Columns

What makes for unhappy lawyers?

Hey, lawyers! Is everybody happy? If you’re happy and you know it, clap your hands. Many of our colleagues are not exactly thrilled while practicing law. As Nanki-Poo in Gilbert and Sullivan’s The Mikado might say, the best way they could express their joys of law practice would be “modified rapture.”

Mar 15, 2023 3:17 PM CDT

Is this a court of record or ‘Nothing But Trouble’?

I’ve always been a fan of those movies that are so bad they’re good. They come in various forms. Sometimes it’s your standard low-budget “B-movie” that owes its appeal to the fact that, despite its low budget, a great deal of effort was put into the production only to yield a subpar result. The 2003 film The Room starring Tommy Wiseau and Juliette Danielle is a great example (and a must-watch for any fan of this genre).

Mar 15, 2023 2:09 PM CDT

Judges: Guard ‘your honor’

“We address judges as ‘your honor’ because we know they have real power. We appeal to their honor, not their egos, when we do it. ... ‘Your honor’ isn’t merely aspirational; it’s gloriously aspirational,” writes a Connecticut complex litigation judge.

Mar 7, 2023 8:47 AM CST

Chemerinsky: Student loan relief cases will have lasting effects whatever Supreme Court decides

No matter what the U.S. Supreme Court does in the cases involving the Biden administration’s student loan relief plan, there is sure to be a major effect on many people’s lives and on the law. On Tuesday, Feb. 28, the court heard oral arguments in two cases—Biden v. Nebraska and Department of Education v. Brown—that raise myriad legal issues and any path taken by the court will have significant consequences. (I was among 24 legal scholars who signed an amicus brief in support of the Biden administration).

Mar 1, 2023 8:42 AM CST

‘Rust’ and a look at criminal liability on movie sets

No profession is free from potential tragedy. It can come in various shapes and sizes to some degree or another, but the notion of someone dying while on a typical job is far from the realm of expectations. While these tragedies are always, well, tragic, death seems to hit on a different level when it happens in what should be a somewhat controlled environment. In that circumstance, as opposed to repercussions stemming from recklessness or a total disregard for safety, it is even more devastating when the death happens in the public eye for all the world to analyze.

Feb 27, 2023 8:41 AM CST

Even Death Can Be Political: An interview with forensic pathologist Michael Baden

It was May 29, 2020. Michael Baden, like most Americans, was holed up at home. For days, he had seen images on television of a lifeless George Floyd, his neck pinned to the ground by the knee of a Minneapolis police officer.

Feb 23, 2023 12:05 PM CST

How Shakespeare’s ‘Hamlet’ can shed light on legal bias

What’s the problem with Hamlet? A central preoccupation of the characters in Shakespeare’s Hamlet, Prince of Denmark is deciphering what’s going on with the title character.

Feb 23, 2023 11:55 AM CST

The Case for ChatGPT: Why lawyers should embrace AI

Artificial intelligence has the potential to change the world in which we work and live. If you’ve been paying attention, you know that AI-related transformation is already happening, and the legal industry is not immune.

Feb 21, 2023 1:11 PM CST

Tools for legal professionals to work at higher level ‘are on the horizon,’ says software developer CEO

Ari Kaplan recently spoke with Early Stephens, the CEO of Actionstep, a practice management software developer that serves law firms worldwide, about its newly released survey, 2023 Midsize Law Firm Priorities Report, which focuses on the most prominent priorities and trends impacting legal teams.

Feb 16, 2023 1:48 PM CST

Humanizing the Process: A new approach to interviewing for law firms

For the past 20 years in the legal recruiting business, my firm, the Advocates, has focused on helping our clients land key lateral attorneys and improve retention through several unique processes designed to match candidates’ personalities to the right law firm and corporate cultures for them.

Feb 16, 2023 12:21 PM CST

What attorneys need to consider financially about their retirement

The transition into retirement is a major life change for attorneys. I know because I just went through this process. You need to be aware that retirement is a process, and there are some upfront considerations that are unique to lawyers before taking the plunge to leave work. As an attorney, you’re likely well aware of the lawyer’s mantra: prepare, prepare, prepare. This could not be more appropriate with a slight adjustment: prepare, plan and pamper.

Feb 16, 2023 8:45 AM CST

Examining juvenile crime and punishment in songs

In the years since its initial release, “I Hung My Head” has been covered by both Johnny Cash and Bruce Springsteen. In fact, if you perform a Google search for the track’s title, it’s Cash’s version that appears first and foremost.

Feb 13, 2023 8:41 AM CST

Lawyers should try their cases with appeal in mind

Many appeals are won or lost before the notice of appeal is even filed. Trial counsel are accordingly wise to focus their litigation strategies not only on trial preparation but also on the eventual appeal. Working with an experienced appellate attorney earlier in the process—which is an option many trial lawyers and counsel overlook—can pay significant dividends.

Feb 9, 2023 8:46 AM CST

Lessons for lawyers on jury selection from the courtroom and classroom

Common sense dictates that lawyers fare better with jurors who have formed a favorable impression of counsel. Favorable and unfavorable impressions begin with voir dire. The ingredients necessary to build rapport with members of the venire are no secret.

Feb 2, 2023 9:11 AM CST

Chemerinsky: When can state governments sue the United States?

A recurring issue before the Supreme Court this term, including in two cases to be argued in the next month, concerns when state governments have standing to sue the United States. Over the last decade, there has been an explosion of such suits.

Feb 1, 2023 11:49 AM CST