Litigation Radio Legal Talk Network

Burnout: It’s real and it can affect all of us. In this episode, Dave invites a panel of experts to tackle this important and potentially damaging syndrome as it affects attorneys who volunteer their time in a pro bono setting. The demands never seem to end, but volunteering is meant to “fill your cup,” not overflow it.  
A Bloomberg survey found burnout is a major problem, and it’s getting worse among attorneys. For the first time the survey found reports of attorney burnout exceeded 50%. Reports of wellbeing and job satisfaction are in decline too. But it’s not just in corporate practice, burnout affects those who want to volunteer. With so much need it’s easy to forget you’re only one person, and you can’t do it all. 
How can we get involved in pro bono work without burning out? It can start with being aware of the syndrome, adjusting our workflow to the right level, adopting “virtual” programs to balance time, sharing the load, and focusing on areas of passion. 
Learn to recognize the signs of burnout in the pro bono space and how you can help yourself, and others, deal with stress and feeling overwhelmed. And for all who volunteer their services to help others: Thank you.
Mentioned in this Episode:
Bloomberg Law, “How to Rethink and Encourage Attorney Well-Being in Firms”
World Health Organization, “Burn-out an occupational phenomenon: International Classification of Diseases”
American Bar Association
American Bar Association Litigation Section
Anne Geraghty Helms previous appearance on Litigation Radio, “The Need For Pro Bono”
Children’s Law Center Of Massachusetts
American Bar Association Children’s Rights Litigation Committee

What’s up at the U.S. Supreme Court, which has rocked the legal world with a conservative majority rolling back rights the rights of minorities, including 2023 rulings against affirmative action for college admissions and affirming the rights of business owners to deny service to LGBTQ patrons based on religious beliefs. 
Guest Stephen Vladeck is a professor of law, nationally recognized expert on constitutional law and the Supreme Court, and the author of the book “The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic.” 
The Supreme Court has been exposed in recent years as an institution unbound by checks and balances and appears unaccountable to anyone. The Court regularly shapes the American system of justice through a “shadow docket,” decisions and rules made apart from headline cases. 
Are we witnessing a crisis in the judicial branch? Is this a Court that can do what it wants when it wants? What happens to ethics, accountability, improprieties? 
Plus, tips about discovery and the potential pitfalls of third-party collaboration apps (such as Slack and Teams). Hear what rules apply, and which ones don’t.

Is your firm using Artificial Intelligence (AI)? Should it be? AI is expected to have a profound impact on the practice of law. Lawyers are already using AI in their practices to review documents and conduct research. Yet, as the technology emerges, there are ethical, privacy, and practical concerns.
Guest Richard Finkelman of the global consulting firm Berkeley Research Group (BRG) is an expert in AI applications in the legal profession. Finkelman is sees AI and machine learning already widely in use, specifically in e-discovery and document review. Four out of five legal firms surveyed by BRG employ AI in some capacity. This is the stuff of today, not the future.
AI can already determine if a document is subject to privilege, pinpoint which documents need review, and even scan expert testimony (yours and theirs) for red flags. This speeds workflow, improves accuracy, and protects against potentially sensitive errors. Never again worry about accidentally turning over a privileged document or intellectual property? That sounds nice, but there are risks.
Hear how you can incorporate AI tech into your practice, provide disclosures at the start of a case, check for accuracy, and avoid boxing yourself in with pre-trial agreements without knowing what’s coming next in the field. Learn this stuff before your next case.
Mentioned in this Episode:
ChatGPT
Google Bard
American Bar Association
American Bar Association Litigation Section
“Artificial Intelligence and Machine Learning Report,” by Richard Finkelman at BRG

This is a tough episode because this could be any of us. Guest Jason Ward is a retired, highly successful lawyer. But behind his growing firm, substance abuse took hold even as Ward maintained the veneer of health and professionalism.
Ward put constant stress on himself that morphed into mental wellbeing and substance abuse issues. He came to realize his drinking was taking over, not just on vacations, but also at home.
At its peak, substance abuse damaged both Ward’s family and professional relationships. When he quit drinking, he found his behavior had altered and he moved on to THC to cope. Ultimately, he was forced to take full control of his own mental health, retire from the culture of legal litigation, and seek professional help. Today, Ward is sober. His is a success story. 
This is a brutally honest discussion, but it’s one we need to have. As you devote yourself to your clients and practice, are you paying attention to your own health and habits? It’s easy to lose sight when you are focusing on your practice. The business of law can deliver its own form of PTSD, post-traumatic stress disorder. Please be good to yourself. Help is available.
Mentioned in this Episode:
National Center on Substance Abuse and Child Welfare, U.S. Department of Health and Human Services
Substance Abuse Assistance, Government of Canada
“Resolving Grave Disputes - The Law Of Dead Bodies In Ontario,” By Jason Ward
Mental Health Awareness, American Bar Association
Well-Being Programs, Canadian Bar Association
American Bar Association
American Bar Association Litigation Section

The ABA Litigation Section’s Women in Litigation Joint CLE Conference is coming to San Diego November 1-3. If you’ve never attended—you are missing out. The conference focuses on women litigators and judges and helps women develop relationships, find mentors, learn from others, and share experiences in a welcoming and insightful environment. You will find like-minded women and guidance, learn how to create valuable business relationships and friendships, hear how others have created their own brand, and learn to balance work and life.
Guests Amy Stewart and Heather White are highly successful litigators who have made their own way as women and as attorneys. They’ve learned the value of authenticity, real friendships, asking for help when they need it, and offering a hand when it’s needed. Believe it or not, who you know is as important as what you know. Relationships and reputations are part of the practice of law—they drive your career forward.
Also in this episode, guest M.C. Sungaila, one of the conference organizers, provides highlights from the conference and what you can look forward to!
Mentioned in this Episode:
ABA, Women In Litigation Joint CLE Conference
ABA Corporate Counsel
ABA DEI: Diversity, Equity, and Inclusion 
American Bar Association
American Bar Association Litigation Section

Guest Melissa Felder Zappala is a litigator with the Washington, D.C., office of Paul, Weiss, Rifkind, Wharton & Garrison LLP. She has had tremendous success litigating high profile, tech-related, commercial cases and class action suits. She also has a profound hearing disability. 
In this episode, Melissa describes her experiences as a hearing-impaired law student and, later, as a litigator. Are you prepared as a litigator to work with counsel with unique needs? Being aware of our differences, along with disclosure and clear communication, are key when working with those with hearing loss. Being clear, concise, and direct can go a long way. Learn how technology, reasonable accommodation, understanding, and collaboration can ensure a level playing field for everyone.
Mentioned in this Episode:
“Melissa Felder Zappala Publishes Essay on Coming to Terms With Being Deaf in Big Law in ABA’s Litigation Journal,” by Melissa Felder Zappala
American Bar Association
American Bar Association Litigation Section