Litigation Radio

Bullying is a real problem in the legal profession impacting recruitment, retention, and even driving lawyers out of the field. Guests Stephanie Scharf and Bobbi Liebenberg, through The Red Bee Group consulting firm, co-authored a report commissioned by the Illinois Supreme Court Commission on Professionalism titled “Bullying in the Legal Profession: A Study of Illinois Lawyers’ Experiences and Recommendations for Change.” We’ve heard anecdotes about bullying in the legal profession, but while anecdotes get some attention or raise eyebrows, they don’t drive change. That takes data. The study produced by Liebenberg and Scharf produced a mountain of compelling data through a survey of more than 6,000 Illinois attorneys. The shocking result: One in four lawyers surveyed reporting bullying. Numbers don’t lie, bullying in the legal profession happens. A lot. Bullying is more than incivility and rudeness. It involves power imbalances, intimidation, humiliation, and control. Sometimes it’s even physical. The study delivers a deep dive into a problem that has received little to no formal examination. Bullying impacts every field and lawyer in the profession, but it’s especially problematic for younger lawyers, women, people with disabilities, and people of color. It’s not “just hazing” and it can no longer be tolerated. This episode will have people talking. Resources: Illinois Supreme Court Commission on Professionalism “Bullying in the Legal Profession: A Study of Illinois Lawyers’ Experiences and Recommendations for Change” by Bobbi Liebenberg and Stephanie Scharf “Her Story: Lessons in Success From Lawyers Who Live It” by Teresa M Beck, Shayna Michele Steinfeld, and Jacqueline Mecchella Bushwack “Her Story: The Resilient Woman Lawyer's Guide to Conquering Obstacles, Book 2,” edited by Teresa M Beck, Alicia M Menendez, and Shayna Michele Steinfeld Previously on the Legal Talk Network, Bobbi Liebenberg and Stephanie Scharf on Lawyer 2 Lawyer, “A Study Into Women Leaving the Law” American Bar Association American Bar Association Litigation Section

Civility. There seems to be a lack of it these days. But being civil, developing relationships, and settling differences professionally is especially important in the legal profession. Guests Sonja Arndt-Johnson and Jeanne Huey have studied and written about the line between vigorous representation and civility.  Civility in the profession starts with courtesy and politeness, but it’s more than that. It’s about ethical behavior and polite, professional interactions not only with opposing counsel, but with everyone in the courthouse, from clerks to judges. Civility makes the legal system work. But what happens when an attorney steps outside the lines and acts in an uncivil manner? In many cases, civility isn’t just a nice idea, there are rules—both in the courts and through the American Bar Association and state bars—that govern professional behavior and that require attorneys to act with honesty, integrity, and civility.  The law is a stressful profession, and it’s vital we keep our heads and remain civil. Harassing behavior and lashing out are never acceptable (and in some cases extreme conduct can result in fines and other disciplinary action). Listen now to learn more about keeping your cool to get ahead.  Resources: “Rule 3.4: Fairness to Opposing Party & Counsel,” American Bar Association “Civility Versus Zealous Advocacy: An Attorney’s Duty,” American Bar Association, by Sonja Arndt-Johnson “The Power of Three: Civility, Professionalism, and Zealous Advocacy,” American Bar Association, by Jeanne M. Huey” American Bar Association American Bar Association Litigation Section Chapters: 00:00 Topic Introduction 02:47 What Is Civility? 08:11 Disciplinary Rules for Acting Uncivilly 17:12 Continuance 31:15 Health & Wellness Tip

As the year winds down, it’s a good time to take stock of your life as both a person and a litigator. Are you going in the direction you want, are you shortchanging one aspect of your life to benefit another? Is it working for you? Guests Anne Marie Seibel and Paula Hinton are experienced and highly successful litigators who explain how they learned to balance family and careers, professional goals, and personal aims. There are times when one part of your life demands your full attention, and then there are times when it’s acceptable to say “no” to a request.  Learning to follow mentors, listen to colleagues, and balance family is an art. A big part of this is building your “board of directors,” people you trust to give you honest feedback, people you can lean on for both support and guidance.  Your life, professional and personal, is a marathon, not a sprint. Take a moment now and then to listen to yourself and your “team” to learn where you are, where you’re going, and what you want. Life throws a lot at you – sometimes things you can’t control, like the COVID pandemic – and each challenge can take control of your career and your life if you let it. Take charge of your life.  Resources: Previously on Litigation Radio, “Step by Step: How a Prominent Litigator Build Her High-Profile Career" American Bar Association American Bar Association Litigation Section

When is it time, and how do you know, to step back from your busy, often hectic, law practice and move on to a new chapter. And how do you prepare? Guests Charla Stevens and David Soley have both been highly successful attorneys in New England. Stevens moved on from her work at a law firm to establish a consulting firm, Charla Stevens Consulting. Soley continues to work at the firm Berstein Shur and is the author of the American Bar Association book “Transitioning to Happiness: Type A Lawyers and Retirement.” Soley says lawyers should start preparing now. Being a trial lawyer is a passion, but it’s important to regularly take stock and reflect on your situation. How do you feel? Are you still excited? What would you do if you were no longer a lawyer? It’s important to stay in touch with yourself and create a plan for your second act so that you’ll have an “escape hatch” when you realize it’s time to go. Don’t wait for the last minute. Stevens’ former firm even encouraged litigators to think ahead and understand how many hours they want to work. Hear how she learned to recognize the factors that nudged her to step away and engage in something new. The loss of empathy, stress even outside the workplace, headaches, and even lack of sleep can all be warning signs. We know good litigators are “Type A,” people. And our guests agree a rocking chair isn’t the answer for many of us. Hear how you can identify your other passions, outside the law, and pursue them. Make a list, make a plan, get excited. Consulting, writing, travel, sports, volunteering, teaching? They can offer a fulfilling way to engage and excel. There is life outside the courtroom. Resources: Coastal Maine Botanical Gardens Bernstein Shur website American Bar Association “Real Estate Litigation Handbook” by David Soley “Transitioning to Happiness: Type A Lawyers and Retirement,” by David Soley Charla Stevens Consulting website American Bar Association American Bar Association Litigation Section

Berkeley Research Group (BRG) is a Premier Sponsor of the ABA Litigation Section. On this Litigation Radio episode, we will hear from Jeffrey Klenk, Managing Director of BRG, about hiring economists as experts. The selection of the BRG as the subject of this interview should not be construed as an endorsement by the American Bar Association of BRG and its services. ----- More than 10,000 federal class action cases were filed last year, covering a range of areas including securities, antitrust, employment, and consumer protection. What do they have in common? They often rely on an economist’s expert analysis and testimony. So how early should you hire an economist to pick through the data?  Guest Jeffrey Klenk, a managing director with the consultant firm Berkeley Research Group (BRG), shares best practices for working with an economist expert witness.  Hear how an economist can help litigators, judges, and juries understand what matters in a case by dissecting transaction-level data, valuations, and the impact of outside influences you may not have considered. Here’s a spoiler: Klenk says it can be “fiendishly difficult” to not only understand the merits of a case but also the viability as a class action for both the defense and plaintiffs.  From analyzing a case’s potential before filing, to focusing depositions, and to courtroom testimony, an economist can be a litigator’s most valuable tool. When economists and attorneys work together, good things can happen.  Plus, a “quick tip” from Latosha M. Ellis of the firm Hunton Andrews Kurth on professional civility. You don’t have to agree with, or even like, everyone. But remember, what goes around comes around. Resources:  “Goldman Sachs Settles 2014 Class Action Lawsuit Tied To Metal Trades” “Court Rejects Antitrust Suit In Victory For Comcast”  Berkeley Research Group (BRG) “United States - Economist's Perspective (2023/2024): Class Actions – Litigation, Policy and Latest Developments” by Noureen Akber, Jeffrey Klenk, and Mike McDonald 2024 Professional Success Summit, American Bar Association  “About Section 337,” United States International Trade Commission American Bar Association American Bar Association Litigation Section