YourABA November 2018

Practice Management

“Ya gotta have a plan”

by Dennis A. Rendleman, Ethics Counsel, ABA Center for Professional Responsibility

The Standing Committee on Ethics and Professional Responsibility has recently issued two Formal Ethics Opinions: No. 482 and No. 483.

Artificial Intelligence & Robotics

AI: A litigator’s new best friend?

by Holly Urban

As the ways to utilize artificial intelligence (AI) grow, so do the amount of people implementing this cutting-edge technology to their work. According to Statista, the rate of adoption is quite high — global revenues from AI for enterprise applications is projected to grow from $1.62 billion in 2018 to $31.2 billion in 2025. Its popularity reaches every sector and is substantially affecting the legal space as well.

Civic Education

5 upcoming Supreme Court cases to watch

As the Senate decided the future of then-Supreme Court nominee Brett Kavanaugh, legal experts gathered in late September for a program entitled “On the Docket: Looking Ahead at the New Supreme Court Term,” sponsored by the ABA Division for Public Education and the American University Washington College of Law to discuss the cases that will soon come before the High Court.

Trial Practice

Witness preparation: Lessons from Bill Cosby trial, more

In the ABA webinar “Why Smart People Give Stupid Testimony,” lawyer Kenneth R. Berman explains that this one-size-fits-all method leads to under-answered questions that often leave the wrong impression and cede control of the narrative to the other side.

Pro Bono

What Justice Kagan told ABA about decision-making, politics, pro bono, more

In honor of the 10th anniversary of the National Celebration of Pro Bono, U.S. Supreme Court Associate Justice Elena Kagan sat down with American Bar Association President Bob Carlson at Georgetown University Law Center on Oct. 24 to discuss pro bono service, how her prior experience serves her as a justice, whether or not the Supreme Court is politicized and more.

Health

Free ABA guide: Help your clients on advance directives

The research on advance care planning tells us that adults are just as likely to talk to their lawyer about advance directives as to their doctor. But, the problem that arises is that lawyers and medical professionals work in distinct practice silos. They each see the planning through a different lens.

Civil Rights & Constitution

How to advise clients on civil disobedience

From the Boston Tea Party to the civil rights movement to Black Lives Matter to #MeToo, civil disobedience is woven into America’s fabric. And lawyers have played a major role in it, representing clients “who are willing to sacrifice some of their own freedom and take a risk to point out injustice,” said William Quigley, a civil and human rights lawyer and professor at Loyola University of New Orleans Law School. He was one of the panelists on the ABA webinar, “Civil Disobedience 101: Adding the Defense to Your Practice.”

Women in the Law

New lawyers: Advice on bridging the generation gap

Three women, who received their law degrees in 2000, 2008 and 2012, respectively, came together to share their takes on bridging the generational divide at the office and finding work-life balance at home in the Summer 2018 issue of TYL. Here is some of what they shared.

Criminal

Legal Fact Check: What is the legal standard for deadly force in a shooting by police?

Immediately after Chicago police officer Jason Van Dyke was found guilty on Oct. 4 of the second-degree murder of 17-year old Laquan McDonald, the officer’s lawyer said: “If police officers think that they can never fire against somebody that is acting the way Laquan McDonald was ... police officers are going to become security guards.”

Practice Management

Two musts on hiring a freelance attorney

Work overflow? If you’re thinking about hiring a freelance attorney, expert Kristin Tyler offers good advice to first-timers. Tyler is a successful Las Vegas-based trusts and estates lawyer, as well as the co-founder of LAWCLERK, a nationwide network that connects freelancers with those who need them.