Shifting The Power Balance

Dwayne Smith
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Shifting the Power Balance is a workplace law and HR strategy podcast hosted by Dwayne Smith, a leading legal authority and experienced workplace attorney focused on navigating workplace conflict, reducing risk, and strengthening employee-employer relationships. Created for business owners, C-suite executives, entrepreneurs, HR directors, and organizational thought leaders, this podcast addresses workplace harassment, HR violations, power dynamics, employee handbooks, and the real-world decisions that trigger legal exposure. Each episode delivers practical guidance on: Navigating workplace investigations and harassment claimsManaging employee relations before they escalateCreating legally sound employee handbooksUnderstanding power imbalances that lead to conflictReducing liability, insurance claims, and compliance riskCreating productive and successful organizations by making each employee feel valuableClear insight. Real examples. Actionable leadership strategies for modern workplaces.

  1. 1d ago

    Advocating For Dads Part II - David Pisarra

    Episode Overview  In Part II of this conversation, family law attorney David Pisarra delves deeper into the power dynamics that fathers face in and out of the courtroom. David breaks down why the power imbalance often starts before a dad says a single word to a judge, how cultural narratives about "deadbeat dads" shape court outcomes, and what internal tools men need to stay grounded when everything is falling apart. He introduces the concept of the "accusation audit," explains how language shifts, such as moving from "my child" to "our child," can reshape a judge's perception, and shares why presumptive 50/50 custody is the single legal reform he believes would change family court overnight. The episode closes with a rare, unguarded reflection on what 25 years of this work has cost David personally — and why he keeps doing it. POWER IN THE COURTROOM 0:00  —  Podcast intro  0:19  —  Host welcomes David Pisarra back for Part II 0:39  —  Where does the power actually sit when a father walks into court for the first time? 0:50  —  David: "Usually with mom" — she arrives with an encyclopedia; he arrives wanting access to his kids 1:11  —  The role of revenge and high-conflict custody battles in fueling family court proceedings 1:46  —  Why demonstrating any anger in court can be instantly weaponized against a father CULTURAL NARRATIVES & THE DEADBEAT DAD MYTH 2:16  —  How the "deadbeat dad" and "absent father" narratives follow men into court 2:39  —  David's reality check: 70–80% of divorces are straightforward; high-conflict cases are the exception 3:03  —  The stat that reframes everything: 80% of divorces are filed by women 3:37  —  Judges do see through the narrative — and the deadbeat dad is not the majority 3:50  —  "I've had many men tell me: I would pay double if I could see my kids more" INTERNAL POWER — STAYING GROUNDED UNDER PRESSURE 4:00  —  How David coaches one-on-one clients: "Your job is to sit there. Stone face. No emotion." 4:26  —  Dad's Law School VIP program: preparing self-represented fathers for what's coming 4:40  —  The "accusation audit" — Chris Voss / Never Split the Difference applied to family court 5:03  —  Real example: the NASA engineer, 23 drug tests, and responding to false accusations with evidence KEEPING THE CHILD AT THE CENTER 5:37  —  Why David rewrites declarations to center the child's perspective, not the father's grievance 6:01  —  The language shift from "my child" to "our child" and what it signals to a judge 6:26  —  Why David now tries to avoid guardian ad litem and minors' counsel 6:45  —  The triangulation problem: how a narcissistic or BPD parent can co-opt a guardian ad litem WHY DAVID BUILT DAD'S LAW SCHOOL 7:00  —  "Dad is nothing but a Thanksgiving turkey being carved up" — the financial gauntlet fathers face 7:27  —  The cost breakdown: child support, anger management, batterers' intervention, monitored visitation, spousal support — all at once 8:59  —  David gets thousands of requests for help a year and can't help everyone for free 9:21  —  The middle ground: online courses in custody action plans, discovery, evidence, contempt 9:47  —  "If I can teach a dad to write a decent declaration and use his text messages in court, maybe I can get him more time with his kids" 10:01  —  The starfish story — "I can't save them all, but I can save this one" THE 125,000-DAD COMMUNITY 10:25  —  Who is David's social media community? Dads trapped in the family court nightmare 10:43  —  "Every other weekend isn't enough to raise a child or be a father figure" 11:05  —  The messages David receives that keep him going: "I was going to kill myself, but I won in court" 11:20  —  Why family law can make you cynical — and why David fights that pull DWAYNE'S PERSONAL STORY — WHEN CO-PARENTING WORKS 11:45  —  Dwayne shares his parents' divorce and the long-term impact on his family 12:09  —  Dwayne's blended family: he and his stepson's father now have beers together; both families co-parent around the grandkids 12:53  —  "We've done a disservice to our kids — not mom's fault, not dad's fault, holistically" 13:19  —  Schools, churches, and courts taking on burdens they weren't designed for SYSTEMIC CHANGE — THE ONE REFORM THAT WOULD CHANGE EVERYTHING 14:47  —  The erosion of personal responsibility globally — and children paying the price 15:01  —  David's warning: before you marry a woman who has a child, watch how she treats that child's father 15:47  —  The one thing David would change: presumptive 50/50 custody 16:04  —  States already doing it: Missouri, Florida, Kansas — and the result is fewer divorces and less acrimony 16:39  —  Dwayne's real-world 50/50 experience: two-on/two-off/five-on schedule; now all four parental figures share grandkid birthday parties 17:44  —  How the presumption of 50/50 removes the "I win, you lose" dynamic from court ADVICE FOR DADS & HOW TO FIND DAVID 17:48  —  First thing David tells a dad who just got served: breathe — this is a long battle 18:02  —  The reality of family court delay: 20 cases a day on a 5-hour docket 18:30  —  Time can heal — and for the 80% in normal cases, it gets better 18:43  —  For high-conflict cases: get a lawyer, get a support group, and don't do anything stupid now that will follow you 19:07  —  How to find David: dadslawschool.com — VIP program, book, group coaching 19:23  —  The new "War Room" program: 4-week intensive, 10 dads at a time, for men with a hearing coming up 19:43  —  Social media: @dadslawschool on TikTok, Instagram, Facebook, and yes, even Pinterest FINAL REFLECTION — WHAT 25 YEARS COSTS 19:54  —  Dwayne's closing question: what has 25 years of this work done to you — and what has it cost you personally? 20:44  —  David: "It's made me more aware of how great men really are and how poorly we're treated in society" 21:02  —  The cost: stress, health, a cardiologist who can back him up, and moments of deep cynicism 21:28  —  "I see a lot of darkness. I try not to tip into that very toxic, very negative mindset — it's great for ratings, but it's not healthy" 22:02  —  Dwayne connects through his own work in workplace investigations: "We will pay the price, but we will not count the cost" — Rush 22:47  —  Dwayne's closing: thanks to Sheral Devaughn and Gary Barnes for the introduction; children are our most precious asset 23:39  —  Podcast outro — visit shiftingthepowerbalance.com Resources & Links David Pisarra — LinkedIn: linkedin.com/in/davidpisarra Dad's Law School: dadslawschool.com Shifting the Power Balance Podcast: shiftingthepowerbalance.com This podcast is for informational and entertainment purposes and does not constitute an attorney-client relationship or legal advice.  The views expressed by guests don't necessarily reflect those of the host(s).

    Advocating For Dads Part II - David Pisarra

  2. Aug 9

    Advocating For Dads - David Pisarra

    The following episode description has been created with the assistance of AI.  Episode Overview What happens when a father walks into family court feeling invisible, outmatched, and terrified of losing his children? In this episode of Shifting the Power Balance, host Dwayne Smith sits down with David Pisarra — family law attorney, fathers' rights advocate, and founder of Dad's Law School — for a candid conversation about the power dynamics inside the family court system. This is Part 1 of a two-part conversation. Part 2 will drop in a couple of weeks.   About the Guest David Pisarra — Family Law Attorney & Founder, Dad's Law School David Pisarra is a family law attorney based in Santa Monica, California, with over 25 years of experience representing fathers in divorce, child custody, and parental alienation cases.   In 2021, David founded Dad's Law School — an online education platform and coaching community that equips fathers with the legal knowledge, courtroom skills, and emotional tools to fight for their children, with or without an attorney.   Timestamps Introduction 0:20  —  Show Introduction & Guest Bio  Dwayne introduces David Pisarra and frames the episode's central question: Why do so many fathers enter the family court system powerless — and what does it take to change that?   David's Background & Origin Story 2:00  —  Growing Up in Northern California           David grew up in Orinda, CA (East Bay, outside Oakland/San Francisco). 2:15  —  St. John's College — The Great Books Education           Why David chose a small liberal arts school in Annapolis, Maryland.  3:12  —  Landing in Los Angeles & Law School          A summer working in his brother's law office turned into three years — then law school at the University of West Los Angeles. 4:02  —  Becoming a Family Law Attorney — Not by Choice           David's partner pushed for family law while David wanted business law. Word spread fast at networking events and his calendar filled with family law cases.  5:00  —  Narrowing the Practice to Men          After going "crazy" doing general family law, David realized he liked certain clients and not others. Boys on the right, girls on the left — and Men's Family Law was born. 5:10  —  The Shift That Led to Dad's Law School           About 10 years ago, David noticed men getting "chewed up by the mission creep of domestic violence law" Dad's Law School launched in 2021.  Representing Dads — While Fighting for Kids 6:41  —  Holding Both Realities: The Client & The Child           Dwayne asks how David advocates for dad without losing sight of the child's best interest. 7:08  —  Dad's Role vs. Dad's Time          It's not so much dad's time — it's your role as a parent.   What 25+ Years in Family Court Has Taught Him 8:27  —  The View from the Courtroom          David's frank assessment of what he sees: a lot of carnage — and a lot of people fighting for their ego instead of their children. 9:04  —  How Family Court Cases Break Down  15%  of court cases account for virtually all the damage. 10:31  —  The Good He's Seen          "Men generally step up. They generally want to provide for their families and their kids."  11:09  —  The Uphill Battle           The majority of engaged fathers are fighting a court system that is, in David's words, "definitely not skewed in their favor.   Is This a California Problem — or a Global One? 11:33  —  Dwayne Asks About Geography: Is the alleged bias David sees specific to California's legal culture? 11:53  —  David's Answer: The Laws Are Mostly the Same           The nuance or interpretation differs coast to coast, but the statutory framework is largely similar.  12:32  —  A Global Crisis      David reports hearing from lawyers and litigants in New Zealand, Australia, South Africa, the Czech Republic, Canada, the UK, and Brazil — all experiencing the same systemic failure to support fathers in family court.   Does Money — or Lawyer Quality — Determine Outcomes? 13:21  —  Dwayne's Question: Does a Better Lawyer = Better Outcome for Dad?      Drawing a parallel to medicine: does who you hire determine how you do? 14:04  —  David's Counterintuitive Answer           "Not so much." A mediocre lawyer walking in with a mother who can cry on cue will more easily beat an experienced attorney representing a father.    Helping Dads Tell Their Story in Court 14:48  —  The Storytelling Problem          Dwayne asks what it actually means to help a dad tell his story effectively. 15:00  —  Why Dads Don't Know What to Say When a dad walks in and says 'I'm a great dad, give me 50% custody,' that won't cut it against a mother with an encyclopedia of documentation. 15:18  —  The Kid Inventory          The centerpiece of David's book: 123 questions about what a father knows about his child . 16:28  —  Countering the Narrative           When a declaration with 43 specific facts about a child is placed in front of a judge, it shifts the conversation — and challenges mom's credibility if she claims dad is uninvolved. 16:39  —  Dwayne's Experience as a School Administrator           A compelling parallel: the political football of parental conflict that plays out in schools, and how Dwayne trained his teachers and staff not to get drawn into it.   The Most Common Mistake Fathers Make 18:26  —  The Answer: Coming In Too Late          David's most common call is from a dad who just got "destroyed in court" and needs it fixed.   Parental Alienation — What It Really Is 19:17  —  Defining Parental Alienation           Dwayne asks David to explain parental alienation for listeners unfamiliar with the term. 19:27  —  The Core Definition          "One parent turns the child against the other parent — trying to sever the relationship between parent and child. 20:00  —  The Levels — From Normal to Severe Parental alienation involves what was formerly a loving, bonded relationship being broken for no valid reason. 21:09  —  How It Starts Subtly          A mother dropping a child off at dad's house and saying, "If you don't feel safe, call me, I'll come get you" — that's the beginning. The message planted: dad's house is not the safe house. Mom is the protector. 21:09  —  The Termite Analogy           "As those termites start wearing away the relationship, it becomes harder and harder for dad to bond." Eventually the child refuses to go to dad's house, citing vague discomfort or safety concerns that didn't exist months before. 22:18  —  Why It's Almost Impossible to Prove in Court           Mom isn't grilling the child or saying "dad is unsafe" on the record.  23:32  —  The Long-Term Damage   Parental alienation doesn't just break a relationship; it damages how the next generation forms their own families.  Episode Wrap-Up 24:02  —  Part 1 Close — Teaser for Part 2          Dwayne wraps Part 1 and previews what's coming in the second conversation Connect with David LinkedIn: https://www.linkedin.com/in/davidpisarra/ Dad's Law School / Union of Dads: https://www.unionofdads.com Men's Family Law: https://www.mensfamilylaw.com   This podcast is for informational and entertainment purposes and does not constitute an attorney-client relationship or legal advice.  The views expressed by guests don't necessarily reflect those of the host(s).

    Advocating For Dads - David Pisarra

  3. Jul 26

    More Than A Coach Part II - Vonn Webb

    This Episode Description was completed with the support of AI.  EPISODE 13 More Than a Coach — Part II Host: Dwayne Smith  |  Co-Host: Rudy Davis  |  Guest: Vonn Webb Runtime: 34:10 EPISODE OVERVIEW  Part II of the conversation with Coach Vonn Webb goes to the places Part I only hinted at. Dwayne Smith and Rudy Davis pick up with Vonn's memories of playing alongside Michael Jordan, then turn the conversation to NIL, player branding, and the real economics of college athletics — before arriving at the moment that changed Vonn's life forever.  On May 10, 2022, Vonn received a call from the Clark County Coroner's Office in Las Vegas. His son Taelin — a record-breaking athlete with NFL aspirations — had died from accidental fentanyl poisoning. In this episode, Vonn shares Taelin's story in full: the basketball-to-football transition, the injuries, the pain medication, the one bad pill. And out of that grief, the founding of the Stay Shaded Foundation — whose mission is to make sure no parent has to get that call.  TIMESTAMPS   0:00  —  Show Intro & Theme  "Power and control is a lifelong struggle for each of us." 0:33  —  Welcome Back — Recap of Part I  Dwayne recaps Vonn's credentials and invites listeners who missed Episode 12 to go back. 1:35  —  The Michael Jordan Story  Vonn was in an All-Star game with MJ. What do you say sitting next to Michael Jordan in the training room? Vonn figured it out — and Jordan never let him forget it. 3:29  —  "Set Screens." — On Jordan's Competitiveness  Game time, Jordan pulls Vonn aside: "All I want you to do is set screens." Rudy: "Vonn, you were the same way at Fifth Street Park." 5:29  —  Setting the Stage: NIL & the Supreme Court Ruling  Dwayne frames the NIL landscape — the 2021 Supreme Court decision, endorsement deals, social media income, Texas Tech's billionaire booster, and the critics who call it pay-to-play recruiting. 6:42  —  Is NIL Really Empowering Athletes?  Vonn: "I think it's a little of both." Athletes earn billions for the NCAA — they deserve to get paid. But right now it's the Wild Wild West, with no real regulation and the power sitting with agents and handlers. 8:41  —  "If You Don't Have the Money, You Don't Have the Honey"  Vonn on the haves and have-nots in college sports: players chase schools with the money. Most of them aren't going pro — they're trying to get financially secure. 9:03  —  The Uncomfortable Truth: College Football & Revenue  Dwayne raises the controversy: 90% of college athletic revenue comes from football. What does it mean that football — largely played by poor and minority kids — subsidizes every other program on campus? 10:22  —  Vonn Responds: Earn It or Accept It  "If you're not earning it, I don't know how you can have issues with how much is being paid out." The programs generating the money have earned the right to drive the bus. 12:00  —  How NIL Changes Player Development  Vonn: "You have them for a year if they're pretty good." The transfer portal means development isn't what it used to be. Kids will leave if they can get paid more elsewhere. 12:50  —  Deion Sanders Understood It First  Everybody has a brand. Deion taught his kids that. What should an 18-year-old athlete with real NIL potential know that nobody is telling them? 13:27  —  "It's About We, Not Me" — But Not Anymore  Vonn's answer: today's system teaches kids, parents, and agents to maximize individual value. He doesn't like it — but he understands it. He draws the line at branding that pulls focus away from performance. 15:00  —  When Sports Meet Business  Rudy connects NIL to the corporate world — you've had a personal brand your whole career, athletes just didn't get paid for it. Vonn shares his work with Athletes to Business, training players to interview and land Fortune 500 jobs. 16:04  —  The Call No Parent Ever Wants  Rudy gently transitions: Vonn got a call not long ago that no parent wants to get. It was about his son Taelin. Rudy gives Vonn all the space he needs. 17:06  —  Taelin Webb: The Athlete, the Son, the Dream  Vonn coached Taelin his senior year of high school after Taelin begged him to take the job. 6'10"-6'11" high jumper. 23-24 foot long jumper. 45" vertical. Set an unofficial world record in kneeling box jumps. Always trying to outdo his dad. 19:43  —  Basketball to Football: The Victor Cruz Effect  Taelin watched an ESPN special on Victor Cruz and called Vonn: "Pops, I think I want to do something different." Vonn called three college football contacts. Southern Utah responded first. Taelin made all-conference as a cornerback. 21:45  —  Injuries, Pain Medication & the Slide Nobody Saw  Injuries on the field led to prescription pain medication. After football, still training for Canada (the NFL wanted more film), Taelin began self-medicating. Coaches had no idea. Family had no idea. 22:43  —  May 10th, 9:48 AM  The call from the Clark County Coroner's Office in Las Vegas. Taelin had passed away. Cause of death: accidental fentanyl poisoning. Three memorials. Three cities. 1,700-1,800 people at each one. 24:09  —  From Grief to Purpose: The Birth of Stay Shaded Vonn and his friend LaRondon talked one night: "I just can't stand by. I got to do something." Stay Shaded Foundation was born. The name comes from how Taelin ended every phone call: "Stay shaded, Pops. Stay cool. Stay safe." 25:02  —  Fentanyl Is Everywhere Now It’s not just pills anymore. Fentanyl is being mixed into marijuana, meth, cocaine, and illegal vapes. Vonn: "That's where it really concerns me — kids dying and they don't even know what they took." 26:52  —  What Every Parent Needs to Do Right Now Vonn’s message: talk to your kids. Not lectures — real conversations. Kids make decisions based on who they're around during their formative years. Give them someone to call before they make the decision they can't take back. 29:03  —  Building a Safety Net: Stay Shaded on Campuses Vonn’s vision: Stay Shaded chapters in high schools and colleges — places where kids can say "I need to talk to somebody" instead of making a move they can't undo. 30:14  —  Final Reflection: What Does It Mean to Matter in This World? Dwayne's closing question. Vonn's answer is quiet, honest, and unmistakable. "I know that God has me. I know that everything I am is to try to be the best I can for everyone around me." 32:05  —  Resources, Closing & How to Support Stay Shaded ABOUT OUR GUEST   Vonn Webb Coach | National Speaker | Founder, Stay Shaded Foundation   Vonn Webb is a 1981 Junction City High School graduate, two-time CIF state champion basketball coach, Division I assistant (Wyoming, UC Riverside, Fresno State), and co-director of Jalen Green's Elite AAU program. On May 10, 2022, he lost his son Taelin to accidental fentanyl poisoning. He founded Stay Shaded — a 501(c)(3) nonprofit — to bring awareness, education, and honest conversation about the fentanyl crisis to families, schools, and athletic programs nationwide.    ●      🔗  LinkedIn:  linkedin.com/in/vonn-webb ●      ❤️  Stay Shaded Foundation:  www.stayshaded.org ●      🌐  Speaking & Booking:  www.coachvonnwebb.com   YOUR HOST & CO-HOST   Dwayne Smith National Speaker | Leading Legal Authority | Host, Shifting the Power Balance  Dwayne Smith is a nationally recognized speaker and employment law attorney. A former High School Assistant Principal and Director of HR Compliance. Dr. Smith specializes in civil rights and professional misconduct workplace investigations as well as NIL collegiate athlete representation.   ●      🌐  www.wplawsolutionskc.com  Rudy Davis CEO, Stella Vista Consulting | Co-Host, Shifting the Power Balance  Rudy Davis grew up alongside Vonn Webb on the streets of Junction City. He was the one who brought Vonn to this show — and the one who gently opened the door to Taelin's story. Rudy is a former VP of Sales in Telecom and consults with executives on strategic growth.  ●      🔗  linkedin.com/in/rudy-davis-6a5baa7     © Shifting the Power Balance Podcast  |  www.shiftingthepowerbalance.com This podcast is for informational and entertainment purposes and does not constitute an attorney-client relationship or legal advice.  The views expressed by guests don't necessarily reflect those of the host(s).

    More Than A Coach Part II - Vonn Webb

  4. Jul 12

    More Than A Coach Part I - Vonn Webb

    EPISODE OVERVIEW This is the first of a two-part episode.  Dwayne Smith and co-host Rudy Davis sit down with Rudy's friend — Vonn Webb, a 1981 Junction City High School graduate who went on to become one of the most decorated high school basketball coaches in the state of California: two CIF state championships, an 85% winning percentage, and a hand in developing NBA players like Chris Jeffries and Deshaun Stevenson. Vonn also served as an assistant coach in Division I programs, including Wyoming, UC Riverside, and Fresno State, and co-directed Jalen Green's elite AAU program.   Part I traces Vonn's journey from the wrestling mats and basketball courts of Junction City, through injury and perseverance in college, to building a dynasty at Washington Union High School. The conversation delves into NIL, the transfer portal, the motivations of today's athletes, and the mentors who shaped all three men. Part II — coming next — delves deeper into Vonn's most personal chapter: the loss of his son, Taelin, and the founding of the Stay Shaded Foundation.   TIMESTAMPS   0:00  —  Show Intro & Theme          "Power and control is a lifelong struggle for each of us." 0:33  —  Welcome & Episode Introduction           Dwayne and Rudy set the stage  1:02  —  Why This Episode Is Personal           Dwayne reveals the Junction City connection between Rudy and Vonn. 1:30  —  Introducing Vonn Webb           Rudy walks through Vonn's credentials: 2 CIF titles, 85% win percentage, NBA player development, Division I coaching, and Jalen Green's AAU program. 2:22  —  Growing Up in Junction City           Vonn shares stories about his uncle Rico Webb, childhood friendships, and the coaches who first shaped him. 3:13  —  From Wrestler to Baller           Vonn was a state-level wrestler — but his friends played basketball. He switched sports freshman year, and Coach Gibson wasn't happy about it. 4:55  —  The Coach Who Made Him Fall in Love With the Game          Mike Copemeyer — junior high teacher and coach — worked with Vonn the way trainers do today, long before training was a thing. 6:40  —  Larry Dixon & Upward Bound: The Mentor Who Changed Everything           Larry Dixon opened the gym, enrolled Vonn in Upward Bound at Kansas State, and gave him direction when he needed it most. Vonn's grandmother told him that if he was going to college, he'd need a scholarship. 7:47  —  Junction City as a Life Advantage          Rudy asks whether growing up in a military town — with its diversity and transience — gave them a unique edge. Vonn: "A hundred percent." 8:59  —  The Winding Road to College           Broken ankle the night before the season opener. Recruitment dried up. Neosho County, then a walk-on at Kansas State. Then a back injury that sidelined him for nearly three years. 13:14  —  Western New Mexico & the Football Detour          A coach spots Vonn in a men's pickup game and offers him a scholarship. Vonn winds up as an all-conference football player at a school he discovered by accident. 14:42  —  From Player to Coach: The Transition           Vonn turned down pro opportunities in Canada (football) and Australia (basketball) to start teaching and coaching in Fresno. He was always a captain — student council, JROTC, Komo Mantas president — so leadership was never a leap. 17:22  —  Building Champions at Washington Union High School           Vonn opens the gym on weekends, brings in NBA players (including Rod Higgins), and builds a culture from scratch. First year: 31–1, state championship. Two titles in four years. Never lost a league game. 23:27  —  More Than Wins: The Kids Who Mattered Most          Vonn reflects on the student-athletes who never made the NBA — Keith Skanya, Maurice Moore — who became great fathers, businesspeople, and coaches. Former players reach out every Father's Day and birthday. His wife calls it a blessing and a curse. 26:50  —  Are Kids Different Today? The Frank Martin Quote           Dwayne raises Frank Martin's famous quote: "Kids haven't changed. It's the adults who changed." Vonn responds directly — and talks about parents who stopped holding kids accountable. 29:10  —  Power in Sports Today: NIL, Money & the Transfer Portal           Vonn breaks down who has power in college sports now. The Power Four schools are back in control. Mid-majors used to compete by developing overlooked talent — that edge is gone. The best players follow the money. 31:10  —  How Do You Motivate an Athlete Who's Already Getting Paid?          Vonn Dwayne and Rudy unpack the coaching challenge of NIL — when you can't bench a paid player without hurting your own team, accountability gets complicated. "That's part of the reason coaches have gotten out of the game." 34:16  —  Preview of Part II & Closing           Dwayne closes Part I and teases what's coming: Taelin's story, the Stay Shaded Foundation, and what it really means to shift the power balance.   ABOUT OUR GUEST   Vonn Webb Coach | National Speaker | Founder, Stay Shaded Foundation   Vonn Webb is a 1981 graduate of Junction City High School and a former Division I Men's Basketball Coach with over 30 years in education and athletics. As a high school head coach at Washington Union High School in Fresno, California, he compiled an 85% winning percentage, two CIF state championships, and never lost a league game — while developing NBA players including Chris Jeffries (Toronto/Chicago) and Deshaun Stevenson. He later served as an assistant coach at Wyoming, UC Riverside, and Fresno State, and co-directed Jalen Green's Elite AAU program alongside some of the NBA's brightest stars.   After losing his son Taelin to a fentanyl overdose on May 10, 2022, Vonn founded the Stay Shaded Foundation — a registered 501(c)(3) nonprofit dedicated to raising awareness and providing education, resources, and support to families navigating the fentanyl crisis. (Part II of this conversation will go deeper into Taelin's story and Vonn's mission.)   ●      🔗  LinkedIn:  linkedin.com/in/vonn-webb ●      ❤️  Stay Shaded Foundation:  www.stayshaded.org   YOUR HOST & CO-HOST   Dwayne Smith National Speaker | Leading Legal Authority | Host, Shifting the Power Balance Dwayne Smith is a nationally recognized speaker and employment law attorney specializing in workplace investigations, harassment, discrimination, retaliation, and professional misconduct.    Rudy Davis CEO, Stella Vista Consulting | Co-Host, Shifting the Power Balance  Rudy Davis is the CEO of Stella Vista Consulting, a seasoned business development executive in Telecommunications. 🔗  LinkedIn:  linkedin.com/in/rudy-davis-6a5baa7   RESOURCES & LINKS  ●      🎙️  Podcast:  www.shiftingthepowerbalance.com ●      ❤️  Stay Shaded Foundation:  www.stayshaded.org ●      🔗  Vonn Webb on LinkedIn:  linkedin.com/in/vonn-webb ●      🔗  Rudy Davis on LinkedIn:  linkedin.com/in/rudy-davis-6a5baa7 ●      ⚖️  WP Law Solutions KC:  www.wplawsolutionskc.com The podcast episode description was created with the assistance of AI.  This podcast is for informational and entertainment purposes and does not constitute an attorney-client relationship or legal advice.  The views expressed by guests don't necessarily reflect those of the host(s).

    More Than A Coach Part I - Vonn Webb

  5. Jul 6

    Advocating with Compassion - Kim Benjamin - Attorney/Entrepreneur

    Episode OverviewIn Episode 11 of Shifting the Power Balance, host Dwayne Smith and co-host Rudy Davis sit down with Kimberly J. Benjamin — founder and managing attorney of Benjamin Law Firm, LLC, one of Missouri's most respected criminal defense and DUI attorneys. Kim brings more than two decades of trial experience, a faculty role at the Trial Lawyers College (TLC), and a reputation for fiercely compassionate advocacy. This conversation explores her path from government service to founding her own firm, what drives her in the courtroom, and how she shifts the power balance for clients facing the criminal justice system. Timestamped Show Notes - with AI assistance. Note: Timestamps are approximate   Opening  (0:00 – 5:00) 0:00   Cold Open   0:30   Disclaimer  —  "The content of this podcast is for informational purposes only and does not constitute legal advice or create an attorney-client relationship." 1:30   Show Overview  —  Dwayne frames the central theme of the episode: what it means to advocate with both power and compassion in the criminal justice system.  Guest Introduction  (5:00 – 9:00) 5:00   Welcoming Kim Benjamin  —  Dwayne introduces Kim Benjamin — founder of Benjamin Law Firm, LLC, criminal defense attorney, DUI law expert, and national speaker. 6:00   Kim in Her Own Words  —  Kim shares a brief personal introduction and what drew her to the law. 7:30   The Title 'Advocating with Compassion'  —  Discussion of why compassion is not a weakness in the courtroom — and why Kim believes it is her greatest strength as a trial lawyer.   Life & Career Background  (9:00 – 18:00) 9:00   University of Missouri & Early Interests  —  Kim reflects on her dual-degree path in Political Science and Speech Communication/Psychology and how those disciplines shaped her approach to persuasion and advocacy. 11:00   George Washington University Law School  —  Kim discusses her decision to attend GWU Law in Washington, D.C. and what the experience taught her about legal rigor. 13:00   Life in Washington — Pentagon & FCC  —  Kim recounts her early post-law-school years working at the Department of Defense and the Federal Communications Commission and what she learned from operating within large government institutions. 15:30   The Turn to Criminal Defense  —  A pivotal moment: Kim explains what drew her away from government work toward criminal defense — and specifically the Missouri State Public Defender's office. 17:00   Rising to District Defender  —  Six years in the public defender system, rising to District Defender. Kim reflects on the pressure, volume, and human weight of that work.  Founding Benjamin Law Firm  (18:00 – 26:00) 18:00   The Decision to Launch  —  Kim talks about founding Benjamin Law Firm, LLC in 2002 — what inspired it, what scared her, and what gave her confidence to take the leap. 20:00   Building a Practice from the Ground Up — The early years: client development, reputation-building, and establishing herself as a go-to DUI and criminal defense attorney in Missouri. 22:00   Rudy's Questions — Entrepreneurship Lessons  —  Co-host Rudy Davis asks Kim about the business side of running a law firm and the lessons she learned as an attorney-entrepreneur. 24:00   Becoming a National Voice  —  Kim discusses her work with the Trial Lawyers College (TLC) and the NCDD and how teaching trial advocacy nationally changed her own practice. Compassionate Advocacy in Practice  (26:00 – 35:00) 26:00   What Compassionate Advocacy Actually Looks Like  —  Kim breaks down how she prepares for and connects with clients who are facing some of the worst moments of their lives. 28:00   The Courtroom as Power Arena  —  Kim on why she loves trials — and why she believes the courtroom is precisely where the power balance can be shifted for the client. 30:00   DUI Law & Science  —  A deep dive into Kim's specialty: the intersection of DUI law and forensic science, and why understanding the science gives her clients a better chance. 32:00   Missouri Ethics Commission  —  Kim discusses her Governor-appointed role on the Missouri Ethics Commission and what public service means to her beyond the courtroom. 34:00   Rudy's Follow-Up — Client Empowerment  —  Rudy asks Kim how she ensures clients understand what is happening in their own cases — and how she gives them a voice in the process. Shifting the Power Balance  (35:00 – 40:36) 35:00   What 'Shifting the Power Balance' Means to Kim  —  Kim reflects on the podcast's title and how it defines her entire philosophy as a defense attorney: being the equalizer for people who feel powerless against the system. 37:00   Advice for the Next Generation of Advocates  —  Kim shares what she tells young lawyers and law students about how to build a career that combines professional excellence with genuine human care. 38:30   The Power Question  —  Dwayne asks the deep closing question: What does it take — not just professionally, but personally — to truly shift the power balance for someone? 39:30   Kim's Answer  —  Kim's closing response on advocacy, courage, and the responsibility every attorney carries for the clients they represent. Sources: Shifting the Power Balance PodcastKim Benjamin – LinkedInBenjamin Law Firm / DWI Criminal Law Center This podcast is for informational and entertainment purposes and does not constitute an attorney-client relationship or legal advice.  The views expressed by guests don't necessarily reflect those of the host(s).

    Advocating with Compassion - Kim Benjamin - Attorney/Entrepreneur

  6. Jun 18

    The Power of Connection - A Conversation with Kim McGownd

    Episode 10  —  The Power of Connection Guest: Kim McGownd  |  Consultant & Connector, KDM Partner Solutions LLC Runtime: 26 minutes 49 seconds   EPISODE DESCRIPTION What does it really mean to be a connector — and how can the right introduction at the right moment change everything? In this episode of Shifting the Power Balance, host Dwayne Smith sits down with Kim McGownd, Founding Partner of KDM Partner Solutions LLC and one of Kansas City's most strategically generous connectors. Kim takes us from the discipline of competitive gymnastics in small-town Missouri, to pioneering the natural pet food industry, to pressing 'reset' at 40 and building a firm rooted in trust, intentionality, and the quiet power of relationship. Kim and Dwayne explore the critical difference between networking and genuine connection, why stagnation is often a signal rather than a dead end, how power dynamics show up inside organizations, and what it takes to shift them. Kim's philosophy is simple but rare: the right person, at the right time, for the right problem changes everything. And she's built a career proving it. Whether you're an entrepreneur, a leader navigating organizational culture, or someone who knows it's time to make a bold move, this conversation will challenge you to stop collecting contacts and start building connections that actually move the needle.   EPISODE TIMESTAMPS  | TIME | TOPIC | 00:00 | Introduction — Meet Kim McGownd and KDM Partner Solutions | 02:57 | The Power of Connection vs. Networking: What's the Real Difference? | 05:54 | Lessons from Competitive Gymnastics: Discipline, Resilience, and Grit | 09:02 | Pioneering the Natural Pet Food Industry — A Woman Ahead of Her Time | 12:08 | The Impact of Personal Choices on Health, Mindset, and Business | 15:03 | Pressing Reset at 40: The Career Move That Changed Everything | 17:58 | Understanding Stagnation — How to Recognize It and Find Direction | 21:08 | Navigating Power Dynamics Inside Organizations | 23:56 | The Art of the Meaningful Introduction | 26:30 | Shifting the Power Balance: Final Reflections and Challenge to the Listener   KEY TAKEAWAYS •       Authentic connection and strategic networking are fundamentally different — one is transactional, the other is transformational. •       The discipline and mental toughness learned in competitive athletics translate directly into business resilience and leadership. •       Pioneering a market requires both conviction and the willingness to educate — Kim built consumer demand for natural pet food before the mainstream caught on. •       Pressing 'reset' at 40 was not a setback — it was the best business decision Kim ever made, and it gave birth to KDM Partner Solutions. •       Stagnation is a signal, not a sentence. Learning to recognize when you're stuck — and why — is the first step to moving forward. •       Power dynamics are present in every organization. Those who understand them can navigate, influence, and ultimately shift them. •       A great introduction is not just a referral — it's a curated, intentional act of trust that can change the trajectory of someone's business or career. •       Women are expanding their presence in leadership, but the work of building authentic confidence and self-advocacy never stops. •       Building relationships rooted in trust over transactions is a long game — and it's the only game worth playing.   NOTABLE QUOTES  | “Connecting the right people at the right time.” — Kim McGownd | “Networking is a tool to find opportunity — connection is how you build something that lasts.” — Kim McGownd | “Women are widening the gap in leadership — and the work is far from finished.” — Kim McGownd  ABOUT THE GUEST Kim McGownd  —  Consultant & Connector, KDM Partner Solutions LLC Kim McGownd is the Founding Partner of KDM Partner Solutions LLC, a Kansas City-based strategic intermediary firm built on one powerful premise: the right person, at the right time, for the right problem changes everything. A competitive gymnast turned natural pet food pioneer turned connector-in-chief, Kim pressed 'reset' at 40 and built a practice rooted in trust-anchored relationships. She operates across a vetted network of 25+ partner organizations spanning cybersecurity, wealth management, regulatory compliance, legal services, and operations strategy. Kim is also a PGA HOPE Kansas City, MO Chapter Ambassador.   CONNECT WITH KIM MCGOWND LinkedIn: https://www.linkedin.com/in/kmcgownd/  —  Connect with Kim on LinkedIn Website: https://kdmpartnersolutions.com/  —  KDM Partner Solutions LLC — Official Site KDM About: https://kdmpartnersolutions.com/about  —  Learn more about Kim and KDM's approach   ABOUT THE PODCAST Shifting the Power Balance is hosted by Dwayne Smith, National Speaker, Leading Legal Authority, and workplace investigations expert. Each episode explores how individuals and organizations navigate, influence, and ultimately shift the power balance in business, the workplace, and beyond. Podcasters Note - The contents in this podcast should not be construed as legal advice. This podcast is for entertainment purposes only.  This podcast is for informational and entertainment purposes and does not constitute an attorney-client relationship or legal advice.  The views expressed by guests don't necessarily reflect those of the host(s).

    The Power of Connection - A Conversation with Kim McGownd

  7. Jun 9

    Building a Business from the Ground Up - Anoop Goyal

    Summary   In this episode, Dwayne Smith and Rudy Davis speak with Anoop Goyal. Goyal shares his journey from an engineer with patents to an entrepreneur, highlighting the creation of Network Counts, a digital business card app.  Discover how his experiences in Kansas City shaped his approach to innovation, networking, and building a startup from the ground up. Chapters   00:00 From Engineer to Entrepreneur: An Unconventional Journey 07:12 The Birth of Network Counts: Identifying a Need 12:11 Overcoming Obstacles: Trust and Growth in Entrepreneurship 14:54 Future Aspirations: Scaling Network Counts Globally    Resources   Network Counts App - https://apps.apple.com/us/app/network-counts/id6448527922 Anoop Goyal on LinkedIn - https://www.linkedin.com/in/anoopgoyal This podcast is for informational and entertainment purposes and does not constitute an attorney-client relationship or legal advice.  The views expressed by guests don't necessarily reflect those of the host(s).

    Building a Business from the Ground Up - Anoop Goyal

  8. May 14

    KSU - Jerome Tang Update

    In this follow-up episode, co-host Rudy Davis and attorney/host Dwayne Smith break down the legal landscape since Jerome Tang's for-cause firing from Kansas State. Topics include Tang's return to Baylor and how it affects his damages claim, the duty-to-mitigate argument, the comparator coaches, K-State's strongest and weakest arguments, the settlement dynamics, and key takeaways for HR professionals and high-profile employees. Timestamps: 0:30 – Introduction & episode overview 1:33 – Jerome Tang lands at Baylor: what happened after the firing 2:46 – The for-cause firing explained 3:16 – Tang's legal team and the threat of a lawsuit 3:52 – How Tang's new job affects his legal case 4:22 – Duty to mitigate damages: the financial math 5:44 – What Tang could allege against K-State 6:19 – The comparator coach: a two-week suspension for worse conduct 7:59 – The football coach comparator (Chris Kleiman) 9:03 – Contract consistency and the disparate treatment argument 9:39 – K-State's defense: the unilateral authority argument 11:36 – K-State's weakest argument 12:22 – What K-State should have done differently 12:56 – Timeline to resolution — and what happens if they can't settle 13:33 – The potential hammer letter and what it signals 14:40 – The bigger picture: NIL and institutional power 15:12 – Who has the power right now 16:59 – Takeaway for HR professionals and executives 17:30 – Closing This podcast is for informational and entertainment purposes and does not constitute an attorney-client relationship or legal advice.  The views expressed by guests don't necessarily reflect those of the host(s).

    KSU - Jerome Tang Update
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About

Shifting the Power Balance is a workplace law and HR strategy podcast hosted by Dwayne Smith, a leading legal authority and experienced workplace attorney focused on navigating workplace conflict, reducing risk, and strengthening employee-employer relationships. Created for business owners, C-suite executives, entrepreneurs, HR directors, and organizational thought leaders, this podcast addresses workplace harassment, HR violations, power dynamics, employee handbooks, and the real-world decisions that trigger legal exposure. Each episode delivers practical guidance on: Navigating workplace investigations and harassment claimsManaging employee relations before they escalateCreating legally sound employee handbooksUnderstanding power imbalances that lead to conflictReducing liability, insurance claims, and compliance riskCreating productive and successful organizations by making each employee feel valuableClear insight. Real examples. Actionable leadership strategies for modern workplaces.

Information

  • Creator
    Dwayne Smith
  • Years Active
    2026
  • Episodes
    15
  • Rating
    Clean
  • Copyright
    © 2026 Shifting The Power Balance
  • Show Website
    Shifting The Power Balance