how to find joy in the work you're already doing.law lawyer legal podcast attorney practice
Rank #12: ABA Journal: Modern Law Library : Prosecutor's book offers first-hand look at 'Making a Murderer' subject Steven Avery
A year before Netflix's viral hit Making of a Murderer was making headlines, Manitowoc County prosecutor Michael Griesbach released his book The Innocent Killer: A True Story of a Wrongful Conviction and its Astonishing Aftermath. Griesbach was the prosecutor who worked to free Steven Avery after DNA evidence proved he had been wrongfully convicted of a terrible assault.
In this episode of the Modern Law Library, we speak with Griesbach about his work to achieve Avery's exoneration; why he decided to write a book on the topic; whether watching Making a Murderer changed his mind about Avery's guilt in the murder of Teresa Halbach; some of the evidence the documentary left out; and how the release of the Netflix documentary has affected Manitowoc County.
Rank #13: ABA Journal: Modern Law Library : Before stop-and-frisk there were vagrancy laws; ‘Vagrant Nation’ explores their rise and fall
Rank #14: ABA Journal: Modern Law Library : Grammar nerds, meet your Comma Queen
Mary Norris has been a copy editor for the New Yorker since 1978. In her new book, Between You & Me: Confessions of a Comma Queen, she offers clear and understandable grammar lessons for some of the most common conundrums faced by English speakers. Along the way, she also lifts the veil on the editorial process for the famed magazine, and describes the meandering career path that led her to the New Yorker. In this episode of the Modern Law Library, Norris and the ABA Journal's Lee Rawles discuss lawyers' affinity for language, and the behind-the-scenes challenges involved in magazine editing.
Rank #15: ABA Journal: Asked and Answered : Linda Greenhouse and Jonathan Turley discuss the relationship between courts and the press
In this month's Asked and Answered podcast, moderator Stephanie Francis Ward talks to Linda Greenhouse and Jonathan Turley about the past, present and future of legal journalism, and how it has influenced courts. Greenhouse reported on the U.S. Supreme Court for the New York Times for four decades, and is now the Joseph Goldstein Lecturer in Law and Knight Distinguished Journalist-in-Residence at Yale Law School. Turley is an attorney, legal scholar and professor at George Washington University Law School and is a legal analyst for several media outlets.
Linda Greenhouse is the Joseph Goldstein Lecturer in Law and Knight Distinguished Journalist-in-Residence at Yale Law School. That follows a 40-year career at the New York Times, where she covered the U.S. Supreme Court. She currently writes a biweekly op-ed column about the Supreme Court for the New York Times website.
Jonathan Turley, a professor at George Washington University Law School, focuses his academic work on constitutional matters, legal theory and tort law. He also writes an eponymous blog; is a member of USA Today's board of contributors; and had done legal analyst work for CBS and NBC.
Rank #16: ABA Journal: Modern Law Library : First Amendment defender warns of threats to free speech in the ‘fake news’ era
The rights to free speech and freedom of the press guaranteed in the Bill of Rights. But when it was first passed–and for its first hundred or so years–the First Amendment was not the robust defense we think of today. Legendary civil rights attorney Floyd Abrams joins the ABA Journal’s Lee Rawles to discuss his book “The Soul of the First Amendment” in this episode of the Modern Law Library. Abrams shares how First Amendment jurisprudence changed over time, and what dangers he sees ahead for free speech in the era of fake news and a presidential administration that is hostile to the press.
Rank #17: ABA Journal: Modern Law Library : Can you become a better lawyer in 5 minutes a day? This author thinks so
Many people promote a daily practice of meditation, spiritual contemplation and mindfulness as a way to improve your personal life and wellbeing. Attorney Jeremy Richter argues that creating a similar daily ritual to focus on developing your professional skills can be just as helpful to your clients, career and your law practice. In this episode of the Modern Law Library, the ABA Journal’s Lee Rawles speaks with Richter, author of the new book “Building a Better Law Practice: Become a Better Lawyer in Five Minutes a Day.” The book is structured to provide a daily reading on personal and professional development over a seven-week time period. Richter discusses why he decided to channel energy into blogging during the early years of his practice as an insurance litigator, and shares some lessons from that time that became inspirations for the book.
Rank #18: ABA Journal: Asked and Answered : How can lawyers fight implicit bias?
Many of us don’t think of ourselves as biased, and we don’t want to be prejudiced towards others. But we’re also reluctant to acknowledge the ways bias can creep in, according to academics who study implicit bias. In this episode of Asked and Answered, the ABA Journal’s Stephanie Francis Ward speaks with Jeffrey Rachlinski, a Cornell Law School professor who has done various studies about implicit bias, including one that focused on trial judges.
Special thanks to our sponsors Amicus Attorney.
Rank #19: ABA Journal: Modern Law Library : How broken windows policing changed the legal landscape in ‘Misdemeanorland’How broken windows policing changed the legal landscape in ‘Misdemeanorland’
As violent crime in New York City peaked from 1988-1991, policy makers were desperate for ways to combat and prevent it. In 1994, a new theory was embraced by the NYPD: that by controlling low-level “quality-of-life” violations like vandalism, noise complaints, traffic violations and aggressive panhandling, the police would ward off violent crime and more serious property crimes. Violent crime numbers had already begun to dip, but now misdemeanor arrests shot up, pulling in tens of thousands of people with no prior criminal record. In this episode of the Modern Law Library, Prof. Issa Kohler-Hausmann explains to the ABA Journal’s Lee Rawles the impact this change in tactics had for New York City police, courts and residents, and discusses her new book, “Misdemeanorland: Criminal Courts and Social Control in an Age of Broken Windows Policing.”
Rank #20: ABA Journal: Asked and Answered : How can you attract positive media attention for yourself or your clients?
You may have noticed that some lawyers are often quoted in the press. They might have a practice that naturally garners attention, or perhaps they are great at explaining complex issues succinctly and have a good camera presence. Or it could just be that they’re known for returning phone calls and emails in a timely manner.
Reaching out to the media can be helpful–or harmful–to your clients. What are the best ways to approach reporters when you're looking for a media spotlight? How can you provide reporters with useful information, in a way that also promotes you and your clients in a positive light?
In this month’s Asked and Answered, the ABA Journal’s Stephanie Francis Ward discusses how lawyers can best approach the media when they’d like some press. This month's guest is Vivia Chen, a senior columnist with the American Lawyer.
Vivia Chen is the creator and chief blogger of the Careerist, an American Lawyer column that focuses on women and diversity in the profession. A former corporate lawyer who is now a senior columnist, Chen’s writing has been honored by the American Bar Association and Business Insider.