Litigation Radio

Litigators are used to being in front of a jury. But have you ever wondered what it’s like to be a member of that jury? What are jurors watching? What do they notice? Guest Chauntis Jenkins-Floyd, an experienced litigator, recently served on a jury. And what she learned as a juror is eye opening.  Like most of us, Jenkins-Floyd has been summoned for jury duty and dismissed each time. But this time was different. In this episode, she describes her experiences in the selection process, intake, and deliberation.  Jenkins-Floyd took it all in. She learned about the jobs and childcare pressures jurors have. She saw what happens in the jury room. “All of my senses were tingling. As a trial lawyer, I never get to see this part,” she explains. What she learned will change how you present your next case.  Hear how important your moves are to a jury, starting the moment you enter the courtroom. Eye contact, body language, and even where people sit. Everything matters. How prepared and confident do you look? How friendly and comfortable are you with your client? Jenkins-Floyd explains what jurors are watching. How you ask questions, starting with voir dire, sets up jurors and helps them subconsciously put themselves in your client’s shoes, even without saying it. Jurors watch and see everything you do. Get an inside peek. Resources: American Bar Association American Bar Association Litigation Section

Meet Teresa Beck and Claire Gibson, two successful and experienced litigators who are deeply involved in the ABA Litigation Section’s Woman Advocate Committee and its two books featuring essays from women in the legal profession: “Her Story: Lessons in Success from Lawyers Who Live It” (2017) and the recent follow-up “Her Story: The Resilient Woman Lawyer’s Guide to Conquering Obstacles” (2024). The new book addresses the challenges women face in the legal profession and the things organizations and firms do, often unintentionally, that make it harder for women in law, all told through personal stories of struggles and successes. Beck and Gibson, both committed to diversity, equity, inclusion, and belonging, discuss these collections of stories that tap into the experiences of litigators in a range of practice groups, from corporate to government positions. These are situations that arise everywhere, from the courtroom to the boardroom to the lunchroom. Why do women in law still face so many challenges and obstacles? It’s nice to imagine gender disparity is a relic of the past, but the statistics tell a different story. There is work for all of us to do, not only toward gender equality but also in racial and ethnic disparities in the legal profession. The stories in these books examine situations that exist, even in organizations that believe they have erased barriers. Fixing the problems starts with acknowledging that they persist. Everyone can learn from this discussion. Resources: Women Advocate Committee American Bar Association “Her Story: Lessons In Success For Lawyers Who Live It”  “Her Story: The Resilient Woman Lawyer's Guide To Conquering Obstacles, Book 2”  K. Brooke Welch Jessica Blaemire Michal Rogson Steven Velkei Dunlap, Bennett & Ludwig Klinedinst Attorneys American Bar Association American Bar Association Litigation Section

We return to our series profiling leading litigators and business builders with guest Paula Hinton, a litigation partner and executive committee member with international firm Winston & Strawn. She’s held numerous leadership positions, is recognized across the profession, and handles a variety of complex cases. And she did it her way. “It starts with taking people out to breakfast!” Growing up the daughter of a respected small-town attorney in Alabama, Hinton jokes that she was “Scout” to a real-life Atticus Finch of the novel To Kill a Mockingbird. Hinton learned at a young age the trust clients place in their attorneys and the duty attorneys have to serve clients and the community, in and out of the courthouse. Hinton’s path took her from a small town to big city firms with international clients. Entering an area of the law that at the time featured few women, Hinton made her own way, walking into senior attorneys’ offices and volunteering for the toughest cases. In an era before the phrase “work/life balance,” she learned to manage the demands of high stakes law in balance with her personal life. Throughout, Hinton strove to raise her profile, develop a strong reputation, and build and sustain business relationships through involvement in nonprofit and association work and by making herself available to senior firm members for complex cases. “Don’t wait for them to find you, you go find them,” she says. Hear first-hand Hinton’s tips for building a high-profile career in litigation, leveraging both corporate and American Bar Association relationships, and building on each previous step. Resources: American Bar Association American Bar Association Litigation Section

Round Table Group is a Premier Sponsor of the ABA Litigation Section. On this Litigation Radio episode, we will hear from Russ Rosenzweig, CEO of Round Table Group, about using third parties in expert searches. The selection of the Round Table Group as the subject of this interview should not be construed as an endorsement by the American Bar Association of the Round Table Group and its services. ______________________________________________________ When representing clients with complex issues, there are times when you need an expert witness. A real expert. Someone who will help you dissect, understand, and present key elements to jurors or judges in a way they can understand. Enter Round Table Group, “the experts on experts.” Guest Russ Rosenzweig is CEO and co-founder of a firm that specializes in identifying, enlisting, and providing expert witnesses and consultants across virtually every possible topic with tens of thousands of affiliated leaders in their field. Hear how litigators find and hire an expert, no matter the niche. Remember that scene in “My Cousin Vinny” when Joe Pesci puts his girlfriend, Marisa Tomei, on the stand as a brilliant expert. It doesn’t happen like that. And they don’t teach this in law school. Learn about the search process, search and hire billing rates, and expert fee negotiations. Many lawyers don’t know where to start. They may be missing the best of the best, or they can waste time trying to find the right expert. Many Round Table Group staffers themselves are lawyers, engineers, and experts. They know how to read a patent or dissect evidence to find the exact right expert to help attorneys prove their point and win their case. Learn how a team of professionals can help you identify your needs, craft the right angle, and dial in to the expert who can push your case across the line. Resources: Aminer.org Experts.com Google Scholar PubMed New York Times, “More And More, Expert Witnesses Make The Difference” Daubert Standard, Cornell University American Bar Association American Bar Association Litigation Section

Guest Kathryn “Katie” DeBord leads product development strategy at the global firm DISCO in technological, cloud-based solutions for lawyers and law firms. Tech, from the earliest stages of every case, is no longer an option. Everything from eDiscovery – sifting through oceans of data – to analyzing witness statements to adjusting trial strategy on the fly involves today’s ever-evolving technologies.  Are you keeping up? It’s hard to know with so many services bursting onto the scene. Hear how DeBord scans the landscape to track what’s new, what works, and what’s still in the pipeline.  You’ve come a long way from the LexisNexis and Westlaw you met in law school. Entire suites of tech platforms, all the way up to generative AI, are on the market and getting better. If your opponent is using the latest, and you’re not … well, that’s not good. Autogenerate timelines, upload and organize evidence, and sift through data as today’s tools accelerate your case and reveal hidden connections. Tech won’t replace your creativity and skill as an attorney, but it can help you work smarter, more efficiently, and achieve better results.  (Plus, did you know the CIA has a secret museum of gadgets created by the agency’s Directorate of Science and Technology? And no, you can’t visit it without secret clearance). Resources: Kathyrn “Katie” DeBord’s previous appearances on the Legal Talk Network include:  “Legal Innovation: Imagining Creative Solutions for Clients”  “Evolve Law: The Future and Direction of Legal Technology”  “Evolve Law: Client Driven Technology Solutions”  LexisNexis Westlaw American Bar Association American Bar Association Litigation Section