Lawyer 2 Lawyer

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The Current State of Civility in the Legal Profession May 29, 2020

Show notes

On May 14, 2020, clients of the litigation firm Boies Schiller Flexner filed a malpractice lawsuit against the law firm alleging that the attorneys in their dispute gave them bad advice and drove up costs through overly aggressive litigation tactics. As a result of these actions, the malpractice plaintiffs claim they were forced to settle as they could not afford to appeal.

According to an article published by the ABA Journal on May 18, 2020, Boies Schiller responded to the suit stating "This lawsuit is nothing more than a cynical attempt by a former client to avoid its obligation to pay the firm's legal fees….the allegations are baseless and will not deter the firm from continuing its efforts to collect its fees."

On today's Lawyer 2 Lawyer, host Craig Williams is joined by Dick Semerdjian, founding partner of Schwartz Semerdjian, and attorney Jayne Reardon, the executive director of the Illinois Supreme Court Commission on Professionalism, as they discuss the current state of civility in the courts, the use of overly aggressive litigation tactics, and how the legal profession is promoting civility through various methods.

Special thanks to our sponsors, Blue J Legal.

Link:

ABA Journal Article: Malpractice Suit Against Boies Schiller Alleges Overly Aggressive Litigation Tactics by Debra Cassens Weiss

The Killing of Ahmaud Arbery May 15, 2020

Show notes

On February 23rd, 2020, Ahmaud Arbery, a 25-year old African American man, was gunned down while jogging through his Brunswick, Georgia neighborhood, just steps from his home. Two armed white men, Gregory McMichael, a former officer with the Glynn County Police Department, and his son, Travis McMichael, told police they followed Arbery in their pickup truck, believing he was responsible for a series of burglaries in the neighborhood. Gregory claimed Ahmaud attacked his son, who then fired his weapon in self-defense, killing Arbery. There were no arrests at the scene and no charges were filed by prosecutors.

Two months later, a video of the killing surfaced. The video, taken by William Roddy Bryan, a neighbor of the McMichaels who was in his vehicle also pursuing Arbery, contradicted the McMichaels account of what happened and led to a public outcry calling for justice for Ahmaud. On Thursday, May 7th, the Georgia Bureau of Investigation charged the McMichaels' with murder and aggravated assault.

On today's Lawyer 2 Lawyer, host Craig Williams is joined by attorney Christopher Bruce, the Political Director for the ACLU of Georgia, as they discuss the killing of Ahmaud Arbery, and take a look at the laws of Georgia, the handling of this case by prosecutors, the impact of the video, where this matter stands today, and what's to come in the future.

Special thanks to our sponsors, Blue J Legal.

Potential Legal Issues Stemming from the Reopening of Businesses May 01, 2020

Show notes

With certain states reopening across the nation, employers could soon face a host of legal issues when their employees return to work. For instance, per the decision of their governors, retail stores in South Carolina AND salons, barbershops and tattoo parlors in Georgia are included in the first round of businesses set to reopen. For these businesses, the safety of their customers and employees will necessitate new safety protocols and potentially expose employers to liability.

On today's Lawyer 2 Lawyer, host Craig Williams is joined by attorney Margaret R. Kurlinski, a shareholder and chair of Godfrey & Kahn's Labor & Employment Practice Group, as they discuss the states' reopening of businesses, what legal issues could arise, and the safety standards employers will need to put in place for their employees and customers.

Special thanks to our sponsors, Blue J Legal.

Voting During a Pandemic Apr 17, 2020

Show notes

On April 6th, 2020, on the eve of the Wisconsin primary, the US Supreme Court ruled in favor of the Republican National Committee and Wisconsin Republicans, thus refusing to extend the deadline for absentee ballots in Wisconsin in the middle of a pandemic. With thousands of voters no longer able to vote by mail, this decision led to long lines at understaffed voting locations across Wisconsin, and masked voters attempting to maintain safe distances from each other. As we approach a major nationwide election in November, what kind of obstacles can voters expect to face on Election Day?

On today's Lawyer 2 Lawyer, host Craig Williams is joined by Ned Foley, director of Election Law at Ohio University, Moritz College of Law, and Charles Stewart, III, the director of the Caltech/MIT Voting Technology Project, to discuss voting during a pandemic. They take a look at SCOTUS' Wisconsin primary decision, Vote-By-Mail, and the impact the pandemic will have on the upcoming election.

Special thanks to our sponsors, Blue J Legal.

Federalism and the Coronavirus Apr 03, 2020

Show notes

As our nation battles the COVID-19 pandemic, our president's response and leadership is being tested. Ventilators are in short supply, hospitals across the states are in desperate need of masks, supplies, tests, and beds, and governors across the country have been hitting the airwaves pleading for assistance from the federal government. So, what are the respective roles of the federal government and the state governments in a time of crisis?

On today's Lawyer 2 Lawyer, host Craig Williams is joined by Robert L. Tsai, constitutional law professor at the American University College of Law, and professor Glenn Cohen, faculty director at the Petrie-Flom Center for Health Law Policy, Biotechnology & Bioethics at Harvard Law School, as they explore the concepts of federalism and states' rights, the tug of war between the governors and the president over COVID-19, leadership during a crisis, and the constitutional underpinnings.

Special thanks to our sponsors, Blue J Legal.

Federal Funding and Sanctuary Cities Mar 20, 2020

Show notes

On February 26, 2020 the 2nd Circuit Court of Appeals in Manhattan ruled that the Department of Justice could withhold funding from "sanctuary cities", the common term for cities and states that refuse to cooperate with the Trump administration's crackdown on undocumented immigrants.

On today's Lawyer 2 Lawyer, host Craig Williams is joined by Ilya Somin, professor of Law at George Mason University, and Philip L. Torrey, managing attorney of the Harvard Immigration and Refugee Clinical Program, to discuss President Trump's intent to withhold federal funding to sanctuary cities. They take a look at this recent ruling, the legal issues that could arise from the withholding of federal funding, and the impact this could have on state/local rights and immigration.

Special thanks to our sponsors, Blue J Legal.

The SCOTUS Ruling in Hernandez v. Mesa Mar 06, 2020

Show notes

On February 25, 2020, in a 5-4 ruling in the case of Hernandez v. Mesa, the Supreme Court ruled that the parents of Sergio Adrián Hernández Güereca, a 15-year-old Mexican national who was fatally shot by Border Patrol Agent Jesus Mesa, Jr., cannot sue the U.S. Customs Border Patrol agent for damages under the U.S. Constitution and that the 1971 Bivens v. Six Unknown Named Agents ruling, does not extend to the family's cross-border shooting claims.

On today's Lawyer 2 Lawyer, host Craig Williams is joined by professor James Pfander, from Northwestern Pritzker School of Law to discuss the recent SCOTUS decision in Hernandez v. Mesa. Craig and James take a look at this case and the path to the Supreme Court, the 5-4 ruling, and the impact this decision will have on future cases regarding the border.

Special thanks to our sponsors, Blue J Legal.

Inside the Coronavirus Outbreak Feb 21, 2020

Show notes

First identified in early December 2019, a novel strain of coronavirus, informally named Wuhan Coronavirus (now formally named COVID-19 by World Health Organization) after the area it was first found, has attracted the attention of the world. As of February 10, 2020, more than one thousand people have died, and tens of thousands of others have been infected. As fears continue to mount, disruptions to trade and travel are being felt around the world, and a rising volume of misinformation about the outbreak has resulted in the World Health Organization declaring an "infodemic".

On today's Lawyer 2 Lawyer, host Craig Williams is joined by attorney Grace Yang who works out of Harris Bricken's Seattle and Beijing offices, as they discuss this new coronavirus outbreak. Craig and Grace look at the real picture of what's happening, the overall impact on travel and business, and China's new rules for dealing with the coronavirus.

Special thanks to our sponsors, Blue J Legal.

The Impeachment Trial of President Trump Feb 07, 2020

Show notes

The impeachment trial of President Donald J. Trump is underway and, as expected, it has come with its share of controversy. On December 18, 2019, President Trump was impeached by the House of Representatives for abuse of power and obstruction of Congress. As of the date of this recording, which is January 29, 2020, the Republicans had uniformly resisted demands to call witnesses and subpoena new evidence not presented in the House investigation.

On today's Lawyer 2 Lawyer, host Craig Williams is joined by Tom Jipping, the deputy director of the Edwin Meese III Center for Legal and Judicial Studies and a Senior Legal Fellow for the Heritage Foundation and attorney Alan Baron, a special counsel to government entities, as they discuss the impeachment trial, specifically the issues of witnesses, new evidence, its constitutionality, the House managers, the impact of the trial on the presidency, and, of course the potential outcome.

Special thanks to our sponsors, Blue J Legal.

Legal Ethics and the Profession Jan 24, 2020

Show notes

Upon their admittance to practice, new attorneys agree to abide by their jurisdiction's ethical rules. For most states, this means upholding some version of the ABA's Model Rules of Professional Conduct, which prescribes standards of legal ethics and professional responsibility for lawyers. However, despite the existence of these rules, and all lawyers' agreement to follow them, violations of the rules are not exactly uncommon.

On today's Lawyer 2 Lawyer, host Craig Williams is joined by Deborah L. Rhode, the Ernest W. McFarland Professor of Law and the director of the Center on the Legal Profession at Stanford Law School, and Scott Cummings, the Robert Henigson Professor of Legal Ethics and professor of law at UCLA School of Law, as they explore legal ethics in today's world, the value of adhering to the ethical rules, and what lawyers can do to maintain the reputation of the profession.

Special thanks to our sponsors, Blue J Legal.

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