On March 23, 2020, I launched what I thought would be a three or four-week project. A daily podcast, called In Seclusion, asking legal professionals how they were dealing with the changes resulting from working from home during a pandemic. My fifteen to twenty-episodes ballooned into 60+ episodes. Lawyers, law librarians, law students, law professors, courthouse personnel, marketing, and many more legal professionals shared their stories with us. We’ve heard how they’ve adapted, what were the good and bad things about working from home, and what permanent changes were going to happen in the legal industry. It’s been a lot of fun, and very informative for me discussing these issues with so many people. There are a lot more stories to be gathered, but, to paraphrase Jerry Seinfeld, “you should always leave ’em wanting more.”

June 28th will be the last episode. And if I counted correctly, that means there will be 68 episodes total. (I took Good Friday and Memorial Day off.)

With the slow reopening of offices, plus the added issues of unemployment, and of course the biggest issue we always seem to face, racism, I wanted to get back to the longer form format of The Geek in Review. Plus, I have a day job.

So enjoy the last ten episodes that are coming out between now and June 28th. If you have a suggestion on who would be a good guest or what would be a good topic. Let me know.

In the meantime, here are last week’s episodes from a diverse group of people, sharing diverse ideas on how we need to treat ourselves and others as we go forward.


Monday, June 8th – We Have to Learn and Do at the Same Time – Celeste Smith

Celeste Smith, the Director of Education for the American Association of Law Libraries (AALL), works on finding educational opportunities for those of us who consider ourselves life-long learners. While we are in an industry of very intelligent people, the current situation has taught us that we can not be tied to what we think we know based on our own history and experiences. She notes that just as we did when our physical workspaces closed, we do not have the luxury of taking our time to craft long-term strategies before we need to take action. We have to learn and do all at the same time.


Tuesday, June 9th – And We Haven’t Missed a Beat – Cornell Winston

For Cornell H. Winston, Law Librarian at United States Attorney’s Office in Southern California, there have been a number of small and large changes affecting his law library and records departments. While he is generally an optimist, he knows that change will happen. People who were never allowed to work from home will not accept that limitation any longer. Workers who once made hours-long commutes to and from work haven’t missed a beat while working from home. They will not be coming back to work the way they did pre-COVID. And while Cornell may have not experienced a global pandemic before, he is familiar with economic and racial unrest. But as he says, when you see it, you learn how to ride it.


Wednesday, June 10th – We Need to Acknowledge What’s Going On And Be Present – Alycia Sutor

Alycia Sutor, Managing Director at GrowthPlay, coaches lawyers, law firms, and other legal organizations on the need to get out of their comfort zones, and quickly embrace the changes as a new way of being. Those are just not skills that many in the legal industry are used to using. But those who find ways of quickly deploying these skills will be the ones who recover the fastest. For your colleagues who are struggling right now, especially with the issues of racial discrimination, she notes that it is important for you to acknowledge what is going on, be present, and be silent and listen.


Thursday, June 11th – Will We Be The Same People When We Go Back? – Mike Whelan

Mike Whelan, author of “Lawyer Forward: Finding Your Place in the Future of Law” is a lawyer, author, legal innovator, and recently an Above the Law podcast host. As we begin to make our way back to our respective office or identify our more permanent workplaces, will we go back to the old habits and schedules, or will we take what we’ve learned over the past few months and apply it to create a new model of working going forward?


Friday, June 12th – Give People the Space to Step Back – Casandra Laskowski

Casandra Laskowski Technology & Research Services Librarian at Duke Law School has the responsibility of assisting law school students, staff, and faculty through some of the teaching and technology challenges of a remote classroom. In addition, she also chairs the Diversity and Inclusion Committee of the American Association of Law Libraries. With the murder of George Floyd and the civil unrest to protest Police brutality and systemic racism, Cas says that people need the space to step back, access their personal situation, and to have time to think, speak, and hopefully heal.

I had a chance to talk with a number of people for the In Seclusion Podcast recently who have been holding down the fort, in one way or another, to make sure the wheels of Justice and the economy keep turning. Some of us had to look out for those still caught in the justice system. Some remained in the office to make sure others didn’t need to. Some of us found new ways to provide training and professional development processes. Some of us leveraged the crisis to try new experiments. And some of us made sure that the stories of those struggling are heard.

Monday June 1 – Now’s the Perfect Time To Experiment – Maya Markovich

Maya Markovich, Chief Growth Officer at Nextlaw Labs, thinks that the current environment within the legal industry is the perfect time to rethink the old ways of doing things. The time is ripe to try new processes as well as experiment in ways that we might not normally try because we have somewhat of a safety net to try and fail with less judgment. For those with an entrepreneurial mindset, this might be the opportunity you’ve been waiting for to put your ideas into action.


Tuesday, June 2 – Those Who Kept Our Offices Running – Clare Hart, CEO Williams Lea

Not all of us left the office back in March. Many of our office services staff remained to make sure that the workplaces most of us left behind, were still operational and ready for when we make our way back to a physical office. Clare Hart, CEO of Williams Lea, provided many of the people who were designated the essential employees who kept the lights on in our offices these past few months. I asked her to talk with me about how she worked with her clients to make that happen, all while keeping everyone safe.


Wednesday, June 3 – Will COVID-19 Be the Great Equalizer for the Legal Industry? – Vivia Chen

Vivia Chen is Senior Columnist at ALM, and Chief Blogger for The Careerist. She talks with me about how the pandemic may finally be the impetus to break large law firms from their vanity. With the cultural and societal changes that will most likely come out of the pandemic, there will be no need for lavish law offices or high-end client events to impress those who no longer want to come to your offices or attend your events. There may be a balancing of the scales between competing law firms based more on the substance of the firms’ quality of service than in the quality of their coffee bar. We cover this as well as how women’s needs are handled as we begin reopening offices, and what the real metric of success will be for law firms in 2020.

Continue Reading Holding Down the Fort

We wanted to produce a special episode of The Geek in Review to discuss the tragedy surrounding the murder of George Floyd and the protests which are going on over the past ten days. While we focus our discussion on the legal industry, the issues are certainly not limited to lawyers and legal professionals. We’ve dedicated the entirety of the episode to this topic.

Just two months ago we had Bryan Parker on the podcast discussing the need to have a better return on investment when it came to legal talent. In the year 2020, two months feels like two years. With the changes resulting from the pandemic, the economy, and now the murder of George Floyd, we asked Bryan to come back and talk with us, and bring along his Legal Innovators business partner and one-time mentor, Jonathan Greenblatt.

In the recent article, What the Death of George Floyd Should Teach the Legal Industry, Bryan Parker (with help from Jon Greenblatt) lays out some internal and external steps that the legal industry can take to contribute to the conversation around race while maintaining a respect for everyone willing to have an honest conversation. There is an enormous amount of privilege and power within the legal community, and those traits should be used to drive real change.

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One of the first things that Parker and Greenblatt stress that we all must do is to check in on one another. As Bryan says in his article, “[f]or starters, your black colleagues and associates are not alright.” This type of interaction and communication shouldn’t be limited to the current new cycle. And, as the stress of the current environment sinks with everyone, there is a need to monitor the mental health of all of our colleagues.

We hope that this conversation leads to more conversations.

You can reach us anytime by tweeting us at @gebauerm or @glambert. Or, you can call The Geek in Review hotline at 713-487-7270 and leave us a message. You can email us at geekinreviewpodcast@gmail.com.

As always, the great music you hear on the podcast is from Jerry David DeCicca.

Transcript

[00:00:00] Marlene Gebauer: Welcome to a special episode of The Geek in Review. I’m Marlene Gebauer.

[00:00:10] Greg Lambert: And I’m Greg Lambert.

[00:00:11] Marlene Gebauer: We want to acknowledge the sadness we feel for the death of George Floyd and the treatment of protesters and the destruction of property in the wake of his death. There’s hurt and anger and sadness in our country, and also hope to improve what has been a lasting blight on this country. This has framed today’s episode.

[00:00:31] Greg Lambert: Brian Parker of Legal Innovators had recently been on the podcast, and he wrote an article along with his business partner, Jonathan Greenblatt, about the murder of George Floyd and what lessons the legal industry could learn from this tragic and brutal event. So Marlene had reached out to Brian and John to see if we could get them on the show, and we did.

[00:00:46] Marlene Gebauer: Words create worlds, and this episode reflects that. Conversation, legislation, representation. You will hear references to all of these as we sift through the ways to support Black colleagues during this turbulent time and beyond.

[00:01:03] Greg Lambert: So thank you all for taking the time to listen. Two short months ago, Marlene and I talked with Brian Parker about the need to better understand, recruit, and retain the talent within the legal industry. You know, since that time, the pandemic has continued. There’s been 40 million Americans or so that have lost their jobs. And of course, recently, the tragic murder of George Floyd and other significant issues that bring out the ugly truth about race in America back to the forefront.

[00:01:34] Marlene Gebauer: Brian, along with his Legal Innovators co-founder, Jonathan Greenblatt, penned an amazing but sobering article this week on the American Lawyers website entitled, What the Death of George Floyd Should Teach the Legal Industry. Brian and John join us here today to continue that conversation. Brian Parker, John Greenblatt, thank you for writing this article and for speaking with us today. It took a lot of courage to write that piece, and I hope the article has been getting a strong, positive response.

[00:01:57] Jonathan Greenblatt: to write that piece, and I hope the article has been getting a strong positive response.

[00:02:03] Bryan Parker: Yeah, well, we appreciate that. And you, obviously, Marlene, we thank you for forwarding it around and sharing it with some of your colleagues. I think you’ve certainly started that sharing pattern. And I think what John and I talked about, it’s amongst many other really good articles and thought pieces that are out there, has just sparked some good conversation, which is what John and I talk all the time. We think that’s the beginning of what could be the healing here.

[00:02:29] Marlene Gebauer: Before we get into the substance of the article and what lessons we should take away from the current situation, Brian and John, can you tell us a little bit about your relationship and how the two of you managed to lead a company from two different racial lenses?

[00:02:43] Bryan Parker: That’s all right. John, I’ll actually let you go for it. You want to take that one first.

[00:02:47] Jonathan Greenblatt: Sure. Well, the relationship started– so I had founded the Diversity Committee at Sherman and Sterling. My family is a mixed-race family. My wife is African-American. Our kids are biracial. And I’ve had a longstanding interest in diversity and co-founded. in about 1990, thereabouts, maybe it was the late ’80s, early ’90s, the diversity committee at Sherman and Sterling. A lot of the things I think we’ll probably talk about today come out of some observations that were made at that time that are as true today as they were then. But one of them is that all young lawyers need to be mentored. And they certainly benefit from it to the extent a senior person takes an interest in them and helps them learn and not make the mistakes that they made. And that’s probably even more true if you, for whatever reason, feel isolated in the firm or particularly different. And Brian was assigned to the litigation group. As a summer associate I was in the litigation group as a partner then and I started to mentor Brian and was impressed with him even then. Even more impressed when he came back to the firm he decided he wanted to be an M&A lawyer which meant he understood where the money was and so he left the litigation group and joined a group that where he developed some additional mentors. associate. I was in the litigation group as a partner then, and I started to mentor Brian and was impressed with him even then. Even more impressed when he came back to the firm, he decided he wanted to be an M&A lawyer, which meant he understood where the money was. And so he left the litigation group and joined a group where he developed some additional mentors. And we stayed in touch because Brian’s good about staying in touch throughout the time that he, after he left Sherman and went off to go into the first investment banking side, then the business side. Then he contacted me when he was running for the mayor of Oakland. And we caught up when I was in San Francisco on a case. We hadn’t seen one another for a while in person. It was great. I remember coming back and remarking to my wife how it reminded me how close Brian and I had been and how much we liked one another and how smart Brian was. And it also occurred to me that he was very good at raising money because he was able to pry the pen out of my hand to write a check for his campaign, knowing he had zero chance of winning.

[00:05:07] Bryan Parker: We got two donations out of him, though. Linda, too.

[00:05:12] Jonathan Greenblatt: But hoping he did as a good government candidate from the outside taking on the incumbent. And I had had the idea for Legal Innovators in my mind for quite a while. And, you know, I didn’t want to say it then. But when Brian didn’t get elected, I connected up with him and said, you know, you bring a skill set that I don’t have. You’ve run businesses. I have a vision. I have certain credibility in the legal industry. I understand the training, the mentoring and the professional side. But I have no ability to start a business and make a business be successful. And Brian had developed those skills. So I asked him whether he’d be interested in teaming up. And Brian can share with you why he made the ridiculous decision to do that. But but but he did. And, you know, this whole relationship has always been based on honest and open communication between us, because there’s a lot of respect and an understanding of what we each bring to the table and who’s better at what. And we defer to the other person on what that person is better at so that the team succeeds. So anyway, Brian, I’ll let you give the same, go through those facts from your perspective.

[00:06:24] Bryan Parker: No, I mean, look, I think that’s, you hit the stuff on the head and, I know, again, I’ll wait for the questions to unearth some of this. But I think when I sat down and was doing the article and we got to some of the solutions, and this was just a natural outgrowth of everything that John and I have said. I mean, not that there’s off time, right? We’re always talking about business, but sometimes we’ll put sports in there and politics and this and that. And when you get right down to it, this subject of race is a really uncomfortable one on all sides, both for white and for black people. And I think when we got to the other night kind of finalizing things, was, look, you gotta start with a conversation that’s real, that’s based on the type of respect that John talked about, and give permission to people on both sides to just speak their truth, whatever it is. And I think a lot of times, blacks in this country don’t feel hurt. I mean, that this is obvious from the protest, but whites on the other side may say everything from, I don’t know the language to use, to if I bring up a point that I’m thinking about, I get shut down, etc, etc. And so I think we’ve got to have room for what is a really ugly subject and being able to speak to it clearly. got to have room for what is a really ugly subject. And being able to speak, speak to it clearly, because I think unless we embrace it, it’s going to be hard to get beyond people say racism, there was a professor today that wrote up in the Times, I don’t know if you guys saw it. And she said, let’s call it what it is. There’s an anti-black problem in America. That’s a harsh reality. And that’s a harsh statement to, especially for many of us that feel we’re enlightened, progressive, whatever that means, to hold on to. But unless we can try to seek the truth to it, take our egos out of the conversations, and be able to speak truth to power, I’m not exactly sure how we progress. And that’s in any area of life, John, and I obviously are started with a legal profession, because that’s, that’s what we do for a living.

[00:08:26] Jonathan Greenblatt: Yeah, and we’re not going to solve the problems if there’s not honest discussion. And I’m concerned that people are afraid to have them. And we’ve got to create places where people can have a discussion and not be worried about whether what they say will be perceived wrongly or correctly, but that it’s then you don’t get past that point in the discussion, because then people retreat. And, you know, it’s so easy for people to say, this is a really hard subject. And since it doesn’t affect me, if I’m white, day in and day out, you know, why venture out there if I’m going to get hurt in some way by trying. So that’s not to, by the way, in any way blame the victim. I’m simply saying that we’ve got to find a way to be able to have discussions and break down the assumptions, the wrong assumptions that a lot of people, white people make about the facts and they end up saying things that they may not understand, come across a completely different way. But if you have a dialogue, and it’s my kids often in my wife who help me understand this, they educate me to why it is that something I might have been inclined to say comes across a particular way and why it’s insensitive. helped me understand this, they educate me to why it is that something I might have been inclined to say comes across a particular way and why it’s insensitive. And if you’re open to that kind of discussion, then you’ll change your behavior because many of us don’t want to hurt anyone else, but we all need to learn from one another. So Brian and I talk all the time about these subjects in that kind of way.

[00:10:05] Greg Lambert: Yeah, I imagine there’s a combination of anger and defensiveness that really kind of restricts some of the open conversation. So let’s dive in on this and see how it goes. So Brian, I want to get to the article, and I’m going to tell you that the line that you wrote that said, for starters, your black colleagues and associates are not all right. That really punched me in the gut on that one. And because obviously it’s true, but sometimes you got to state something that’s so obvious and say it out loud before you realize that and allow it to sink in. Can you talk about the mental strain that is affecting the black legal community right now?

[00:10:58] Bryan Parker: Yeah, and I’m not so sure, it’s just, so my comments, and you guys are the three legal geeks, right? So we’re talking about legal stuff. But one of my friends said it, sort of said it best, right? Like whether we’re a lawyer, doctor, politician, I’m a lawyer like John, like you guys. When we leave, actually, I was listening to an interview on Malcolm Jenkins. Malcolm Jenkins was speaking from the New Orleans Saints in response to some of the Drew Brees comments, right? And Malcolm is an all-pro safety and makes whatever gazillion bucks, and he deserves it, right? And he works hard and all that. What was saying back to Drew Brees on Drew’s comments, and I don’t want to get involved in trying to further bring Drew down, he’s apologizing. saying back to Drew Brees on Drew’s comments, and, you know, I don’t want to get involved in, you Hopefully, he can be a part of the solution. But Malcolm’s comments, which I think are applicable here was, yes, some of the field on this all pro safety, when I go out into the streets, I’m still a black man. And so I think that’s where we start. And I should say, you know, I use the term man, and I’ll use that, you know, it should be interchangeable with man, woman, right? Women, excuse me, because there are certainly black women. And we see where George Floyd kicked off what I hope will be a lasting moment of change, but he was just the most recent in a litany of black men and black women, right? And so at some point, you come to this boiling point. All that to say, I think it’s a mix of emotions, right? I happen to have a very sensitive and compassionate co-founder, and even his wife and his daughter, who is a PhD in psychology, who, you know, like, hey, you know, check in on you and give you that space, which may not be natural for everybody. But it’s you get up in the morning, and you know, just like you guys are doing your own jobs, right? Like we’re trying to run a startup in a pandemic. So we’ve got a lot of stuff to do, right? Like clients and loans, or whatever we got to do to make sure we stay afloat. But you have the weightiness of this moment on you. And I think in any day, it’s a it’s, I can only say it’s a range of emotions. Sadness, anger, despair, you know, hopelessness, right? All of these things rolled up into one and you you go through seas and crest of the these emotions during, you know, during during the day. And unless you have been in a, or already in an organization, that you feel valued, and you have the space to mentally not be okay. I’ve had lots of friends that I already talked about, John’s role and checking in. Friends, I already talked about John’s role and checking in Monday. I mean, we’ve, again, I don’t want to put our burden above anybody’s, right? But startup pandemic, it’s hard. And Monday, a lot of stuff to do. But I just had to say, look, mentally, I’m used to trying to operate at a very high level of efficiency and had to say, look, on Monday, it’s just okay, right? Like I’m revenue, 50%, 60%, whatever it was, but what can we do? And I guess that’s where my mind turns in terms of a cathartic experience. Part of it was talking to John and some of my other friends that really helped. But the more I sat around and thought about it, I said, look, let me put pen to paper and see if I can get some thoughts out. Originally, it’s just a couple of groups of my friends who we exchanged in some of these chat rooms and text messages and stuff. And then I said, well, maybe we got something larger that could be shared more globally. Globally, at least here in the U.S. and in our legal community. That’s how I got from, you know, how I was feeling and how I was feeling as a proxy for your question of how are folks feeling at these law firms and in the legal community right now. And that range is pronounced, right? And maybe we’re going to get to it, maybe we won’t. The one person I will pause on more than one person. But I think for right now, the example that I would want to put out is the Collins Ford, and I’m sorry, forgetting his last name. But he’s the associate from Pryor Cashman who was charged with his participation in driving a van and incendiary devices and stuff. I don’t think anybody condones that. Do we understand how it can come out of the anger and the frustration? That’s not the right way to do it. And I feel really bad that, you know, he’s put his career in jeopardy that obviously he worked so hard for. I just want to bring that up to understand a point. To bring that up to understand a point and John helped me lay this out. So it was, you know, It wasn’t muddled in the writing, and it was clear. We want to denounce actions like this. But we need to step back and not get lost in the actions on our way to understanding the anger that drove them. And I think, well, Colin Collins took it further than, you know, I guess 99.9% of the people that I know, that real anger and despair. And let me close, let me close this way. It’s something that John’s wife reminded me of the other day, we’re having a conversation. In ’68, you might remember Fannie Lou Hamer, talking about riots and the things that were going on at that time. And she said, you know, because they were asking about the violence and some of that sort of thing. And she says, look, you keep taking away from people who have nothing, treating them like they’re nothing. And then you’re surprised that this violence and this anger can come out. Like, once it’s unleashed, you can’t put cozy definitions on it, because it’s revolutionary. It’s unorganized, but it’s an expression of people who haven’t been heard for too long.

[00:17:01] Greg Lambert: Jonathan, you have anything to add to that?

[00:17:04] Jonathan Greenblatt: Well, I would say that to me, the other half of what Brian was talking about, which was, your colleagues are not all right, is the obligation, I think, to check and see, how are they doing? Because one of the most important things we can do is make sure that people who are feeling like that don’t feel isolated and alone, that they feel supported. And it doesn’t stop there with just statements of support. But Brian, you tell me, I think it’s a place to start. And then what, this is something I’m writing about, is you have to then take it into action. And you have to say, okay, what are the actions I can take now that will last beyond this current crisis when the news cycle moves on to something else? What can I do so that there isn’t, this doesn’t keep happening? But to me, we have an obligation to our colleagues, whether they’re your employees, your peers, your superiors, it doesn’t matter. We have an obligation to our colleagues to find out how are they doing and let them know they’re not alone and they are supported. That there are people who completely are aligned with their interests on this. You can speak, Brian, to the other side of that in terms of hearing that, but to me, it’s required conduct.

[00:18:31] Greg Lambert: I just wanted to jump in real quick here because one of the issues is in normal, with the quotes around at times, we could pull people together in a room. We could walk down the hall and sit in the chair across the desk from someone or take them to coffee and have that personal one-to-one conversation. Right now, we’ve got the added layer of, I’m not seeing my people. Other than, now I got to read the room by reading the emails or the text messages or the instant messages that I’m getting. So, Brian, how are you guys working with your staff that you don’t necessarily get to see and understand what they’re feeling versus what they’re saying?

[00:19:22] Bryan Parker: Yeah. So, I’m going to pick up on where John left off and then go to your question. I mean, the answer is what we’re doing now. Like, Zoom has been a good gift, right? And that’s short of being able to hug people or do some of the nonverbal communications. But it is better than just being on the phone or the text messages, which I think a lot of us defer to. I mean, Marlene and I, and I appreciate her, right? She’s as relentless about her work, I guess, as I am about mine. We’re texting around or not even texting. We’re on Twitter at midnight coordinating this. I definitely thank her for that.

[00:19:58] Greg Lambert: Good job, Marlene.

[00:19:59] Bryan Parker: Yeah. And so, I was listening to a speech this morning from when Baldwin went over to Europe, and there was this whole debate on what was going on with the American Negro. He has this line that talks about to be black in America is to be in a constant state of rage. And I think, you know, maybe before this most recent incident, people have kind of left that to the wayside. And what does that mean? I mean, that is the environmental pressures that happen in poor communities. That is not having fresh fruits in those. That is regardless of you’re somebody that maybe has a little bit of money and privilege to the person that’s kind of scuffling on the street. And that’s what I meant by that line in the story. You are prone for cops to pull you over for, and people say, euphemistically driving while black, right? I mean, it’s you have a nice car, you’ve been profiled. That’s happened to me and so many friends. It produces that rage that Baldwin was talking about. Michael Wilbon, who’s one of my favorite podcasts, obviously behind the three peaks, but on PTI, in ratings as well.

[00:21:12] Jonathan Greenblatt: In ratings as well, I think.

[00:21:14] Bryan Parker: Thanks, John. You see, that’s why we’re so good as partners. So he was talking, and Michael’s got to be, I don’t know what, John, is he early ’60s maybe? I think so, yeah. Yeah, so early ’60s, right? So, I mean, you know, and he’s got dresses impeccably every time I see him. I don’t know what he drives, but I’m sure it’s, you know, at least decently nice. And he was making the point that when he heard sirens in a car pulling up behind him, his heart started beating a little bit faster. And I got to tell you that for many black Americans, when that happens, your whole physiology, it changes. You become anxious. I’m never riding around with anything illegal or any of that. Maybe break the speed limit occasionally. But, and I’ll give credit to John on his lawyer, I’d like to– That’s right.

[00:22:07] Jonathan Greenblatt: His lawyer, I’d like to– That’s right. Spiff on the speeding point.

[00:22:12] Bryan Parker: Strike all those that I didn’t admit. But I think it’s we’ve had to communicate a lot through nonverbal, which has meant more checking in. And I have to say that, unprovoked, right, like, you know, a lot of times, and John is the chairman. And so, you know, I am the day to day. I may say, hey, John, you know, somebody’s birthday or somebody did this and call him on his own. Checked on all of our African American associates to make sure they were okay and give them a chance to just have input and just let them talk. And I have to say, Greg, in response to where you have a group of people, and look, it’s better for some people than it is for others. I don’t want to say like, oh, the whole sky is falling. We’ve got some issues that we need to address. I got an email from one of our investors who’s actually sending over some more money. He’s a lawyer, read through the article, and wasn’t like, oh, this is so well written, great things that lawyers say. I’m sorry for not doing more. Our relationship has been over a phone and email so far. I’m going to pass this along to his partner. I am going to, you know, waiting to meet you and tell me what I can do more. And I just sat back, and in a moment, I said, we’re fluctuating, and we’re thinking about the business and your head is in this, where all of America, the world is with George Floyd right now. That was so touching, just to say, look, I acknowledge that there’s an issue here, telling you that I care about you, whatever words you’re using. And then giving you space to say, reach out for whatever kind of additional support you would need. And the outpouring of that has been, and I think if you ask many, many, many black people in America right now, the outpouring has been substantial. It’s been surprising. It’s been heartwarming. The question is, when the specter of George Floyd’s memorial stops, how do we maintain that? And I’m not expecting somebody to call me up, or certainly John’s not going to call me every Friday and say, Hey, are you okay? How you feel? But how do we address these changes that need to be made systemically and make sure that we are checking? And by the way, at some point, this will settle in and we should be checking on the mental health of all of our employees and friends. But for right now, I think we need to make sure that this change is lasting.

[00:24:46] Marlene Gebauer: So I have to say that, that I took both of your advice in terms of reaching out to people and, you know, reaching out to colleagues, reaching out to friends, just to say, you know, are you okay? Is there anything I can do to support you now? And, and, I mean, even to somebody who I just met very recently in a social situation, and, you know, and that was that was scary because I didn’t know how it would be perceived. And, you know, I have to say it’s been really good and really positive and really engaging in terms of the conversations we had and what, you know, I’ve been able to learn and, you know, hopefully can apply. You know, you mentioned sort of this systemic problem. And I, you know, I listened to another podcast, and it was actually a poet who said this, that basically, you know, we have a cultural and systematic, you know, that racism is ingrained in the system and in our culture. And it’s very important about the next steps that we’re going to take to address that because, you know, we have a very short attention span on, you know, unfortunately, in terms of media. So, in your article, you know, you lay out some practical takeaways on steps we can take to address the situation. You know, so what are some of those actions that we should be thinking about to do?

[00:26:24] Bryan Parker: Yeah, and, and, you know, maybe I’ll, but just so I’m not talking the whole time, maybe I’ll split them up with, with, with, with John. I think we tried to, you know, separate them into internal. So what can you do with your, with your business, or law firm employees? And this is applicable, as I’ve heard from a lot of people more than just in law, right? So if you’re listening, and you’re not a lawyer, great, then, you know, do these things anyway. And then there’s, there’s some external ones. And, you know, just to, to, to front run John’s a little bit. I think, on the external side, there’s lots of personal responsibility and other things that people can do. And John’s going to have things, some things because he’s a lawyer, and so skilled as a litigator. But, but let me– those are the external, I’ll start on the, the, the internal. And we’ve talked about, we’ve talked about one, and that is being aware. What I would compliment big law, corporate America on right now, is the progress, especially as I’ve seen, since I was an associate 20 years ago, is the focus on mental health. Many have chief wellness officers, or maybe they have a wellness manager that’s part of the chief diversity or chief talent officer. Regardless of how you organize it, I think people are a lot more aware of this. And I think the, the checking in, the making sure you’re okay, not passing judgment and not doing something that you’re not trained to do, but then offering up resources to the extent that you do find some, you know, that you do find a challenge. Another is, we’re big data people, right? And I think you talk about racism or something like that, I think it can easily get into, well, this is, this is just feelings and a very qualitative discussion. And for some people that are very numbers oriented, they’re like, okay, that’s fluffy. that’s fluffy. Yes, you know, I’ll buy some tickets, we’ll throw a gala. Let’s look at the data and see what that’s telling us. Why do we have fewer blacks entering the pipeline? Why do we have more as a percentage dropping out? Why don’t we have more going to partner? Let’s match up the numbers that are on the good cases in the litigation sense or good deals in the M&A sense with me. Are they getting that exposure? Are they getting taught how to do business development? So grounding ourselves in the data as we look for these solutions, and then getting to the root cause, I think is something that we can do a better job of. And then I call it leading from both ways. And what does that mean? Well, we lead from the top. And John is a former member of the policy committee over at Sherman, you can say, hey, we got this august group that sits around this table, and they come up with things. There’s lawyers that are smart business people. That’s why they’re at that table. But what I’ve learned in business, and I think it’s a truism here, is that there’s got to be both tops down and bottoms up leadership. It seems antithetical to me that you’re going to try to address a problem, as you see it, and great for taking that first step in addressing the problem, right? But then you’re not going to hear the voices, say you’re trying to do something about diversity, or I’m really looking at the issue of my black associates or partners more closely. You’ve got to take into account what they’re saying, what they think can work, and then coming back with some good measurements. Last thing, I’d love to turn it over to John’s more of the external things. Trainings, if we go to the example of the woman from Franklin Templeton in Central Park that threatened to call, I’m not sure if she was on the phone, I’m not sure if she got through, she was certainly threatening. threatening, and we laughed, she was like, 57-year-old black guy, I can’t think of many more harmless black guys than people that are in the bird, I forget what it’s called, it’s got some name that I only learned by that story, watching birds, but weaponizing this group, and you go back in her history, and she’ll say, oh, I’m a Democrat, I’m liberal, I vote for all these things, but how does she go in an instant to thinking it’s okay to weaponize the police against a black man, and so this role of implicit bias, even for people that have the conscious mindset and say, hey, I’m new age, for lack of a better word, I’m progressive, I’m for the rights of all people, I think it’s just important, and by the way, black people have some of those same implicit biases, so everybody’s got to go through the training, I think if you read Gladwell’s book, Talking to Strangers, he talks about this concept, and I think that’s an important one.

[00:31:10] Jonathan Greenblatt: Well on the last point, and then I’ll go, I think that’s where dialogue and interaction helps, because you can break down, we have to all acknowledge those biases, and we have to correct for them, you have to be sensitive to them and correct for them, and that means you have to be educated, both by training and by talking to people about where your understanding is wrong, and because you won’t necessarily get that because of your biases, and everything you said in the legal profession is harder, but for two reasons, one, it’s a very hierarchical structure, environment in big law, and there is a bit of young people are seen to be, are there to be heard, seen, not heard, like young people at a dinner table, that’s all changing, but it’s sort of you earn your stripes, you get through the gate, That is not a long-term environment that fosters change very quickly. And we need to have change more quickly than we have it. So I think that law firms have to be better at listening to even their most young and junior people in the firm. Putting aside that that’s the future, those people are also in touch with a reality that a lot of people have lost touch with, if they ever had it, as they get more and more senior in a law firm environment. And the second thing is lawyers abhor being touchy-feely, right? They think touchy-feely is for I don’t know what professions, but not the legal profession. I remember before I went to law school, this one person who was a lawyer said to me, you know, when you go to law school, it’s the Marines for your brain. They’re going to sharpen your brain into a pencil, and you’re going to be like a laser pinpoint type of thinker, not some wild-eyed broad thinker like you used to be. And there’s a certain truth to that. I think if you can combine both, you’re a much better lawyer. But in fact, the legal process does train you to zero in on what’s relevant. And you know, early in my marriage, I don’t know that I was beyond objecting on the basis of relevance to things that my family members said, which is pretty obnoxious. And it’s not, doesn’t make for a long-term relationship unless you lose that quick. But because of that, lawyers, they’re not good with touchy-feely. They don’t really know how to do that very well. They think it’s kind of counter to the culture. And I don’t suggest we go all in on touchy-feely, as Brian knows, because I hate it too. But there is a need to find out how your colleagues are doing, and to listen to what they say, and try to help correct for whatever, you know, you need to be responsive. And that’s something law firms are getting better at, but they’ve had to come a ways to get there. come a ways to get there. Well, so I’ve broken down my own personal, like, action list into things I can do as a lawyer, and things I can do as a citizen. As a lawyer, I think what Brian and I need to do is fight harder to open pathways into the legal profession for more young black lawyers, and, you know, we are trying to do that with legal innovators, but I think we’re going to have to dig deeper, and be broader thinking, and go even earlier in the cycle of a student, and maybe try to get to people in high school and junior high, and start talking about the law in a way that at least in some environments they may not be exposed to, so we can start to, because part of the problem here is that the pool of people coming in isn’t that large, and we need to expand the size of the pool, putting aside all the other things that happens once the pool actually gets into a law firm. I think I need to take on another pro bono project on a social justice type issue. I do some, and I think I need to do another one, and that’s kind of a to- do list item for me, and I want to educate myself more on what kinds of legal, legislative, educational information there is on the police brutality against black Americans, and that’s not, I’m not in any way trying to tar all police officers, because that’s not what I believe, but I also believe that it’s happened way too often, and there, it seems to be extremely difficult to accomplish change, and I want to try to understand what I can do to get more knowledgeable about how we might contribute to making change in this area, in that specific area. Now, as a citizen, you know, we talk about reaching out to everybody you can think of to show support, but listen in those conversations as to what the people are saying that would be supportive. Don’t just make the call. Listen. You know, I want to volunteer in some activity that brings me in touch with the types of environments that most of us try to avoid in life, you know, the most difficult, disadvantaged areas, because it’s easy to write a check, and that’s important, but it’s harder to come to grips with the actual difficult issue that you aren’t living in your own life, and I think it’s incumbent on us if we’re going to try to have more empathy and understanding to actually see and understand better what people are going through, and then, given my particular family circumstance, I want to try to find a way to have our family open up a dialogue, because we can talk to one another in a way that all of us feel safe and try to expand that into a broader network, so I’ve been thinking a lot about the things I can do so that when this does leave the life, the news cycle, we’ve got some enduring actions that hopefully make a difference if enough of us do them.

[00:37:52] Marlene Gebauer: Actually, a really interesting idea in terms of understanding sort of safe discussion and how to do that, because again, I think that there’s a lot of people, and we’ve talked about it, that are very nervous about doing that, and you seem to be in a unique position to be able to think about that and educate others in that regard.

[00:38:15] Jonathan Greenblatt: We have those discussions around the dinner table, on long drives, heart-to-hearts with one another, and, you know, and my kids are not afraid to call me short on issues that they think I’m not sensitive enough to, and they don’t think I’m listening, but I’m listening to them and trying to internalize that so I can be better and understand it from a different perspective that I didn’t live. So, but I want to understand and be able to address, particularly because, you know, as a person who ultimately acquired a relative degree of privilege, those are the people that can make a difference if they actually try to do it and stay with it.

[00:38:58] Bryan Parker: that can make a difference if they actually try to do it and stay with it.

[00:39:05] Greg Lambert: Well, speaking of privilege, in your article, Brian, you’d mentioned that the underlying theme that you suggested in the external actions that John had covered, that we have an amazing amount of privilege in the legal community to actually drive some change. So what is it that you think we should be doing with that power and privilege?

[00:39:26] Bryan Parker: Well, you know, look, I think it starts with actions. So I won’t repeat a lot of what John said, but it’s for a lot of people that have that privilege, right? Like they know a me, right? Or they know somebody who’s actually smarter than me at their firms or whatever. And so they say, whoa, like, and I think it’s expanding that understanding out to say it’s like that’s not the only Black person that’s good or smart or doing something. So I think there’s an education and once that is there, the privilege can be used in all kinds of ways, right? So John talked about money. Two of the initiatives that both of us really like are the Equal Justice Initiative, which is led by Bryan Stevenson, who was a professor at NYU when I was there, and the NAACP Legal Defense Fund, who’s led by Sherrilyn Ifill, who is also, like me, a NYU and super accomplished NYU graduate. So helping those people have the funds so that they can do this important work, I think is something that’s certainly out there. Now, the other one is a little bit controversial, but we try to strip away some of the controversy around it and say, let’s forget about Republican and Democrats, right? Like, so we know that we have people in both parties under these same firms and people that enjoy privilege. people that enjoy privilege. That means that on both sides of the aisle, by the way, which is how our system should work, we can get headway on laws and rules and regulations that matter. So, if we’re saying, as John said, that these police incidents are happening too much, and even if you looked in the case of the officer that did the execution of George Floyd, it’s 17 complaints against them. Why is an individual like that still on the force? And so, these police commission review boards, Congressman Jeffries from New York, who was also at law school with me, putting out federal regulation on ending the use of the chokehold. We’ve known that for 20 years. Why the heck are we still doing that? So, can you influence regulation if it’s a case of an officer-involved shooting? We know what the stats are when it’s left to the local DA versus a special prosecutor versus going to a grand jury. Can we have the law mirror the justice that was at the root of its intent? Influencing the law so that it’s applied equally, those are policy things. And I think then we can move beyond the labels of Republican, Democrat, or people that are libertarian or independent and just say, look, we just want to flatten this out and have justice applied across the board. And that obviously would extend to the system of mass incarceration, which on the GOP side, even the current administration, it’s in there. This is a problem. We need to recognize that. So, how do you bring your voice and your privilege to bear?

[00:42:51] Greg Lambert: Yeah, before I go on, I just want to say, that’s a hell of an NYU class you were in.

[00:42:57] Bryan Parker: Well, so Sherrilyn was before. Again, we follow in big footsteps, but look, that’s the purpose, right? You want to be inspired. I certainly haven’t made one-tenth the contribution that she’s made, but the point of holding up the Equal Justice Society, or initiative, excuse me, or the work that she does on legal defense fund, who are going after voting rights and fractions, who are going after voting rights infractions, who are going after criminal justice reform. We’ve got to be behind those champions that are doing that as the basis of their daily work, because all of us, which is worthy work, are working for profit. We’ve got to be behind those champions that are doing that as the basis of their daily work, because all of us, which is where they work, are working for profit. And then we do, like John said, we’ll do pro bono, we’ll write checks, And then we do, like John said, we’ll do pro bono. We’ll write checks. we’ll get involved after. We’ll get involved after. But these are warriors that are in the trenches, and we’ve got to support them where we can’t always be there beside them. them where we can always be there beside them. Yeah.

[00:43:49] Greg Lambert: So while Marlene was DMing with you on Twitter, trying to get this thing set up, when she told me we had you and John on, I actually reached out to a group of lawyers that are on my diversity and inclusion committee. And I actually had an associate who’s just now finishing up her first year reach back out to me and she said, look, I’ve got some questions I’d love to hear some answers to. So I’m going to throw these out here. So I’m going to throw these out here.

[00:44:21] Bryan Parker: What kind of podcast do you run in here where you’re doing some research outside of it? What kind of podcast do you run in here where you’re doing some research outside of it? That’s like lawyer training to me.

[00:44:29] Greg Lambert: Well, I don’t know if shooting a mass e-mail to everybody’s research, but you know, hey.

[00:44:32] Bryan Parker: You took a step. You took a step.

[00:44:37] Marlene Gebauer: You are talking to research librarians.

[00:44:40] Bryan Parker: Yeah, that is true. I was trying to bring that out. We appreciate it.

[00:44:45] Greg Lambert: So the first thing she asked was, she wanted to hear more about how law firms can enable and support attorneys to actually get involved in social justice initiatives.

[00:44:52] Bryan Parker: I think I’ve got an answer on that. I think I got an answer on that. I’d love to– just given that John’s experience co-founding the diversity committee at Sherman, maybe he can speak from an institutional perspective, and then I’ve got a thought that I would add on there.

[00:45:07] Jonathan Greenblatt: perspective. And then I’ve got, you know, maybe a thought that I would add on there.

[00:45:12] Greg Lambert: All right, John.

[00:45:13] Jonathan Greenblatt: Well, I was going to say, I mean, some of it has to do with the culture of the firm, right? At Sherman, we’re very good about allowing associates to actually be the initiators of some of the landmark cases that we were willing to take on on a pro bono basis. That’s not to say the burden should fall on them, but I’m saying that, I mean, because we have a pro bono coordinator who’s out there looking for interesting and important cases, and not just cases, but work as well. But for example, we represented Shannon Faulkner, who integrated from a gender basis, the Citadel Military Institute, Military College in South Carolina. And it was probably in the early 90s would be my guess. If I remember correctly, and that was groundbreaking. I mean, she was a real trailblazer, and there was tremendous resistance. That case started, I was actually on the pro bono committee at the time. And I remember this associate coming to me, she knew I was, you know, sympathetic to trying to find landmark type cases for the pro bono, for our pro bono work. And she described the case to me. And I said, well, I’m definitely voting for that and supporting it because this case is going to end up in the Supreme Court. And it did. And I only worked on it peripherally. I was on the case, but they were, she drove it. Another partner was much more active on it than I was. But I stayed involved. I interviewed Shannon when we first talked to her about being a client, went down to South Carolina to talk to her. And it was a big burden for an 18 year old to take on. Culture of the firm permits the associates to generate initiatives, that’s one way. The other thing is there are likely to be organizations that the law firms already have relationships with. And either through partners, or through other cases or matters that you’ve worked on, board memberships on nonprofits, etc, that put you in touch with them. But there’s a list of these organizations that are committed to social justice. And, you know, they rarely turn down pro bono assistance. It’s structured, they may not want one individual lawyer, they may want a team. But you know, the Lawyers Committee for Civil Rights Under Law, which I used to be on the executive committee of the Legal Defense Fund, which does a lot of their litigation alone, but will team up from time to time with law firms, and dozens of others that, you know, the DC Lawyers Committee, or the New York Lawyers Committee, or there’s a lot of different committees out there, depending on your interests that are social justice oriented, that you can get involved in. You just have to figure out in your firm culture, what’s permitted.

[00:48:18] Marlene Gebauer: I just I wanted to expand on the question and basically say it’s like, we’re talking about attorneys, what about other legal professionals? What can they do? Or how can they support the firm’s initiatives?

[00:48:30] Bryan Parker: Yeah, I would take, you know, a couple of stabs. I mean, obviously, you know, folks can we go back to the resources, right? It costs a lot of money to run some of these things. And back to John’s point, you know, that’s top down leadership that associates may be able to influence. But things are changing in the law, as John was saying a minute ago about it used to be earn your stripes, then you get to talk. I think associates are coming in with more verve than ever before. coming in with more verve than ever before. And so think about cases that will put the firm in a positive light. Think about getting together with people and making the specific advocacy case to the firm to either expand in those areas or expand with the client in that. I think it can be easy to say, we’ve got this pro bono process. this is the stuff that comes out of it, I’ll just take one, but to influence it both ways in my mind. In terms of other professions, because we overlap with some of the work that we do, there is tax preparation, there’s work at the bankruptcy court. To be frank, if we’re going to move outside of this area of the law, of what can you do to impact the challenge? We’ve got law as one, we’ve got education and economic opportunity as another two pillars, right? And so if you’re talking about getting acquainted with the process on the ground, educating around voting rights, it’s going and being a tutor for four years. helped coach an inner city that was the worst school in our area, well, academically performing in our area, and the most under-resourced one, coached football. Why was that? Yes, I loved football, used to play. Not the point. You get people to focus more on their schoolwork because they had to sign a contract as well as their parents had to sign a contract saying you’re only going to play if you have a certain grade point average, if you show up for these team meetings and that sort of thing. So economic opportunities, if you were. God, it was, I’m forgetting who the A.D. was, but at Cal, which is my undergrad, we were noticing from the data that… Cal, which is, which is my undergrad, we were noticing from the, from the data the football players who were generating a disproportionate amount of income for the university, those that didn’t go off and become pro, weren’t getting the type of jobs that, by and large, the average student that was getting out of the University of California was getting. Well, why was that? Some of the reasoning came down to, You’re busy. You’re going to one of the top universities in the world, and you’re a Division I athlete. Do you have the time for networking, the internships? There’s all kinds of prohibitions about what you’re not able to do while you’re in school. So we instituted an internship and mentor program. Or the mentors came to the football team. And last year before I moved out here with John, we had 50 companies that were there to offer these internships for the summer. So the players didn’t have to go out and do the interviewing. Well, you learn how to network, you learn how to be in a professional environment, by the way. You’re getting this cross-cultural knowledge of each other. And so now they’re coming out. If you don’t go pro, which is the vast majority of athletes of any school, you’ve got a career to kind of get into. So I think there’s all kinds of things that people can do that are not related to law to make a difference.

[00:52:17] Jonathan Greenblatt: Well, and the other thing is, I think in-kind contributions are really valuable, right? So let’s say you’re an IT person. Most of these non-NGO, nonprofit organizations are struggling for dollars. You can provide IT support to them in a way where they don’t have to have an expensive IT function. That helps them because they can put the dollars they would spend on that to something else. If you’re a human resource person and you want to devote some of your time to their human resource issues, you know, all those things are actually important contributions that you can make to nonprofit organizations that helps them function, focus on what their underlying mission is. So there’s a lot of different things. Plus, you know, we talk a lot about litigation. And when I was on the pro bono committee, I was always trying to figure out, well, how do we get the corporate lawyers as involved as the litigators are? Because a lot of them wanted to do more pro bono work, but they were struggling to find projects. Well, two things that occurred to me. One is there are projects out there where people need taxes. I mean, you don’t get too many nonprofits looking to do an M&A deal, but they have tax issues often, or they have real estate issues. They have leases to be negotiated, and sometimes they need to raise money. And I mean, they always need to raise money, but sometimes they may need to raise money in a way where a lawyer can be helpful. And you know, with that, sometimes they need to get a line of credit and they need a lawyer who can do who has bank finance experience. credit, and they need a lawyer who has bank finance experience. And then, finally, I was pushing at one point, because the lawyers committee model is that, you know, it’s got a staff that finds matters and oversees the matters, but the cases are staffed by their membership, which is a lot of big law firms, and it was called to arms by President Kennedy in 1963 when he said to the head, he and Bobby Kennedy said to the heads of many, many law firms in New York and DC and Philadelphia, look, the lawyers down south that are fighting the civil rights battles need some help, and I expect you or want you to lend your forces. And so, most of the big firms signed up, became members of the lawyers committee, and they staffed the matters with their attorneys. Well, at some point, litigation isn’t the answer to all social problems. You know, we need to push the envelope with litigation, but there’s a lot of money and opportunity that needs to be moved that doesn’t depend on litigation. That’s where corporate lawyers, investment bankers, and commercial bankers could actually bring their skill set to bear. So I was trying to get the Justice Department actually interested in the Clinton administration, interested in creating an equivalent lawyers committee only for investment bankers, commercial bankers, and corporate lawyers. It’s a matter of sort of thinking outside the box if you’re in an area where the cases just don’t come in over the transom, but there’s plenty of need, that’s for sure.

[00:55:45] Greg Lambert: Yeah. Well, I think you answered the second question she had, which was, this doesn’t necessarily have to be a litigation, criminal defense, or a civil rights issue in order for it to need action. So I’ll skip to the final one, which I think, again, will resonate with the current situation. She said that oftentimes there’s a heavy weight on minority attorneys to give back to their respective communities. So how can minority attorneys balance trying to learn and grow in the first years of their practice with giving back in a meaningful way, but at the same time, not feeling the burnout of overworking ourselves both mentally and emotionally?

[00:56:31] Bryan Parker: You know, it’s a real issue, right? And when you think about being, you know, one, it’s an incredible opportunity. And I feel, you know, super grateful to have worked at Sherman. It’s just given skill sets, it’s opened doors, all of those kinds of things, right? And I think when you find yourself in that pantheon, maybe there’s a better word for that, that, you know, you’ve got students that want to talk to you, how did you get there? As you get more senior, you know, you’re expected to mentor downward in that sort of thing. And so I guess I go, for me, I go back to, well, there’s probably two things, there’s an internal and an external answer to this. The internal one, and somebody asked Oprah this, right? to be Oprah, but you know, we can we can think along these lines. She says, different version of your question, but can we have it all? Maybe personal life, work, family, love, all this kind of stuff. And she says, yes. But you just can’t have it at once. And so I think for young associates, and I’m assuming that’s from someone that’s sort of rising in the ranks, it’s keeping your priorities together, right? And so the first part of your career, and John and I talked about this a lot, personality and business development, all those things and doing the extra help when you’re on the rise or when you’re considering for partnership because it’s competency plus, this plus. When you’re a junior associate and you’re fighting to make sure that you’re seen in a positive light, that you’re getting on the right matters that are going to elevate your skills and elevate you within the firm, you’ve got to get your head down. So just giving yourself the permission to say, look, maybe I’m going to take on one thing outside the firm, I’m going to do that well, knowing that the disproportionate amount of my energy is going to the firm, and I still have to go and exercise to keep myself physically and mentally fit and those sort of things, so that may be it. And then the companion piece is that this is the flip side of what I was trying to talk or what we were trying to talk about of the top down and the bottoms up, and looking at your associates and saying, are you mentally okay? Associates and saying, Are you mentally okay, I think, John, John makes a great point. And a lot of this is going to be the psychology of whatever individual firm that it is. But a recognition that there may be more challenges and more things pulling at a minority associate than they are of general people. And not to let them off the hook, you paid a handsome salary, you’re there to work and all those sort of things. But if you want that person to mentor, if you want that person to do things in the community, if you want that person to help you recruit and keep your pipeline going, there’s going to have to be some acknowledgement of that and some accommodation. So that you don’t burn out, right? Because after all, this is no different from, you know, the draft of any sports team. We’ve identified somebody that we think one day could contribute to the firm, to our clients, meaningfully to revenue, and maybe one day it’s as partner. So it actually works against your best interest, if you’re not accounting for all these things and burning a person out. So I’d say that to, you know, to the person answering that question. I think it’s a little bit about what you’re bringing to the table, but hopefully you’ve chosen the right environment. And then the leadership of the firm helping you as well.

[01:00:03] Jonathan Greenblatt: Well, I mean, can I just pick up on that? When I was very involved in recruiting and hiring minority attorneys, one of the things we did was we created a scholarship. with the legal defense fund. That’s actually where I developed the relationship with Sherrilyn Eiffel, who we mentioned earlier, which I still cherish, and we’re still friendly. She was on the committee that, along with me, would pick the scholars. And one of the things I noted from that and other recruiting I was doing outside of the scholarship program was this extra burden that black associates felt on two levels, really. One was coming to a firm selling out in some way and two, were they giving back enough soon enough? And I felt it was a horribly unfair extra burden for them to have to carry as very young lawyers compared to their peers who weren’t feeling either of those things, by and large. Not none of them, but many of them were not feeling either of those two things. And I think it’s incumbent on a firm to recognize that that’s the reality. And mentorship can help people understand how they can get that balance right. And for me, when I felt like, gee, should I go to a law firm and sell out? Don’t forget I went to law school in the 70s, right? The late 70s. So there was corporate America wasn’t too popular in those days. It wasn’t selling. You know, the way I rationalized it, I hope it wasn’t just a rationalization, was, well, someday you get to a point where you can give back a lot more. You have to take the long view, right? And, you know, I’d like to think that I’ve tried to get that balance throughout the course of my career and not forget it. But I understand that, particularly, you know, black attorneys feel this pull and this burden. And I think it’s got to be recognized, addressed, allowed. And we have to get to a place where people can get the balance that Brian was talking about right. get the balance that Brian was talking about right. And that really requires people to be looking out for you in the firm, as you navigate through this extra layer of complexity that some people just don’t have. They may have other complexity. And they may, you know, I don’t mean to say other people don’t have their own issues. But this is one that over the years I’ve noticed is being taken on by minority attorneys to a higher degree than non-minority attorneys.

[01:02:43] Marlene Gebauer: So I want to shift the conversation a little bit to diversity and inclusion programs. So, we’ve seen a visible increase in diversity inclusion programs and policies within law firms over the past decade, probably longer. With the current issues of the pandemic, the economic crisis, and racial tensions, are there new opportunities to combat racism and to support diversity inclusion in law firms?

[01:03:11] Bryan Parker: Well, I mean, I guess I’ll maybe take a short crack at this. Maybe, right? We are, and Marlene, I’ve shared this with you, Greg, I haven’t had a chance to share with you yet, Legal Innovators and John and I and our whole team bringing together a webinar on diversity inclusion at the end of the month on the 30th. And the angle that we want to take is to say, how do you view cost- cutting focus on profits that is just happening in this environment with diversity inclusion? So, Marlene, what I said, it depends, is I think our first thing is we want to make sure that we’re not losing the gains that we’ve made. There’s been some wonderful work that’s done. There have been investments that have been made. More folks, I think we’re seeing, you know, starting to come in. But we look, again, we go back to data, and the folks at Parker Analytics are going to be on the phone. and they helped shape this very well. If you look at ’08 or ’09, the real estate crash and what happened, you had a number, you were starting to make some real good progress on the diversity and inclusion. And then people said, like, you know, the work is drying up. I mean, it was a bad situation. I don’t want to underplay it. Like, I was panicked, along with everybody else. But what happened is that you got a lot of junior talent in right at the period before the crash. And people said almost indiscriminately, look, we’ll just lay out this percentage of years one through four. And that happened to disproportionately hit hard the diverse folks, black and otherwise, and women. It took three or four years after the crisis had gone by to try to make some of those gains back. What we’ve seen from general counsel saying, look, more and more, if you don’t have a team that represents diversity, you’re not getting hired. So the point that we want to make is diversity is not only the good and the moral thing to do, it makes business sense as well. So how do we marry those two things? And then Marlene, to your point, how do we come out with actionable steps that people can take? Yes, cost cutting is going to be a part of the equation, but how do we make sure that that’s done with purpose and to lift up the intent of these diversity inclusions, and that we’re not losing the ground? And then as the economy comes back, hopefully, we’re able to put more in. But I think we’re at a critical point. And when John and I have the chance to sit down and talk to the law firms, as we do, and people are in varying places, but I think there’s an openness to look at that. One of the reporters from The American Lawyer that I spoke to yesterday said, well, it’s like, OK, well, that I spoke to yesterday, said, well, it’s like, okay, well, it was always important. Now, with the specter of Joyce Floyd, and the death and everything that’s gone on, there’ll be more of a lens looking at this. Hopefully, people will say, okay, that’s a proxy for accountability. Because what I pointed out to him, is law firms are different than public corporations, right? There’s not going to be an earnings call at the end of the quarter where you can say, how much did you spend on diversity and inclusion? Why did you cut this? And why aren’t you investing there? But I think it gives us a moment to pause and make sure that we don’t go back the other way, and keep making the progress.

[01:06:44] Jonathan Greenblatt: I think it comes down to putting your money where your mouth is. If law firms are going to preach this, and we were both concerned and writing about how important it was that during a pandemic or any economic downturn, as Brian said, that the first thing to go isn’t one of these so-called feel-good things like diversity, because the bottom line is impacted. Number one, I think the bottom line for the reasons Brian said is impacted if you cut diversity, and good for the corporations that are requiring that and pushing it. But secondly, the problems that need to be solved, if you just look at COVID-19, that is not a local problem. That’s a global problem that has affected everyone in the world. And you can’t solve problems like that without diverse viewpoints and perspectives and the different ways of learning and looking at problems. So if we want to be effective, we have to. But I do think, as Brian said, that the focus that’s been placed on combating racism as an outgrowth of the horrible George Floyd murder is going to make it even more incumbent. on law firms not to give up ground game. And at the end of the day, lawyers tend to be progressive thinkers about things like equal opportunity and social justice, whatever their politics are. They tend to be open-minded about those things. That’s why many people went to law school. And if we aren’t going to do it, what profession is going to? I think it’s really morally backwards that it’s our corporate clients that are telling us we have to do it. We should be doing it because we should be doing it. But if it takes the corporations to tell us as a profession we need to do it, then so be it. And it’s going to take creativity. It’s not that a lot of law firms haven’t tried. It’s that they aren’t trying hard enough and creatively enough. And everybody’s got to think out of the box and make a commitment to it and stick to it. That takes leadership. The leaders of the firm have to stick with it in good times and bad and say, this is part of our culture. This is part of our mission. And if it means we’re returning X dollars less at the end of a quarter, which I don’t think it does, but if it did, if that’s the concern, then that’s what it means. We’re not giving up ground on it.

[01:09:22] Bryan Parker: We’re not going to waver. I want to leave a serious point because people are saying, where do we go from here? And I think there’s a lot of bleakness and a lot of lack of hope. And I think we’ve got to put it back on to, yes, we can wallow in that. But how do we move this forward into something? And I was going back and forth. So I’m alternating between being a Baptist and a member of the AME church. But this comes from a rabbi friend of mine who we talk a lot. And he sort of reminded me of something that was in the 30th Psalms. And you guys may remember. not remember, but they’re focused on that. There may be darkness at night, but there’ll be joy in the morning, right? There’s a lot that needs to happen over that. And one of the black and white photos that I have framed in my hallway with low quotes, AP photo, Frederick Douglass. And I think he talks about this and this is going to be a specific call to action back to the blunt talk that John is talking about. But I really think that this is where we are. Imagine he is talking in the late 1800s and here we are right now, but change the word Negro to black and the quote still applies. So he says to us, there is no Negro problem. The problem is whether American people have loyalty enough, honored enough, patriotism enough to live up to their own constitution. We Negroes, again, insert the name black and most people don’t use that anymore. Love our country. We fought for it. We ask only to be treated as those who fought against. I think that’s where we are. And I think there’s a specific call and we’ve got to look into each other’s eyes and make sure, especially as some of us, and I have my grandfather’s black who served in the Navy, go to these things of patriotism and make sure that it looks across all the aisles and treats everybody fairly.

[01:11:34] Greg Lambert: Well, Jonathan Greenblatt and Brian Parker from Legal Innovators, I appreciate you both coming in and having this conversation with us.

[01:11:42] Marlene Gebauer: Thank you very much.

[01:11:43] Bryan Parker: Well, we’re very appreciative as well.

[01:11:45] Jonathan Greenblatt: Thank you.

[01:11:46] Bryan Parker: Be safe, guys.

As we approach the three-month mark of the pandemic and alternative working environments, it is important to remember that we still provide a service that is focused upon the needs of people. On the In Seclusion Podcast last week, I talked with four consultants and business development professionals to see how they are adjusting to these unique times. The common theme was that we needed to have more personal and professional discussions with our clients, not less. What that means, however, is that those conversations need to be sincere, relevant, helpful, and empathetic. Clients are drinking from a fire hose of information and it is our job as a trusted counsel to guide them through complex issues and make it simple and easy to understand. Listen in on the insights of four leaders in the industry.

Tuesday, May 26 – We’re Getting Used to This New, Ambiguous, Different, and Uncomfortable Work-Life – Marcie Borgal Shunk

Marcie Borgal Shunk of The Tilt Institute, Inc. is used to working closely with attorneys and law firm leadership. Traditionally, this meant gathering large groups of lawyers into a room for hours, or days at a time, and walking through scenarios together. With the current situation, it means having to adjust to fit the online nature of education and training. For many lawyers, this is new, it’s ambiguous, it’s different, it’s uncomfortable… and they’re actually getting used to it.


Wednesday, May 27 – It Turns Out That Law Firms ARE Pretty Adaptable – Tim Corcoran

Tim Corcoran advises law firms on how to improve the business delivery side of things. One of the positive aspects of the pandemic has been the ability for firms to actually look at the processes of their business, and not just focusing on the tools. As we begin to develop a hybrid office where some people will be working in the office, and some will continue to work remotely, it will test how good our management skills really are. Maybe now we’ll give some real management training.


Thursday, May 28 – It’s Time to Put Our Energy Into New Engagement Models – Roy Sexton Continue Reading We Are Still In The People Business

Before the world turned upside down, one of the issues we were following was the Georgia v. Public.Resource.Org case where the State of Georgia brought a lawsuit claiming copyright protection on the annotations for its Official Code of Georgia. Our three podcast series (unintentional) started out with Tom Gaylord discussing the initial filing with the Court, Ed Walters and Kyle Courtney breaking down the oral arguments, and finally, we have today’s final episode with Ed Walters returning and bringing Cornell Law School’s Kim Nayyer, and the Legal Information Institute’s Craig Newton along to discuss the Court’s final ruling.
The Court ruled in Public.Resource.Org’s favor, but our guests aren’t sure how far the opinion actually goes to cover state material beyond the Georgia Code. Could it mean the end of deals between states and vendors like LexisNexis or Thomson Reuters? Does this mean that other materials, such as Regulatory Codes are fair game? We discuss… you decide.

Listen on mobile platforms:  Apple Podcasts LogoApple Podcasts | Overcast LogoOvercast | Spotify LogoSpotify  
We spend the entire episode on this topic. Don’t worry, we’ll bring our Information Inspirations back next week.
Listen, Subscribe, Comment
Please take the time to rate and review us on Apple Podcast. Contact us anytime by tweeting us at @gebauerm or @glambert. Or, you can call The Geek in Review hotline at 713-487-7270 and leave us a message. You can email us at geekinreviewpodcast@gmail.com. As always, the great music you hear on the podcast is from Jerry David DeCicca.

Transcript

[00:00:00] Greg Lambert: All right, I’ll talk to you later, Marlene.

[00:00:02] Marlene Gebauer: Okay, bye-bye. Oh, just in time. Welcome to The Geek in Review, the podcast focused on innovative and creative ideas in the legal industry. I’m Marlene Gebauer.

[00:00:20] Greg Lambert: And I’m Greg Lambert. Well, Marlene, this episode wraps up our trilogy surrounding the issue of the state of Georgia versus publicresource.org and the fight over whether states like Georgia can put a copyright claim on their official annotated statutes. So I don’t think the answer is going to be a big surprise to most of our listeners today. But we decided we’d bring in three experts, you know, it is a trilogy, so we needed three. And they’re going to discuss how the court ruled and what this means for states who have established certain copyright restrictions on their laws, as well as to the publishing industry, who may need to identify new business models according to one of our guests.

[00:01:00] Marlene Gebauer: While the court has made its decision, our guests have some disagreement on how far the court’s opinion actually goes. That always makes for interesting discussion.

[00:01:11] Greg Lambert: Yes, it does.

[00:01:12] Marlene Gebauer: We brought back Fast Case co-founder and CEO Ed Walters. He’s joined by a couple of legal scholars from Cornell, Kim Nayer, Associate Dean for Library Services and Professor of the Practice at Cornell Law School, and Craig Newton, co-director at Legal Information Institute. We decided to jump right into this conversation, so we’ll bring back our information inspirations next week. In late April, the U.S. Supreme Court came down with this decision in the Georgia versus publicresources.org question of if a state can claim copyright over its annotated statutes. For the law library professional, I think it’s fair to say that a large majority of us believe that the ruling came down in the way that we hoped. We’ve talked about this issue when it was filed and again when oral arguments occurred. So we thought it made sense to close the loop and discuss the final result and what it meant for states, legal information professionals, and legal information vendors going forward. We’ve brought back Ed Walters, CEO and co-founder of Fast Case, Kim Nayer, Associate Dean for Library Services and Professor of the Practice at Cornell Law School, and Craig Newton, co-director at the Legal Information Institute.

[00:02:24] Kim Nayer: of Practice at Cornell Law School, and Craig Newton, co director at the Legal Information Institute.

[00:02:31] Greg Lambert: So I’ll get this started. Kim, would you mind just giving us a little bit of the backstory and what happened to cause this case both to get filed and then eventually brought to the U.S. Supreme Court.

[00:02:45] Kim Nayer: So you’ve talked about this case already, but just as a refresher, public.resource.org is an organization that has a mission of making access to the law open and available. This case involved that organization’s efforts to not only make the Georgia Annotated Code available, but also to push the boundaries of what that meant, what open access to Georgia law meant in this case. So Carl Malamud, who is the principal of public.resource.org, digitized the Georgia Annotated Code, including what are the annotations to the code, and that’s where the boundaries get pushed here, is what actually constitutes the law. So the code itself, stripped of any additional content, that the issue relating to copyright in that instance is pretty clear. But the question he was wanting to push is that these annotations also form the law and therefore should be available to anyone by an assertion of copyright over this really defeats the purpose of open access to primary law.

[00:03:40] Ed Walters: annotations also form the law and therefore should be available to anyone by an assertion of copyright over this really defeats the purpose of open access to primary law.

[00:03:51] Kim Nayer: And someone please jump in and help me out here.

[00:03:53] Marlene Gebauer: Someone will. Don’t worry.

[00:03:57] Ed Walters: Yeah, maybe I can tell a little bit more of the backstory. So, Kim, that’s an awesome summary. Maybe I can hum a few bars of how a bill becomes an annotated code in Georgia, because the facts really matter here. So in Georgia, like in many states, the legislature passes a bill, a member of the Georgia legislature will draft a bill, it’s debated, it’s amended. The legislature passes a bill, and the governor signs it into law. And then it goes into Georgia’s Code Commission, an agency of the legislature who is responsible for codifying those bills into the outline of Georgia’s code. Right. And so the commission goes through these acts and cuts the bills and puts them into their place in the Georgia code. And like several states, Georgia’s official code is annotated. The official code of Georgia annotated, or OCGA, you’ll sometimes see it. and for the annotation work the Georgia commission contracts the writing of the annotations to a private publisher Lexis Nexis and so Lexis Nexis compiles annotations for each section of the code and annotations look like summaries of judicial opinions that you know sort of expound on the statute to say what it means uh it will cover like legislative history notes and when at the end of each session annotation work, the Georgia Commission contracts the writing of the annotations to a private publisher, LexisNexis. And so LexisNexis compiles annotations for each section of the code, and annotations look like summaries of judicial opinions that, you know, sort of expound on the statute to say what it means. It’ll cover like legislative history notes. And Lexis compiles those annotations. They pass them back to the commission. The legislature sort of blesses all of the annotations and passes them into law. And then, as a part of its work, the state of Georgia has contracted out with LexisNexis the exclusive franchise to publish the official Code of Georgia annotated. The state of Georgia, the governor’s office, the legislators all get free or heavily discounted copies of the OCGA. And then Lexis can sort of sell it to the world as the official version of the Georgia code under the exclusive book publishing franchise. That’s kind of how a bill becomes a law in Georgia. In this case, maybe I can just add one more fact. And that is that publicresource.org’s president, Carl Malamud, who believes in open access to the law and believes that once you make any publications the official version of the law, whether it’s annotated or not, the whole thing passes into the public domain. law and believes that once you make any publications, the official version of the law, whether it’s annotated or not, the whole thing passes into the public domain. And so Carl Malamud, the president of publicresource.org, took a copy of the official Code of Georgia annotated, scanned it, and published it online for free, not in the dark of night. In fact, one thing that the publicresource.org did was to take the scanned version of the code and sent it on thumb drives to the Georgia legislature and other officials in Georgia, and told them, I’m going to do this in public because this is public law. I’m not sneaking around or anything, I’m going to tell you that I’m publishing your open law openly on the internet.

[00:07:07] Greg Lambert: So Malamud was looking to get sued on this, right?

[00:07:10] Ed Walters: At least he was looking to assert the fact that open law is open. You know, he wasn’t he wasn’t trying to do it in the dead of night.

[00:07:18] Greg Lambert: But he wasn’t surprised he got sued.

[00:07:21] Ed Walters: Yeah, I can’t I should say like, so, in the interest of full disclosure, I serve on the board of publicresource.org. I’m hardly, you know, a partisan about this, but I can’t really

[00:07:32] Kim Nayer: speak to Karl’s motivation, or whether he was surprised when Georgia sued him. But the state of Georgia, not LexisNexis, was the one who brought suit against Karl. It was the Code

[00:07:44] Ed Walters: Commission for the state of Georgia that brought suit. And they, you know, insisted that he take the code down. And the district court in Georgia and the Northern District of Georgia held for the Code Commission. They said this is the annotations the copyrighted work of the state of Georgia, and maybe perhaps of LexisNexis as well, and requested, insisted that publicresource.org take the law offline, which they immediately did. They took the code offline, and immediately appealed to the Eleventh Circuit.

[00:08:18] Kim Nayer: And thank you, Ed, for reminding me about a step in the U.S. legislative process that I sometimes forget. And so whereas I love the way Americans pronounce codify, codify, I don’t love the way the law is codified here. So the statutes on their own, they’re fine, and they’re fully available. But to add that extra layer of annotation, and then to go and license a private provider to do it and call that whole thing, the codified law, yeah, that that seems to defeat the purpose of law being available.

[00:08:51] Craig Newton: the purpose of law being available.

[00:08:55] Greg Lambert: Well, and especially to say the official code of Georgia, that’s I think the official some people look at that as saying, this is the one I have to have in order to really practice law in

[00:09:07] Kim Nayer: Georgia. Yeah.

[00:09:09] Ed Walters: Can I ask in Canadian, do you guys add an extra U to codified?

[00:09:17] Kim Nayer: No, I do not favor the extra U in codify.

[00:09:21] Ed Walters: That is very honorable.

[00:09:23] Greg Lambert: Yes, ask your neighbor about that.

[00:09:28] Marlene Gebauer: So now that we’ve gotten a really good background, Craig, can you summarize the court’s opinion for us?

[00:09:36] Craig Newton: Sure, I guess it’s about time I jump in here. So the first sort of interesting thing about it is it was a 5-4 opinion, and it was a very unusual majority, right? So it’s the Chief Justice who authored the opinion. And he was joined by Justices Sotomayor and Kagan and Kavanaugh and Gorsuch. I don’t recall who first pointed this out, because I’d love to give them credit. But these are the five youngest justices. There’s actually this split under 70 and over 70. So perhaps that’s significant. Perhaps it’s not. Perhaps that’s a harbinger for the future. Perhaps it’s not. But nevertheless, an interesting little factoid there. As for the opinion itself, I know Ed disagrees with me on this, which is exciting. But you know, I think the holding is actually, you know, fairly narrow. I was trained that the holding is what the court says it is. And really, everything else is just dicta. especially if you’re trying to distinguish your facts from a case. Then everything that’s not the holding is dicta, right? And so what the court says is we hold that the annotations in Georgia’s official code are ineligible for copyright protection, though for reasons distinct from those relied on by the Court of Appeals. And like I said, I’m sure Ed is chomping at the bit there to tell me I’m wrong about that. But as far as, you know, more of an overview of the opinion for folks who haven’t read it or aren’t familiar with it, all of this analysis that goes into that holding turns on something called the government edicts doctrine. And that’s, I know, something that Ed and Kim talked about at length in a previous podcast from AALL about this case. But what we knew about that doctrine previously from a series of very old cases was that judges cannot be the authors of works that they produce in the course of their official duties for copyright purposes, regardless of whether or not what they’ve written carries the force of law. And for example, I think it’s the Chief Justice in the opinion of the court says, for example, dissenting opinions, those don’t carry the force of law, they’re dissents. But nevertheless, a judge can’t own a copyright in a dissenting opinion, right? So, you know, really in the most narrowest sense, what the Supreme Court did was say that same rule applies to legislatures or legislators the same way it applies to judges. But at the same time, especially I think with the Roberts Court has a reputation for the narrowest possible holding, there’s a lot of sort of wonderful analysis and wonderful pronouncements for those of us that do free law for a living, right? You have the court courting a 19th century case out of Massachusetts that says no one can own the law, and that every citizen is presumed to know the law and therefore all should have free access to its contents. People that do open access, people that do free law, I mean, we absolutely, you know, brighten at that, right? You’ve also got these bits. There’s a bit in the opinion where the Chief Justice talks about a pay per law scenario and how unfortunate that would be. And I think that got all the PACER fee folks really excited. There’s a nice exposition of specific examples of what a citizen in the state of Georgia wouldn’t know about Georgia law without the annotations, such as specific laws that have been held invalid but have never been taken off the books. And so, you know, the Chief Justice, you know, wants to avoid what he called the economy class version of the Georgia Code. That’s all really exciting. And then, you know, again, I kind of contrast that with, you know, what I was taught to look as, like I said, the court will tell you what the holding is, which I read as pretty narrow. And so, in my mind, there remains some question about where does that leave everything else that’s not the annotations to the official code of Georgia.

[00:13:34] Greg Lambert: Mr. Walters, you have the floor. How is Mr. Newton correct and incorrect in his reading?

[00:13:41] Ed Walters: Now I’m having flashbacks from law school. Mr. Walters, state the fact.

[00:13:52] Marlene Gebauer: You need to stand up.

[00:13:57] Ed Walters: Hold on a second while I nervously sweat. Also, I think this is actually a pretty sweeping opinion. You know, the court in this case could have said, look, under the narrow facts of the way Georgia codifies its codes, this specific collection isn’t copyrightable. Right. But that’s not what the court said. When the chief writes the opinion, I’ll quote the opinion chapter and verse here. Under the government edicts doctrine, judges, and we now confirm legislators, may not be considered the authors of the works they produce in the course of their official duties as judges and legislators. That rule applies regardless of whether a given material carries the force of law. And it applies to annotations here because they are authored by an arm of the legislature in the course of its official duties. So there’s four things about this that I think are extraordinary. First is that this applies to states. It’s long been copyright policy that official works of the US government can’t be copyrightable under law. This opinion extends to the states. And I would imagine not just like to, you know, top level states to the counties or any government organization. To this applies, not just to case law, as we’ve seen in the historical precedence, but to statutes in this case. And again, the court could have said the government edicts doctrine applies to statutes, but that’s not what Justice Roberts says. Justice Roberts says that any government actor acting in their official capacity can’t be the author of what they write. Third, the chief goes out of his way to say it doesn’t matter whether what they write is binding law or not. So I went to the argument in Georgia versus publicresource.org and there was a lot of time spent on whether the annotations of the Georgia Code constituted binding law or not, and whether it mattered, whether the lawmaker, the agency regulator, the legislator, the judge was writing binding law, or whether it was something else in their official capacity. The chief says it doesn’t matter whether it’s binding law or not. If the thing that you are writing is in your official capacity as a government agent, if you’re working on behalf of the people, then it’s the people who are drafting whatever you draft, not just binding law, anything that you write. And then finally, I think it’s a very broad application to agents of government, right? Because remember, it’s LexisNexis who writes these annotations in the Georgia Code. And the court has no problem at all saying, when a private company creates something like an annotation as a work for hire, regardless of whether it has the binding force of law, they are doing the work of the legislature, they’re doing the work of the government agency, and it is a work for hire. So in agency law, the agent can’t have any more rights than the principal can. You can’t make an end run around copyright law by hiring out a private party to do this official government work on behalf of the people, and thereby get some sort of ownership right in the output. No, the chief says here, if you are a private party and you are acting as an agent of the state, acting in its official capacity, you have no more rights than the principal does, you have no more rights than the legislature does, and the work that’s created can’t be authored by the private party any more than it could be the government party. In every one of these cases, the people constructively are the author of this document. The legislators and government agency are acting on behalf of the people. And when they contract these rules out to private parties, the private parties are acting on behalf of the people. And whether that is binding law or non-binding law, whether that is in the federal government or in the states, whether that is judges with judicial opinions, or legislators with codes, and whether those codes have the force of law or not, every one of those circumstances, they are edicts of government, and they are outside of the scope of copyright. This is remarkable. I mean, this is an amazing opinion from the chief. Again, you have justices, as Craig noted before, who you typically think of as being very narrow constructionists, right? Justice Roberts, Justice Gorsuch, Justice Kavanaugh, you could imagine in this case saying, under these narrow facts, we hold that the official code of Georgia, as annotated by LexisNexis, under the agency contract that we’re looking at in this specific circumstance, is not copyrightable. But instead, what you get is this broad sweeping proclamation by the chief of the government edicts doctrine for all time.

[00:18:53] Craig Newton: and for all kinds of documents, anywhere, for any level of government, state or federal, outside the scope of copyright. Remarkable.

[00:19:02] Greg Lambert: All right, Mr. Walters, you’re just showboating now, so let’s giveΓǪ

[00:19:06] Marlene Gebauer: I’m saying that was just like law school.

[00:19:09] Greg Lambert: Let me give Mr. Newton 30 seconds to rebut.

[00:19:13] Marlene Gebauer: Rebuttal, rebuttal.

[00:19:15] Craig Newton: Ed, your reputation as an unrepentant optimist is definitely well- earned. I would say, if I really only have 30 seconds, I will say two things. The first is that, you know, the holding is not this broad proclamation that all official codes are not eligible to copyright protection, including their annotation. It’s that Georgia’s official code isn’t eligible for copyright protection. You know, I’ve actually marked up that part of the opinion, Ed, as supporting the idea that the holding is narrow, because it says judges and legislators. It doesn’t use the phrase government agent or government actor. In fact, I don’t think those phrases appear anywhere in the opinion. And as far as this question of the agent, I don’t dispute that the agent doesn’t have more rights. He has more rights than the principal, but the last sentence of what you read, Ed, was it says that the rule applies to the annotations here because they are authored by an arm of the legislature. It doesn’t say an agent of the legislature. They’ve essentially, in the next section of the opinion, the chief justice, you know, goes through all the reasons why the commission held such tight control, all the ways the commission held such tight control over Lexis, that Lexis had become an arm of the legislature itself. So I think that’s where the disagreement there, but to the extent there is one, or maybe your optimism and my pessimism, Ed, I think that’s sort of the crux of the matter.

[00:20:43] Kim Nayer: What Craig is picking up on there is like the analysis of the 11th Circuit, where Lexis might be Lexis, but they’re acting so closely under the direction of the commission that it is the words of the legislator. There’s no room for interpretation. It’s not commentary. So it’s very directive, and I think that that’s an extension of that very, I thought, valuable analysis of the 11th Circuit.

[00:21:13] Greg Lambert: So, Ed, let me test your optimism here. Is this limited to any vendors or third parties that contract with the state, that that makes them basically an agent, or how far does that go?

[00:21:31] Ed Walters: Well, I think that for, certainly for government contracts, where the private publisher is performing on behalf of the state, some state function, I think you’d have a very hard time claiming copyright for that. If the state, acting in its own capacity, wouldn’t have copyright, then anytime they contract that role out to a private publisher, the publisher doesn’t have any more copyright than the state would have. So Craig would tell you the glass is half full. I think the glass is overflowing. I can’t believe it.

[00:22:04] Greg Lambert: Well, you’re both optimists in your own way, I guess.

[00:22:10] Craig Newton: I’ve never been accused of being an optimist in my life.

[00:22:14] Greg Lambert: Well, Ed, let me follow up with that. So what doors does this throw open then for legal publishers or anyone that wants to take a government document and say there’s no copyright, therefore I can add my own annotation, I can package this and sell it. What does this throw the doors open to?

[00:22:40] Ed Walters: Well, just in a nuts and bolts way, at Fastcase, we’ve been publishing the economy class version of the Georgia Code, the exact thing that Chief Justice was worried about. When we go to publish the Georgia Code online for the last five years, we have a deal with the State Bar of Georgia. We provide Fastcase legal research for free to all members of the State Bar. But when we went to go publish the official Code of Georgia online, both the legislature and LexisNexis said, you can’t. We claim copyright in the catch lines, the titles, the top of the statutes, and certainly in the annotations. And so when Fastcase historically has published the Georgia Code, we’ve had to rewrite the catch lines, 30 some odd thousand of them, and remove the annotations, not because we didn’t think that they were public, we certainly thought that they were, but because we knew that it would be like a million dollar lawsuit with LexisNexis. And so I think for people like Fastcase or Cornell’s Legal Information Institute or any public spirited publisher who wants to publish these codes online, heck, even for Westlaw, for that matter, we now have a green light to do what we have known has been legal the entire time, which is to publish as public law that is public and to know that private companies can’t own public law. So now Fastcase publishes the entire Code of Georgia with the correct catch lines, the official catch lines, and with the official annotations. So we have promoted the entire State Bar of Georgia and all of its members to first class access to the law.

[00:24:25] Greg Lambert: Does this open up the door for any other states that have similar arrangements to what Georgia had?

[00:24:33] Ed Walters: I think every one of them, doesn’t it?

[00:24:34] Greg Lambert: That’s the question I’m asking. You’re the expert.

[00:24:37] Marlene Gebauer: Who’s going to test it?

[00:24:39] Craig Newton: I think it turns that million dollar litigation into like $500,000 litigation. You’ll be mad at it on summary judgment this way, Ed. Congratulations.

[00:24:46] Ed Walters: The Chief Justice seems to be pretty declarative about this. I think if you are a legislature and the only way that you have felt like you could codify your law in the past is by some sweetheart contract to a private publisher, it’s time to get an authorization of funds to your codification commission because from here on out, the public law is public and anyone can republish it. You don’t need to have a sweetheart contract with LexisNexis to publish public law.

[00:25:19] Marlene Gebauer: Okay. So Craig, as a self-proclaimed pessimist, how does this expand on the Legal Information Institute’s mission? Do you think it opens up doors for materials that you’ve previously not decided to put in your resources because of fear that states would sue?

[00:25:39] Craig Newton: So my co-director, Sarah Frug and I have talked about this and to be honest, we’ve had some initial conversations with some potential collaborators. First, the whole reason why state statutes were before the Supreme Court in the first place was because publicresource.org was putting them up. So Carl Malamud has them and I think there are probably other people who will be making them publicly available. And who knows, as I think Ed just addressed, who knows, you may even see some of these other states open up their code and sort of up their open access game, if you will. So the state statutes are probably taken care of and now I think there’s another question I hope we’ll get into about what else is open or possibly open under this opinion. I’m looking forward to disagreeing with Ed again and letting Kim be the tie-breaking vote again since she agreed with me on the first point. I don’t know that I did, Craig.

[00:26:43] Marlene Gebauer: Excuse me. Wow, what a setup there.

[00:26:45] Craig Newton: Nice try. Never stop litigating. But anyway, to answer your question, it’s really been a long time since we at the LII have seen ourselves of being in the business of just putting up materials that weren’t otherwise publicly available. I mean that’s the kind of thing we were doing in the first decade or two of our existence and we’ve been around almost 30 years now. Now we’re more about enhancing and connecting data in ways that other less comprehensive or less experienced free law folks might not have the wherewithal to do. So what we see ourselves bringing to the table in terms of state materials or other collections of this sort is being able to provide enhancements and readability or usability, if you will. And since state statutes are fair game, if we can find partners who want to do interesting things with them, then that’ll be really exciting for us. But as we were joking about, or maybe not joking about, the continuing specter of litigation over some of this stuff, I’m not sure that’s going to completely go away. And there’s so much to do in the open access community. If you’ve got this one bucket of projects that don’t have any copyright issues and you have this other bucket of projects where you have these copyright claims, no matter how dubious, then I think there’s going to be a natural gravitation to sort of still continue to steer clear of issues or collections where the copyright status is still a little bit up in the air. So we’ll see what actually changes. But again, we’re talking to people, we’re looking at some things, and we’ll see what happens.

[00:28:22] Greg Lambert: Well, now I think it’s time to get into some of those other issues that you’re talking about, Craig. The first thing that I thought about was, what’s the difference between these types of annotated statutes and copyright claims and, let’s say, standards regulations, where the state outsources this to some type of professional organization that creates the standards around, say, electrical codes. The publishers have kept an iron grip on those and has quickly slapped down anyone that’s tried to say that there’s no copyright claim to that. How does this Georgia decision affect other types of materials that the state may have outsourced to third parties?

[00:29:18] Kim Nayer: Oh, when I think about this Georgia decision, I find myself not surprised by it. And I don’t know if that’s because I also am an optimist or because I just found that 11th Circuit reasoning highly persuasive. I found the factums of the Amici very persuasive. And I also had just, you know, I was really go Carl on this one because he, as you might remember, did not have to bring this. He did not have to be at the Supreme Court. He could have taken his 11th Circuit victory and said, we’re clear in Georgia. But instead, he did not oppose the motion. And he said, yes, please, SCOTUS, I want to hear from you too on this case and a huge risk in his words, a squeaker of a result. And so where does that put other publishers? I think, you know, part of me wants to encourage publishers to take risks. I have been encouraging our friend Ed here to think of, for example, Canadian law as being game for inclusion in wonderful products like Fastcase. There are issues that concern for profit publishers that I don’t think would concern Carl. And I have to say that that’s a market that I would love to see publishers try to push in on. As you might know, when a similar issue of sorts was brought tangentially to the Supreme Court of Canada and the 11th Circuit case was one of our strong authorities that we argued on, as well as those. What were they, 18th century cases that relating to case law banks in Manchester and whatnot, really making the case that we need to move on from an era where law should exist in classes at all or in tiers at all. People cannot know their rights unless they can access the law and people cannot know their rights and access the law until they can access the official authoritative source of law and not what chunks and pieces they can find on the Internet.

[00:31:25] Ed Walters: Kim, would you mind saying a word just about what would happen if Fastcase, for example, published the case law for Canada? Would we be sued by the Queen of England?

[00:31:37] Kim Nayer: I’m trying to determine who would sue a publisher who did that. So, to date, you might know that the Canadian Legal Information Institute, or CANLI, inspired by Craig’s Legal Information Institute, publishes a good chunk of Canadian law, primary law and legislation and case law, large quantities of it. And they do that by agreements. I don’t know. I don’t work for them. I don’t know what’s exchanged, but they do that by permissions and agreements. There is also an executive order authorizing anyone to reproduce federal law. I should check myself, but there’s an executive order authorizing some republication of federal law. So, that exists. There is permission granted. Interesting, in that federal order, there’s no actual claim to copyright in the law. There’s just a statement that allows people to use the information on this site as official law.

[00:32:37] Ed Walters: Do you want to say just a word about Crown copyright, though? I think you’re very familiar with it, but a lot of the listeners of this podcast might not be.

[00:32:47] Kim Nayer: That’s right. So, I think a reason that, Ed, you’ve told me you’re hesitant to get into Canada, into the Canadian market, is this concept of Crown copyright, which is an ancient holdover from the UK. It’s ancient in Canada as well. The section hasn’t been substantively changed since 1911, I think. In the words of the statute, this is a section of the Canadian Copyright Act that sets a term of copyright protection when something is produced by or under the direction and control of the Government of Canada. It’s very similar to the Government Edicts Doctrine, and it’s a specified term. There’s also a portion of this section that is subject to the prerogatives of the Crown. That is where this supposed source of authority of ownership of the law comes into play, because very clearly, statutes and case law are not published by or under the direction of the government. Judges have said that in case law. There is a very clear and important case in Canadian law called CCH in the Law Society of Upper Canada, in which the court says very clearly it would not be an infringement of copyright to reproduce the judgments without the additional material that publishers may add. If it is the judgment alone of the court, that is free of copyright. They didn’t say quite so in those terms, but the point was it would not be an infringement of copyright to publish or reproduce the reasons alone. I think Crown copyright is a confused area of law. It has only been considered once at the Supreme Court of Canada. That was in a case that I was in last year where we brought this sort of tangential argument. They agreed that this section is confusing, is in need of amendment. They agreed that we raised a number of very good issues relating to the status of copyright and primary law, but they declined to rule on it until they could hear it argued more fully. So Crown copyright, there is no expression anywhere in it that creates a copyright in the Crown. The Crown copyright section merely sets a term of protection when copyright does rest in the Crown.

[00:35:13] Greg Lambert: Well, I think Ed should take the case and get sued in Canada. It would still be a million-dollar case, but it would be in Canadian dollars, so it would be like a 20% discount.

[00:35:23] Kim Nayer: It’s a good time to do it. I think it’s $1.40 to the dollar right now.

[00:35:28] Greg Lambert: There you go. See, Ed, it’s a bargain. Let me check with Ed on this. What about the codes, the regulatory codes that states outsource? Is that now open for someone to take and publish online and rely upon this decision to say, look, it’s got the enforcement of law. It’s been adopted by the states. This has the force of law, so therefore people need to be able to see this, and it shouldn’t be behind a paywall. Do you go that far?

[00:36:06] Ed Walters: Well, I think the short answer is we’ll find out pretty quickly because this exact issue is being litigated right now at publicresource.org. It’s the ASTM, I think.

[00:36:16] Greg Lambert: No moss grows on Carl.

[00:36:19] Ed Walters: No, he can see what the next steps are. The question is, for standard- setting bodies where they create a model code that is to be adopted by counties or states, by lawmaking entities, when those states adopt the model code into law, can anyone publish them? If there’s a model fire code or a model reg for the safety of child toys, when a government publishes that into law and it has the imprimatur of the state, does it then pass into the public domain so that anyone can publish it? Now, standards-making bodies have said, if that is the law, we’re going to go out of business. You won’t have any more standards because we are paid by the states for these proprietary standards to be included in that state’s law, and because we have the exclusive franchise in the standards that we make, we can afford to pay very smart people to put them together. I don’t think it’s much of a stretch to read the reasoning of the court here to apply to those standards very clearly as well. If an agency is acting on behalf of the people and it adopts a standard into law, and that is the only exposition of the official law, it’s a regulation, not a legislation. But I think the reasoning stands very clearly to say that when they are acting on behalf of the states, even if some of the work is done by a private publisher, the work that they produce is authored by the people constructively, and so there’s no copyright in that output. Again, I think there was an argument in the Georgia versus publicresource.org case, and there’s an argument in the ASTM versus publicresource.org case that goes something like this. If you say that these things are in the public domain, we will no longer be able to carry out this function. The private publishers can no longer carry out this function. There’s not enough financial incentive for LexisNexis to create the annotations to the Georgia code if they don’t get the exclusive franchise to publish exclusively the official code of Georgia annotated. If you don’t give standard-setting bodies the exclusive franchise in what they create, even when it’s adopted into public law, you will no longer have standard- setting bodies, to which I would say it might be true. It’s probably not true, but it might be true that people who have been able to claim some sort of exclusive franchise in the past on public law may have to change their business model. If your business is that you are the only authorized seller as a private publisher of something that has become public law, you need to change the business model. In this case, Georgia’s legislature argued before the Supreme Court, if we can’t have this kind of exclusive lockup with a private publisher and grant them the exclusive copyright to the official code of Georgia annotated, we won’t be able to do these annotations in the Georgia code.

[00:39:34] Marlene Gebauer: What are they going to do? How are publishers going to protect themselves?

[00:39:38] Ed Walters: Well, so I’m a publisher, right? And I would say that it’s two separate questions. How publishers protect themselves, I think, is maybe this much smaller question, the less important question. I think the bigger question is for the public. If we think that the annotated codes are important, how do we continue to protect this public resource? And I think the answer is probably the same in both cases, right? The way to do it, in my opinion, is to say we’re going to have an official code that is the one official code that is unannotated, that everyone can use, right? It is in the public domain. And then if LexisNexis wants to create an annotated version of it and sell that as their exclusive product, that’s great. They can use the official code of Georgia, unannotated, but the official version of it to create their own private code. They can annotate it. They can mark it up. They can do all kinds of editorial magic. Lexis is great at this, and sell it as a private collection. By the way, exactly how Lexis does this in states where there is only one official code, right? So do the same thing in states like Georgia as they do in states like Texas, right? And so I don’t think that there is a big threat to publishers here. You know, Fastcase does this all the time. We’ll take an official code, and we will add value-add tools to it. We’ll add our own annotations to it. We’ll add all kinds of interesting things that make it useful working with the public, open, official codes. Publishers, I think, are going to be okay. I think Lexis is going to make it. The real question for me is, how is the Code Commission going to be able to do its codification work, and how can it support that? And this may require additional allocation of funds. The Code Commissions may need to be staffed up a little bit more, or they may need to find some other, you know, really interesting tie-in with Lexis. I could imagine, for example, in Georgia, the Commission saying, Lexis, we’re going to pay you some amount of money to do the work that you’ve done in the past. We’re going to create a public, open, unannotated version of the Georgia Code. And then you can license the seal of the legislature, you know, from Georgia for your annotated version of the code. You create the Code of Georgia Annotated, not the official Code of Georgia Annotated, the Lexis Code of Georgia Annotated, right? Name it after a publisher like McKinney or Vernon or somebody, and, you know, release it as your proprietary product. But then through the licensing arrangement, the state gets some discount on the services. But I’ll hold out one more thing. Greg knows more about this than almost anybody. States can do this, right? States can be the publishers of their own codes. It is easier than ever to do this. States can create annotations for these codes. There are better tools than ever to do this. And I’ll make this claim right now. Any state that feels like it is jammed and can’t create its own annotations without granting some exclusive franchise to a private publisher for their codes and taking the public domain and paywalling it, Fastcase will help. We will step in to your state and help you create the annotations and help you create your official code. You absolutely can do it. There are so many states that do, and the tools are easier than ever.

[00:43:09] Greg Lambert: And my team and I will step in and we will do a lot of the heavy lifting to help you get there yourself. You can totally do it.

[00:43:18] Marlene Gebauer: Anybody else have any comment?

[00:43:20] Kim Nayer: I wanted to hear a little bit more from Greg, actually. Greg knows more than anyone. Tell us more, Greg.

[00:43:27] Greg Lambert: Yeah, that’s like 20-plus years of experience, right?

[00:43:33] Ed Walters: Greg was one of the first.

[00:43:34] Greg Lambert: Yeah, we did the same thing in Oklahoma, starting with the case law. And then we worked somewhat with the legislature. The legislature was actually pushing out the bare bones statutes. And then we would take it in the court system and add it into our information, and then we would cross-reference it with the cases. So if cases cited to the statutes, that showed up. And again, this was in 1997 through 2001 when I was there, so this is not new by any stretch of the imagination. It just takes some willpower on the state to make a determination that they’re going to make sure that their citizens have access to their law. You can ask almost any member of the Oklahoma Bar, and they will sing the praises of the state, allowing them to access the information freely, openly, and also officially. Those are the official decisions. And to cite to those is to cite to the official documents of the state. So it can be done. It’s just a matter of, does the state have the willpower to do that? And it might mean that you go up against a couple of the big publishers in order to kind of disengage them from the process of essentially owning the state laws.

[00:45:16] Ed Walters: This is OSCN, right?

[00:45:18] Greg Lambert: Yeah, the Oklahoma Supreme Court Network or State Court Network, I think, is what we refer to when we stop just doing the Supreme Court decisions.

[00:45:28] Kim Nayer: What I love about all of what you said, Greg, there is that you didn’t use the word copyright in there once. And that to me is one of the more troubling aspects of all of this is why we are talking about copyright in connection with making publicly owned, publicly created law available and accessible to the public. How this became an issue of copyright is a puzzling matter to me.

[00:45:57] Greg Lambert: Well, I’d say there’s probably three reasons to that.

[00:45:59] Craig Newton: It’s money, money, money, and more money. And on the issue of regulations, correct me if I’m wrong, Ed, or anyone else, but it’s, you know, even before you get to the issue of the work of standard setting organizations incorporated by reference, there are a handful of states that either claim copyright in their regulations outright, or put them, you know, either in some sort of licensing structure or limit access through terms of use online, etc. Such that even before you get to the incorporation by reference issue, you got a real problem if you’re trying to access these in a meaningful way.

[00:46:44] Ed Walters: Yeah, it’s true. We’re living proof.

[00:46:46] Greg Lambert: So I mean, there’s, you know, there’s, there seems to be there seem to be other, you know, easier questions in terms of in terms of where the next battleground, so to speak, should be on this stuff, even before you get to the harder questions of a case where a standard setting organization has done its work, and then a state comes along and essentially scoops it up and says, Hey, that’s the, you know, that’s the the code of our jurisdiction now.

[00:47:16] Kim Nayer: That issue, you know, it was actually litigated in Canada, there is a case from late 2018 called Knight and electrical safety, something I don’t know the exact name, but it’s Knight, K-N-I-G-H-T from the Federal Court of Appeal, the Supreme Court declined to hear an appeal of it, even though there was a dissent. But Mr. Knight wanted to be able to make use of standards that were incorporated by reference in regulation, but essentially could not, because there was copyright in the safety standard, even though it was incorporated by reference in the regulation. And there was a disagreement among the judges as well about whether copyright should exist. And again, in the context of Crown copyright, whether the Crown somehow owned copyright in that now that it was part of the law. It’s an interesting read. It ends where it ends. I don’t know if another body is going to try to bring a similar litigation on a different footing, because this actually preceded the other case that we talked about. It’s not really helpful to any party, the outcome is not really helpful to any party, in the sense that we have got a situation where something really is part of a law. And perhaps the earlier question was whether it really ought to have been a copyright contractual relationship between the government and the electrical safety standard body or not.

[00:48:49] Ed Walters: I think Kim and Craig have identified the three next frontiers. Now that we’ve established that legislation is not copyrightable as authored by the people. It is going to be statutes, it’s going to be standards incorporated by reference, and it’s going to be terms of service, not copyright. Those are the kind of three next frontiers for public law.

[00:49:12] Greg Lambert: Well, I think that’s probably the best place to stop with this cliffhanger. And then when we get into those cases, I’ll bring the three of you back in. Well, Craig and Kim and Ed, thank you very much for taking the time to talk with us about this. This has been fun. Thank you.

[00:49:28] Ed Walters: Thanks for having us, Craig.

[00:49:30] Greg Lambert: Well, thanks again to Kim Nair, Craig Newton and Ed Walters for joining us and wrapping up our discussion on Georgia v. PublicResource.org.

[00:49:40] Marlene Gebauer: Yeah, it’ll be really interesting to see what the publishers end up doing because, you know, clearly this is a money source for them and they invest in this, but they’re going to have to figure out, you know, some other way, I guess, depending on how you look at this. Rather than sort of. Being the official annotated statutes.

[00:50:03] Greg Lambert: Yeah, it’s going to be interesting to see how this either does or does not affect the other states.

[00:50:11] Marlene Gebauer: Yeah, it’s really about how broad it’s going to be, right?

[00:50:14] Greg Lambert: Yeah, well, and if our two people couldn’t decide on how broad this was, there might be some more court cases.

[00:50:23] Marlene Gebauer: Oh, my gosh, we’re going to have to bring them on all again. Well, before we go, we want to remind listeners to take the time to subscribe on Apple Podcasts, Spotify or wherever you listen to podcasts. Rate and review us as well. If you have comments about today’s show or suggestions for a future show, you can reach us on Twitter at Gabe Bauer M or at Glambert, or you can call the Geek & Review hotline at 713-487-7270. or email us at geekandreviewpodcast at gmail.com. And as always, the music you hear is from Jerry David DeSicca. Thank you so much, Jerry.

[00:51:05] Greg Lambert: Thanks, Jerry. All right, I’ll talk to you later, Marlene.

[00:51:08] Marlene Gebauer: Okay, bye-bye.

[00:51:25] Craig Newton: You’ll notice that it’s still daylight, and the devil’s back from the barn, and the devil’s back from the barn, and the devil’s back from the barn.

This week on the In Seclusion Podcast, the discussion began a pivot away from how are we adjusting to working remotely, to how are we planning the slow progress toward reopening some offices. Let’s be honest, it is very possible that some legal professionals never go back to the office full time ever again. But, for some, getting back to the office is seen as essential for both their job, and maybe even their sanity. Take a listen to the five episodes from this week from a diverse group of legal professionals around the globe.

Monday, May 18th – Navigating So Many Rules as We Start to Reopen – Mary Jenkins, Accufile

Mary Jenkins, Director of Research Solutions and Senior Law Librarian at Accufile, contracts with multiple law firms and corporations ranging from smaller firms companies all the way up to some of the largest national, and international law firms. Trying to navigate the individual rules of the businesses, the buildings, and the local, state, and federal governments can be quite complicated, but it gives her some insights on what is working, and where she thinks we are heading as we look to reopen offices, and how this pandemic is going to affect us long term.


Tuesday, May 19th – The Distance has Kept Us Together – Colin Lechance, VLex

One of the themes I’ve picked up on with the now 41 episodes of this series, is that the transition to remote working environments caused by the pandemic was helped immensely by the increase in cloud and communications technology, as well as our need to work between multiple offices across vast distances. Colin Lachance from vLex solidifies that theme and tells how his recent international merger didn’t seem to slow the transition at all, in fact, it may have helped make that transition even more efficient.


Wednesday, May 20th – Expanding Community, Creativity, and Clients during a Crisis – Aurelia Spivey, Digitory Legal

While we may be in the middle of a crisis, there are certain processes and relationships we need to maintain in order to make sure we have those as we make our way out of the crisis. Aurelia Spivey from Digitory Legal and the host of the Pricing Matters Podcast discusses the need to maintain our community, be creative, and focus on the needs of our clients. These three C’s will be determining factors on how well we perform both during and after the pandemic and economic troubles.


Thursday, May 21st – Continuing our Connectedness… Just in a Different Way – Sherry Kapple, Litera

Sherry Kappel from Litera, flew back to the US just in time to avoid the travel ban on March 11th, and then immediately began preparation and action to move employees across the world to work from home. In the more than two months since this time, she has focused on interacting with her fellow workers, customers, and the legal community through virtual conferences and even daily tv-style presentations. She sees a future that continues to stress our ability to connect to one another… it’s just going to happen in a different way.


Friday, May 22 – We’ll Be Two Meters Apart, But Still Face to Face – Justin North, Janders Dean

Janders Dean founder, Justin North, has seen many downturns in the economy and legal industry before but he thinks that the ability for us to keep our stories alive on how we handled downturns before, has helped many navigate this particular situation. And through a bit of planning, and a little bit of luck, he finds his company accidentally ready for this pandemic. When we make our way back to the office, we’ll be two meters apart, but we’ll find ways to essentially be face to face.

While most of us in the legal industry were still finding their sea legs when it came to working from home, today’s guests were planning a moon shot experiment of creating a virtual legal conference completely from scratch. Haley Altman and Alma Asay from Litera Microsystems talk with us about their experiences in creating and producing The Changing Lawyer LIVE! virtual conference back in April. There were some victories, and some challenges along the way, but the end result was pretty impressive. As we enter the Summer, many other organizations are looking to do some type of online/virtual conference to make up for the cancellation that most organizations had to do because of the pandemic. There’s a steep learning curve, so we are grateful that Haley and Alma shared their experiences with us.

Listen on mobile platforms:  Apple Podcasts LogoApple Podcasts | Overcast LogoOvercast | Spotify LogoSpotify  

 

Information Inspirations

Google is shutting down some of its diversity and inclusion training programs because of either political pressure (which Google denies) or to establish global, scalable diversity programs (whatever that means.) Diversity and inclusion don’t just make the workforce look better, many studies have shown that it actually creates a more effective workforce, and drives profit to the bottom line.

Harvard Law School helped its incoming students with an online preparatory program called Zero-L. This series of videos and online training helped incoming students understand the processes behind the daily activities of a law student. Now that program is available this summer to everyone. We ponder if a top BigLaw firm might think of creating a Zero-Year Associate online training course that would prepare law students to understand the daily life of an associate and help them understand what the business of running a law firm looks like.

Listen, Subscribe, Comment

Please take the time to rate and review us on Apple Podcast. Contact us anytime by tweeting us at @gebauerm or @glambert. Or, you can call The Geek in Review hotline at 713-487-7270 and leave us a message. You can email us at geekinreviewpodcast@gmail.com. As always, the great music you hear on the podcast is from Jerry David DeCicca.

 

Transcript

[00:00:00] Marlene Gebauer: I keep telling you we should be doing videos and you keep saying I don’t have a face.

[00:00:04] Greg Lambert: I don’t have a face for a video.

[00:00:05] Marlene Gebauer: You keep saying that.

[00:00:08] Greg Lambert: Maybe someday, maybe after the surgery.

[00:00:19] Marlene Gebauer: Welcome to The Geek in Review, the podcast focused on innovative and creative ideas in the legal industry. I’m Marlene Gebauer.

[00:00:27] Greg Lambert: And I’m Greg Lambert. So Marlene, if you had to guess, how many Zoom meetings have you been on in the past couple of weeks?

[00:00:34] Marlene Gebauer: So if I guess, if whoever gets closest, do we get a prize or something?

[00:00:39] Greg Lambert: I don’t even know how to add these up.

[00:00:43] Marlene Gebauer: I know. It’s like, and is it personal or professional? Is it group or one-on-one? So, yeah, I have lost count.

[00:00:54] Greg Lambert: Yeah. So in the same vein, how many of these online presentations from vendors or other types of virtual conferences have you been on?

[00:01:04] Marlene Gebauer: Yeah, I’ve been on a few of those as well.

[00:01:05] Greg Lambert: Did they all go as planned?

[00:01:07] Marlene Gebauer: Well, you know, it’s the typical like, oh, you’re on mute. And oh, can you everybody see everything? No. Okay. Yeah.

[00:01:16] Greg Lambert: You’ve been on the same ones I’ve been on then. Exactly. Well, luckily, Alma Say and Haley Altman from Lutera are here to give us some of their experiences and suggestions on how to improve these types of online presentations and virtual conferences. So, but before we get into that, let’s go ahead and jump into this week’s information inspirations. Well, Marlene, apparently Google is cutting back on its diversity and inclusion programs for its employees. Yay. According to this NBC report that I saw, Google is cutting some of its longstanding diversity programs, and it is exposing the fact that its workforce, which is significantly based in the U.S., is primarily male, and it’s primarily white and Asian, with only about 9% of the U.S. workforce being black or Latino, whereas the makeup of the same population in the U.S. is actually about 29% of the population. The article states that this seems to be some sort of political move by Google during a political year. I know, shocked, we all are. But Google is trying to say that it’s actually trying to scale its diversity program and focus more on the global issues. I think I’ve pointed this out before, but I did want to mention the survey from American Lawyer Media’s Patrick Fuller, good friend of ours, where he showed a significant correlation between law firms who had diverse leadership and promotion into leadership that those firms showed a better long-term growth than those firms who did not have the diversity. So while it may be a bit of an apples and oranges kind of comparison between the massive complex that is Google and the legal industry, diversity programs and efforts to bring diverse employees not just into the workforce but into the leadership traditionally results in economic gains as well as improving the overall makeup of the organization. I really hope that Google is planning to address what is going on to replace these established diversity and inclusion programs.

[00:03:32] Marlene Gebauer: Yeah, I mean, I really think that the research is in terms of how it is overall better to basically have a diverse group working for you than not. So Greg, my inspiration is about Harvard making online courses for incoming students available to all law schools for free this summer.

[00:03:54] Greg Lambert: Free.

[00:03:54] Marlene Gebauer: Yeah, free. We like free. You know, that’s a theme. So traditionally, Harvard Law School was once a place where first year students were told in orientation to look to your left, look to your right. One of you will not be here next year.

[00:04:09] Greg Lambert: Yeah, I was surprised because I was the one in the center. I was expecting I’d be gone.

[00:04:15] Marlene Gebauer: So luckily, that is no longer the case. In fact, Harvard and most law schools work very hard to make sure that students are given opportunities to succeed. And they help by creating programs that students can attend to plug knowledge gaps. Now, Harvard Law School created an online program called Zero L in 2018 to help their incoming 1Ls understand what to expect that first year. Because of the pandemic, Harvard is making the Zero L online program available to everyone this summer. Now, this seems like a great experiment to see how many people, even those who aren’t going to law school or even those in law school now–. going to law school or even those in law school now.

[00:04:56] Greg Lambert: Or even some of us who finished law school years ago.

[00:05:00] Marlene Gebauer: Exactly. Some of us want to see how much we’ve retained so they can take advantage of these recorded courses. So how great would it be if a firm like Wachtel or Skadden were to create something called the Zero Year Associate, where they took the same sort of concept and taught law students what to expect when they go to work for a large law firm? That would be another fascinating experiment that I think would work well in the current environment.

[00:05:29] Greg Lambert: Yeah, I think it would be, you know, we’ve got a summer program that’s, you know, shot. Let’s just face it, it’s not going to be great. It’s time to experiment with some things like this. I think that’s a great idea.

[00:05:45] Marlene Gebauer: Yeah, exactly. And that wraps up this week’s Information Inspirations.

[00:05:55] Greg Lambert: Marlene, while you and I have been using Zoom and other video conferencing software for a couple of years now, I don’t think that either of us would say we’re total experts, would you?

[00:06:04] Marlene Gebauer: I certainly wouldn’t admit to it. So today’s guests, Haley Altman and Alma Ase from Littera, talk about their experience and experiments with using tools like Zoom, YouTube Live, and other online collaboration and presentation resources. And they give us some of the do’s and don’ts of live interactions. We’re so happy to have Alma Ase and Haley Altman from Littera join us today. Welcome to The Geek in Review.

[00:06:35] Alma Say: Thanks for having us.

[00:06:36] Haley Altman: Thank you.

[00:06:37] Greg Lambert: So Haley, you’re the, and I’ve got the titles off of LinkedIn. So General Manager of Transaction Management at Littera Microsystems. I think while it’s a little bit long, I think I completely understand what it is that you do. But can you tell us what you do at Littera and a little bit about what Littera is for those of us who may not know?

[00:06:59] Alma Say: Yeah, absolutely. So yes, I am the General Manager of Transaction Management. What that means is we’ve got, you know, at Littera, we have a couple of different product lines. I could probably start there and then I’ll explain what I do in reference to the company. So we look at the whole drafting lifecycle. How do you take a document from kind of the first draft all the way to final delivery? And so whether that’s creating, proofreading, really building out and checking these documents all the way to taking them and putting them into a transaction and bringing them all the way to the final aspect of it. So there’s a lot that goes into kind of running these different transactions. And so we have a workflow management tool that helps transactional attorneys get their deals done. And so I actually manage the overall transaction management area. Like what is the product? What are the needs of our customers that we’re serving? How do we bring it to market and how do we kind of build a work with our customers to help them adopt? So I’m trying to think holistically about an entire area of kind of product that we’re delivering to the market.

[00:08:07] Greg Lambert: All right. And Alma, so I saved you for a second because your title is much shorter. You are an evangelist at Latera. Now, I have an uncle who’s a Pentecostal preacher who’s an evangelist, but I think you’re probably, it’s probably a little bit different. Can you tell me what does an evangelist do at Littera?

[00:08:30] Haley Altman: Yeah, quite different. So my position really has three components. The first is to help elevate the brand and visibility of Littera, make sure that people in the legal community and even outside the legal community know what Littera is, know what value we’re able to bring, and just use my network and my experiences to inject Littera into the conversation where it might not otherwise be. The second component is representing customers when I’m at Littera. So really taking that time that sometimes other people don’t have the time to take to sit down and have one-on-ones with customers, with other people within a law firm or within a corporation, and just forge those deep relationships where I can actually get to the root of what our current needs, what our upcoming needs, what’s happening in the industry, and bring that information back to Littera to make sure that we’re best representing where our clients want us to go and where the industry wants us to go. And the third component is to take my litigation experience and help them as they’re putting more of an emphasis on the litigation side of things. So they have a tool called Litigation Companion, and they’ve been in the litigation space, but not nearly to the extent that they’ve been in the transactional space. And so the timing worked out well for me to come over and help develop that litigation drafting process. They recently acquired Best Support, so we’re looking at how to integrate that with their litigation companion. So those are kind of at a high level, those are the three components of what I do as an evangelist.

[00:10:10] Marlene Gebauer: So I’m going to change the focus just a little bit. When we hit the tipping point in the pandemic, we started working remotely, right? And I think Greg and I have pinned March 11th at that point because… Tom Hanks and Rita Wilson announced that they had COVID-19, and President Trump put out a travel ban that day.

[00:10:32] Greg Lambert: And that seems like a long time ago, doesn’t it?

[00:10:34] Marlene Gebauer: Doesn’t it? It feels like a year ago. Most of us were trying to find our footing on what we’d be doing each day, how we’d set up our in-home offices, and businesses started pivoting to provide services for this new environment. Now, Latera started doubling down on content and education, and not just for its own clients, but for the entire industry. There were blogs and webinars and live daily video presentations and interviews, and even a virtual conference that was set up within the first month of the transition point. Why did you decide to go in this direction?

[00:11:17] Haley Altman: Haley, I’m definitely going to toss this one to you because I started at Latera on March 17th. And I think on March 18th, Haley informed me that one of my first jobs would be helping her to plan this never been done before. Latera had never had a conference before, much less this new kind of conference. So she just informed me that I would be helping her plan this conference and that our plan was to do it the next month.

[00:11:50] Marlene Gebauer: So Haley’s middle name is Ambitious, right? For sure.

[00:11:54] Haley Altman: Pretty much.

[00:11:55] Alma Say: Well, you can see like an almanac. So the part of the way I became the general manager of transaction management is Latera acquired my product, Foxly, and they acquired another product called WorkShare Transact. Part of my job has been to figure out how to combine all these things together and put it out to the market. I think one of the things when we started in transaction management is the idea of thought leadership, like, what is this area? What are we needing to build? What is the market need and getting the idea of like, what is that content that we can provide and educate people on? And so we just had a very focused thought leadership side. And when this happened, you know, the team had already been pretty adept. Like our management team was really good at, like, understanding what it needed to make the shift to work from home. So we made a very quick employee shift in terms to what are we going to do? How are our teams going to get set up? How do we send monitors? I mean, I think I sent Alma a headset before she even started. So I was like, you’re going to need this. I was like, we’re going to need this. So we’re like, OK, the logistics, like we got an amazing executive team. So the logistics were figured out. And so then it was just like, OK, we are a really big company and we’ve done a lot of stuff. And what can we give back to the market as everyone else is trying to figure this shift and change out? And so we really thought like one of the things that we can do to help. and one of the things that we can do is just help bring content to people. And we wanted it to be different. We knew there was going to be a lot of content around what do people need to do with the different changing regulations and what how are they going to handle employment matters? But we wanted to say, OK, we can do more than just, you know, kind of do product webinars on the different drafting tools we have or the different things that we have or how you could use them. We wanted to be more market facing and say, OK, this is changing for a lot of people. We have a huge group of people with different experiences. How can we help leverage what everyone is doing, what we’re seeing, the customers we’re talking to and start getting that out there? And so we wanted to give all of the law firms a forum to be able to share all of the innovative things they’re doing as they make these transitions in-house people. And so we just knew that how we were positioned, the client base we had and the reach we had, we could do it. And so we figured, you know, let’s just be ambitious and let’s try. And so it was really just this idea of how do we level up all of our content? How do we level up our approach? So this Latera TV was taking our webinars and turning it into daily content that people could get and use. And then I love conferences. And so then it was just like, gosh, we’re not going to be able to see each other. We’re not going to be able to, like, learn and hear from each other. So what can we do to just quickly start to say, how do we replace the things that we’re going to lose?

[00:14:45] Greg Lambert: One of the things I got to do with you guys was the live virtual conference that you did, which you named the Changing Lawyer Live. I like to say it like that. So this was all day, yeah, with the hands. This was an all-day event or pretty much all day via Zoom and YouTube. I think you had three very highly regarded keynote speakers and a number of well-respected panelists. And you had me there, too. So this really did seem like a kind of a, especially as fast as you guys got this thing out. This seemed like a real shoot for the moon type of event where there was just so much change. What was your reason to try this style of virtual conference so soon after the world was disrupted?

[00:15:46] Alma Say: I mean, I think what we wanted to do was just bring something to market for people that would get them out of the doomsurfing.

[00:15:56] Haley Altman: Yeah, if that’s what you’re looking for. Just bring like the tiny question.

[00:16:01] Marlene Gebauer: That’s a question later.

[00:16:06] Alma Say: So what we wanted to do in the idea of bringing an event is Latera hasn’t done an event before. And so we wanted to challenge ourselves to say, okay, what can we do to bring content to the market? So what does that content need to be? And what we thought of is that there’s so much that’s changing and there’s so many experiences that are both from the legal industry, but also outside of the legal industry that we could bring in. So we wanted to challenge ourselves to look at what’s going on and what’s happening to the law firms, to their clients from different perspectives. So that was the whole idea of bringing in keynotes that were not from the legal industry, but they all had ties into that industry. and that none of them were legal in specific, but they all had ties into that industry. And so we really wanted there were certain themes that we thought that would be really resonate with people that would get them out of this, this kind of the the repetitive nature of just like kind of seeing a new COVID release and hearing something else on Twitter. We wanted to kind of share things from different perspectives. How have people survived these tough situations in other contexts? So how is a business that got hit in the recession of 2008? What did they do that got them through? And how did a person whose life got upended? How did they get through? So we wanted to tell a story of of what you can start thinking to make it to move it forward. And the reason it was called The Changing Lawyer Live is Latera’s always had a publication called The Changing Lawyer. It’s all about thought leadership and how the legal industry and the legal professions are changing. And so we wanted to kind of continue that with a focus on what’s going to potentially change right now. on what’s going to potentially change right now. And so our goal was to really try to think holistically, all of the different areas within a law firm, within the client experience that are changing, and all the insights that other people could take from different areas. So we really wanted to kind of bring something that would be different. that wouldn’t just be legal, but would really kind of hopefully give people some context of what they can do or how they can move forward.

[00:18:03] Marlene Gebauer: Well, to those in the audience, it may have seemed like a seamless event, but look, we do a podcast, and so we know that the preparation and all of the moving parts, having so many presenters involved. I am sure that it made for some headaches on the back end. So can you tell us a little bit about how you decided to set everything up, and what were some of the good and some of the bad things that you learned that day?

[00:18:34] Haley Altman: It was a lot of back and forth between myself, Haley, and the marketing team. So Haley and I, we kind of shoot for the moon, and then we’d go to the marketing team and keep trying to shoot for the moon, and they’d tell us what’s possible, what’s not. And, you know, Haley touched on the speakers. And she had this bold idea that we could go out and get some of these really high profile speakers, not necessarily from the legal community, because all of these events had just been canceled. And these speakers were probably available and more open to doing something virtually. And of course, that’s also less expensive. You’re not paying for travel. And also, again, you have all these speakers who suddenly have lost their paying gigs for the next few weeks or months. And so, you know, we got excited about that off the bat. And one of the good things was, and a lot of this may have been because of the circumstances, but it was much easier than I thought it would be to get these kinds of speakers. And credit to Latera’s marketing team. They made it seem very easy. They, you know, reached out. They figured out how to get in contact with their agents. That all actually fell into place so much more easily than I would have imagined. And then, of course, we had to put together the rest of the panels. and the breakout or the breaks during the day. And it really helped that Haley and I have deep networks in the legal community. So, you know, I went back to the evangelist team and there were four of us and we all come at the same issues with different perspectives. And so we were able to talk through what the panel should be and come up with things that felt both timely, but also, you know, would have outstanding speakers, people that the legal industry knows and would want to listen to. And so then Haley and I reached out to people with some help from the other evangelists. You know, we kind of came up with our dream slate of speakers and we got most of them. What was interesting, and I would say the bad side, was the hardest category of speakers to get were actually from corporate legal departments. And while it’s always difficult to get speakers from corporate legal departments, there are a lot of people who speak at industry events. But what we discovered that was unique to this time is these corporations had no idea what was okay to speak on or not at this point. You know, everything was happening all at once. They didn’t know what their own plans were, much less how comfortable they were with their people going out and speaking publicly about what their plans might be or what they were seeing. They hadn’t decided, you know, which of our issues are internal to us, and we don’t want to share versus what issues are common across every company right now. And so we should all be talking about them. And so I reached out to people that I’ve met at conferences, I know they speak, I know their companies are comfortable with them speaking, and it was a no-go. So that was something, you know, a challenge that we didn’t necessarily expect to run into when we were developing the panel topics. And ultimately it all came together, but it was way easier to get high- profile speakers and way harder to get corporate legal department speakers than we anticipated.

[00:21:58] Marlene Gebauer: First, all I needed to do was talk about force majeure and at that point, you guys could have had the entire conference on that ’cause everybody had that problem. And secondly, I wanna give kudos to you guys because if you were taking breaks and people had to go to lunch and they all came back at the right time when they were on their own and they didn’t have to go to a place where other people were, it’s very well done. In light of those things. So how is this sort of event presentation different from say the normal Zoom meeting? I mean, I just, did you have a coordinator or something? I feel like you would almost have to and have someone kind of like behind the scenes on a set basically saying, okay, you’re going to be up and.

[00:22:46] Alma Say: So we had a schedule so we had a schedule of when everyone was going on when people needed to be promoted and so we did the we had a big debate one of the big debates is how do you run it do you run it through a conference app do you run it through zoom how do you do it so the back end of ours was actually through zoom webinar. Now we hosted it on our website so that people didn’t have to go in and out of different zoom meeting rooms. We didn’t want people to have to figure out what time based on a global audience. We wanted people to be able to just see the screen and see everything that was going on. And so that also kept us from having to make sure that people’s like other people were hidden and who was the one that was visible. So there were a couple things that we had there but then so we had to have the marketing team put together this like masterful schedule of when people needed to be on. So here, you know, Avinash is kicking the conference off. So Scott and I have to be in the waiting area by a certain period of time because then he’s going to introduce us. That’s when we actually started to run into the first problems of promotion. It takes a second to promote someone to active live speaker. So in the beginning, Avinash would say, and here’s Scott and Haley, and there would not be a Scott and Haley necessarily immediately. And so we learned quickly. And I will say the marketing team was amazing. We had a separate Teams channel where we’re messaging saying, okay, this is what we have to iterate for the next speakers. This is what we have to do for the next people. So then we realized you could promote people but keep them off video and they wouldn’t show on the screen. But then all they’d have to do was turn themselves on video to show. So you could have people in there and then as soon as they were introduced that we did things like that. So you had someone that was kind of saying, okay, when do we promote people and they had to have their button on. Then you had someone else. It’s like, hey, we’ve got these four panelists in the waiting area or we have three, we need the fourth. So someone text message that person and get them on here really fast. But we also learned that when you then publish that to YouTube, there could be a delay in terms of like how the videos got processed. And so there’s a lot of things that we learned during it, because you’re learning as you go. But it was amazing to see like the marketing team just did so much upfront work to think about it and to move it through. And then, and I mean, Alma and I tried to think of a lot of things too. And that’s why there were breaks, we knew that people would need to get up and go do something. We needed like time in between all these speakers. And so we tried to get 15 minute little segments where you could, if you’re able to watch, you’d get like some really good insight into how to network better or what’s going on in access to justice. So, so we tried to think of all of the transitions so that we could move from keynote to panel to like the next thing. So we, we kind of built these different moments in all the way through to kind of the happy hour. Which was another logistical component. How do you take all of these people and bring them into a place and allow them to interact and pick up some of the things that you would have gotten at a traditional conference. And so there were some logistics. So we just, we had a just an honestly an amazing marketing team that took all these things that we said, hey, we got to make all of this happen. And then they were like, Alright, and here’s a schedule. And here’s where people need to be. And we’re going to use Zoom webinar for this. And we’re going to use Zoom, normal Zoom for the happy hour. And then let’s just figure out how to kind of move between everything. And it was, so it was impressive. But there were moments, I mean, Gretchen Rubin’s did an amazing talk, but her video didn’t work the entire time. So you have a behind the scenes, someone get her headshot up, add her headshot to the thing. So it’s not just a blank, here’s her name, like, so you’re like, on the fly, like trying to figure out how to solve for these different problems. Or is this buffering? Like, what do we do?

[00:26:43] Marlene Gebauer: Like live TV, live TV in the 50s.

[00:26:48] Greg Lambert: Yeah. I was gonna say, it reminds me of Saturday Night Live, so you need a good producer and a lot of good directors. Um, would there be anything that you would would have done or would do differently if you were, if you do this?

[00:27:00] Haley Altman: I think we would have liked to have had more time and for there to have been more options for platforms. I think one of the things that will come out of this time is a boom in virtual conference platforms. And there are a handful out there now. What we discovered is that when we were investigating the different platforms, many of them took a month or even two to get up and running. So once you sign the contract, then there needed to be quite a bit of lead time. And of course, we were determined to get this out the door within a month. And so that constrained us a little bit in terms of what platforms were available to us. And ultimately, I think we did the best we could do with the platform that we had. But there were things that we would have liked to have done, like include more interactivity and audience engagement throughout the day. And, you know, that was difficult to do using Zoom webinar. We could have had a more open Zoom experience, but then you hear these horror stories of people jumping in. And so we wanted to control the experience, this being kind of the first time and not just for us, but also one of the first legal industry virtual conferences to go out like this. You know, we didn’t have a lot of other people’s lessons to learn from. And so, you know, there were things that we did to lock it down and make sure we would have control that limited our ability to have people engaged. We also during one of the keynotes, we would have otherwise liked to have shown some clips of video, but we didn’t, we didn’t know how that technical transition would go. And, you know, you can test these things out, but day out, they’re always going to be issues. And so we thought, well, if it’s not that critical, let’s skip that piece and just make sure we have a flawless keynote. And, of course, you know, what happened with Gretchen was outside our control, and that one wasn’t flawless. But there, there were things that I think we would do differently, having learned from this experience. And also now getting to learn from the experiences of other people who are now doing conferences in the legal industry and other industries.

[00:29:18] Marlene Gebauer: Greg and I can appreciate sort of using the KISS principle. It’s like, you know, if it’s not critical, it’s like you just keep it simple and stick with that. So what are you seeing in the legal industry, you know, when it comes to these types of online interactions between lawyers, clients, staff, and others? Is it paying off? Or is it changing relationships?

[00:29:44] Alma Say: I do think you’re seeing a lot of different things. I think you’re seeing more webinars. I think that’s the one thing that’s like, but you know, the question is, is that changing things? Because it’s a lot of content that’s a lot of the same. People are doing a lot of twists on similar webinars. And so they’re trying to find ways to engage with clients and bring clients information. So I think, you know, lawyers are trying to pivot, like, you know, how they can engage with clients, because they can’t go to different events where they might see them. And so I think you’re seeing a lot of shift to thought leadership, how do we really engage people? How do we kind of bring them in? I mean, I think, you know, one of the things we heard when with talking to some of the keynotes is the importance of lawyers engaging with their clients, when it isn’t about a specific task that they need to do. Right now, clients need their lawyers to understand their business, to be a sounding board over these bigger things. So I think the one thing that, you know, you see a shift to webinars, but I think you also need to see more people just engaging with their clients. Just directly kind of reaching out to them and seeing how they’re doing. I think that’s the thing that’s going to really change the relationships, understanding their business. Understanding what they’re going through, just helping them just kind of wrap their heads around what’s changing with their businesses right now and what they need to be aware of. So I do think you are going to see, you’re starting to see changes. But I think that there’s just, we have to expand our own minds as attorneys to think I don’t just need to call my client when it’s in reference to a specific matter. Sometimes I need to just take the time to understand them as a business, to understand what they’re going through as a leader, because everyone’s going through a lot. And so I think hopefully we’ll start to see more of those changes where the engagement is not just about what specific tasks. Can I look at a force majeure provision for you? one of the things like it’s always out there, but it’s like, hey, maybe we shouldn’t. Maybe we should prioritize what vendors are the most important things for you so we can figure out So I think I think you’re starting to see the changes and you’re starting to see a move towards more content as opposed to just like task-based interactions, but I think hopefully that’ll continue to evolve. I don’t know, Alma, anything you think about that?

[00:32:01] Haley Altman: Yeah, I think that there is a deepening of relationships across the board. I think there’s this sense that we’re all in this together, but there’s also this sense of it’s okay to let the personal crossover into the professional. I mean, we’re all seeing each other’s homes, we’re seeing each other’s pets, we’re seeing each other’s kids and significant others wander through the background. And so you’re getting to know people on a more personal level, which is a little counterintuitive because here we are all separated, and yet the interactions feel a little more personal. I also think that it’s an opportunity to deepen the client-lawyer relationship, not only in the ways that Haley mentioned, but also in the ability of lawyers to be adaptable and proactive. So not only are lawyers learning about clients’ businesses, but are they being proactive in reaching out to their clients and saying, Hey, there’s this new law that came down. We’ve become experts on it in a hurry because there’s all this new legislation, there are all these new issues coming up. And so whereas the lawyer before might have known what a force majeure provision is, that lawyer hasn’t necessarily ever thought about how it might apply in practice. These are not provisions that are the make or break in most deals, if any, before now.

[00:33:15] Marlene Gebauer: The throwaway provisions until now. Yeah.

[00:33:21] Haley Altman: Exactly, and so I think this is an opportunity for lawyers to step up and for clients to really see how adaptable and proactive their lawyers are. Do they have a lawyer who can do an amazing job and apply the law that’s been around for 50 years impeccably? Or do they have a lawyer who can both do that, but also become an expert in a hurry and understand their business in such a way that they can apply a law that was passed yesterday? in circumstances that are unprecedented in order to help drive that business forward.

[00:33:53] Alma Say: I will say one other thing really quick. I didn’t know that this just actually, I just have started seeing this happen. I’ve now seen more law firms start to collaborate amongst themselves in providing like more comprehensive guidance. So there’s a, through the Global Hackathon, Legal Hackathon, Ashurst, Clifford Chance, Norton Rose Fulbright are combining with Barclays. and a number of different providers to say what’s the guidance for like electronic signatures. So if we can’t all send signatures around via couriers anymore, because we break quarantine, how do we deliver that? And they’re actually all coming together with a bunch of different groups, and we’re contributing to it too, into like what’s that guidance? So I think you might see even more like, hey if we’re all going to be in this together and there are a bunch of things that are going to change with these bigger things, how can we work together to give more comprehensive guidance where it’s not siloed to just one firm, but it’s more so industry helpful.

[00:34:51] Haley Altman: I think that’s a really interesting point because firms have always been follow the leader. No one wants to be first off the cliff, but once one firm, two firms, three firms do something, then the other firms are like, oh it must be okay now. But there’s no time for that now. You can’t wait around to see who’s going to be first and then follow the leader. And so I think Haley’s spot on that these firms have realized like, okay none of us want to be the first, but we don’t have time to wait for a firm to get over. time to wait for a firm to get over that. We’re just all going to collectively have to go over the cliff together.

[00:35:24] Greg Lambert: So that’s some of the positives I think that we’re talking about, about how to connect, how to use tools like this. But just with all tools, they can be used improperly. So what are some of the common pitfalls that you have seen or you think people need to be aware of when you’re using these types of tools in this type of format to communicate?

[00:35:53] Marlene Gebauer: Yeah. Like what are the three things that you should avoid? I know Greg has three things that he thinks people should avoid. I know I have my list too. Mine are like, if you have like a really staticky line, just like hang up and call back in. And the other thing is like, please don’t put the camera under your chin. It’s like, please use the selfie roll and like have it either at your face or higher. Those are my pet peeves. Okay. I’m done. I’m sorry. I think lighting is important, right? Not just for the way that you look, but it just helps with creating a more human experience over a video.

[00:36:34] Haley Altman: So I know when I’m doing Latera TV or something, I always check, I put on the video on my camera and I always check the light for that day and where I am to make sure that I look like a human and not like totally blown out or something. I also think it’s really important to realize, and you know, there are more and more articles coming out about this now, now that everybody’s gone overboard on all of this technology, that this is a more stressful way to interact. And having Zoom calls all day, every day, when you’re sitting on the couch in your pajamas at first, everyone thinks like, oh, this will be way easier. And I think now we’re realizing and coming to terms with the fact that it’s actually much harder. And everyone at first was like, oh, this life’s going to be great for introverts. And actually, being on video all day every day is terrible for introverts. And so one of the things that I’ve made a point of is if something can be done with a call, it’s okay to go back to a call. It’s okay to call someone instead of setting up a Zoom video meeting for everything all day every day. And by breaking it up and kind of, I don’t think a day goes by where I don’t have one or more Zoom meetings still, but by going back to calls for some of it, it’s become much, much more manageable. And I think the third for me would be bandwidth. Just being real about how much bandwidth you have in your household and noticing patterns. For example, I’ve noticed that I have really good bandwidth in the mornings and I don’t know if it just gets tired or other people in the area suddenly jump on in the afternoon, but I have worse bandwidth in the afternoon. So if something’s really important that it be where it needs to be on video, I try to schedule it for the morning. When I’m on Latera TV or I’m doing something that’s live, I’ll tell everyone in my house, including my husband, I’ll be like, Can you please just turn your phone off? Don’t even touch the internet. I just need it for one half hour. And just finding ways to balance bandwidth issues. And of course, when I was in Los Angeles, this wasn’t an issue. I had terrific internet and it never occurred to me. But once I came to Virginia, I was like, Wow, this is a real issue. But now that I’ve figured out how to manage it, it’s a lot easier.

[00:38:46] Alma Say: I mean I tend to I agree with all those you know the ability the bandwidth is always one like I every now and then you get the bad internet connection it probably means that I have two kids on iPads and a husband on a computer and so like the world is just gone and Netflix is probably on somewhere and you know some some devices entertaining our children.

[00:38:58] Marlene Gebauer: And Netflix is probably on somewhere. And, you know, some some devices entertaining our children.

[00:39:05] Alma Say: So you have to be mindful of that. I think the one thing outside of it, so I think there’s a lot that we’ve all talked about in terms of lighting and how you make sure you’re still presenting yourself. I couldn’t believe in Florida where they’re talking about someone was taking a courtroom meeting from their bed without a shirt. And I’m like, let’s have common basic decency. But I think the one thing that we sometimes forget is when you’re having these Zoom meetings. Somehow I think some people still forget agendas, meetings still have to have a purpose and being able to set up in advance, these are the things we’re going to accomplish. Yes, we’re gonna be seeing each other, but we should be aligned so that the meeting still has a point and that you can actually kind of move through things. So whether that’s just because we’re meeting via video, we should have something that we’re anchored on, otherwise the meetings run long or they don’t have purpose, and so just still being mindful of what we’re trying to accomplish is, I think, is important.

[00:40:03] Marlene Gebauer: All right, so I’m gonna play the gadfly for a moment. You know, we were talking about these visual points and auditory points that are important in the meetings, but how important is it really? I mean, you know, we all didn’t sign up to become, you know, video stars or influencers, and, you know, we don’t all have the right type of, except you, Greg. You know, we don’t all have the right type of equipment to be able to sort of get a good sound. You know, we might not have the lighting that we need. And, you know, I’ll tell you, at the risk of annoying Greg, who has a background behind him of the Brady Bunch House, like, I don’t use a background. And it’s because, quite frankly, I don’t think it shows my reality. And I feel it’s important for us to show our reality during this time. I mean, people are,

[00:40:46] Greg Lambert: like, I don’t use a background. And it’s because quite frankly, I don’t think it shows my reality. And I feel it’s important for us to show our reality during this time. I mean, people are,

[00:40:58] Marlene Gebauer: are working under conditions that aren’t optimal. And why do we feel that we have to pretend that we’re not? So there’s my challenge. What say you?

[00:41:11] Haley Altman: I think you’re spot on. I think part of this whole experience is, as I mentioned before, getting a glimpse into other people’s lives and feeling like whatever uncomfortableness or chaos you’re dealing with, well, so is everybody else. Whether that’s pet or children or significant other or just the place that you live is not really built to have like this perfect background. I think it gives a sense of us all being in it together. And again, deepens those relationships where you get a glimpse into people’s lives, which I think has become an important part of this whole experience for everyone, which is nothing against people like Greg who do use backgrounds, because they also give us something to talk about and reflect on the person’s personality. I know, Jay, I had Jay on Latera TV and she had a spaceship background. So I find the backgrounds that people choose entertaining and reflective of their personalities as well. So I think whichever way people want to go, I think it’s fine as long as it’s whatever makes them comfortable.

[00:42:19] Greg Lambert: Just to justify my background, it’s because my bed’s right behind me and there’s laundry on it, so.

[00:42:29] Marlene Gebauer: Yeah, and I support everybody wearing shirts, that’s important too. Yeah, shirts are not optional.

[00:42:38] Greg Lambert: Shoes are optional, socks are optional, shirts not optional.

[00:42:42] Marlene Gebauer: Rest of it, no.

[00:42:47] Alma Say: I think it’s good to be authentic. I think you, if you’re delivering a message like on Literra TV and things like that, where we’re trying to like, we want to be able to engage with people. And I think the better way to engage with someone is just to be authentic. And that means that maybe I’m working in the third floor attic of our house, and that’s what I can do right now. And it’s the quietest place where the least chance of like two children traipsing in and, you know, showing their I don’t know, whatever they’ve done. Right.

[00:43:15] Greg Lambert: Well, one of the things that we hear a lot about is Zoom fatigue. And I think we’ve kind of skirted around it a little bit. Haley, what do you, what kind of recommendations do you have to cope with that?

[00:43:28] Alma Say: I think trying to find meetings where you can do it while you’re on a walk. Like I feel like some days I don’t see the outside of my house and I get a little bit, it’s just like that not having sunlight or not having like fresh air or like, you know, when you’re in an office, even if you’re in an office and you don’t go outside, you at least walk around. And like, if you’re sitting here and it is back to back scheduled of meetings, all of them on Zoom, you don’t get a chance to get up, you don’t get a chance to stretch your legs. And so it’s just like you’re tired. And you’re just like, you’re just looking at technology. And so I try to find some point in time to go for a walk, either do a call during a walk, or a lot of times lately, I’ve just called someone else in the industry that I haven’t talked to in a while and just catch up and just try to find a break and a moment where I can just, you know, kind of check in with someone. instead of like, I try to find moments for that. The other thing I think we have to do is like, I realized like there are some days I will go eight hours in Zoom meetings, and I can’t be productive in those like, so I’ve now started to try to schedule actual time on my calendar where someone can’t schedule a meeting, just so that I could like respond to email or like actually draft something that I need to do. And so it’s like, we’ve got to build in moments where we can actually get work done that isn’t just being on another call, or being on another Zoom thing. It’s just, how do we find those those moments where we can just do something else?

[00:45:05] Marlene Gebauer: So how do you think the success of the online meetings is going to impact live conference attendance? Is this the end of in person conferences? And what about conferences that are asking for the same monetary commitment as a live session? I mean, do we have a thumbs up or thumbs down on that?

[00:45:24] Haley Altman: I would definitely give that a thumbs down. I think people understand. Thank you.

[00:45:31] Marlene Gebauer: Thank you. Thank you. Hard thumbs down. Like, absolutely.

[00:45:37] Haley Altman: I mean, look, there’s a lot of work that goes into putting on a virtual conference. But you know, it doesn’t care. It doesn’t compare to the work and expense that goes into putting on a live conference where you’ve got to coordinate so many people and things and rent space and you’re feeding people, presumably. I think people understand that part of the cost that they’re paying for a live conference is going toward the facilities and the food and whatnot. And unless you are, you know, renting people quarantine safe office space from which to watch your virtual conference and having food delivered to them throughout the day, I don’t think that you can argue that you’re providing those things to justify the same cost. However, I don’t think that we’re at the end of the in-person conference. What I do think we’re ΓÇô where I think we’re headed is actually the beginning of something new, which is more virtual conferences because they are more inclusive, which is nice for people who can’t be away from their families or can’t leave because of work obligations and attend, you know, a conference on the other side of the country. And so, I think it’s great that people have opened their minds to these virtual conferences and the fact that they can draw more people in. But I also think for in-person conferences, and I think Haley and I are very excited to go back to in-person conferences as much as we loved our virtual conference experience, but I think there’s gonna be a lot more thought given to how do we add a virtual component? How do we make this conference feel accessible to people who can’t travel, who can’t attend for whatever reason? And you know, there have always been recordings of the sessions posted and sort of people have dabbled in this area, but my bet is that we see a lot more hybrids going forward.

[00:47:23] Alma Say: I do also think that it’s going to be like, I mean, Alma and I agree with Alma, like we’re gonna be like, we’re so excited for when like in-person conferences come back and we can actually see each other. Like she’s worked at Letera since March and we have not seen each other in person, even in the context of working together. It’s like the idea of actually getting to come together and have that community in person, I cannot wait for it to happen. But I do think that we’re going to have one more stage before we go back to the big events. Like there is not going to be the ability to have these thousand person conferences, even 500 people, like 200. Like I think we’re gonna see some, there’s gonna have to be some shift where we go from virtual to something where we may have to do smaller regional conferences, like a different sort of like conference setup that can start to bring people together before. conference setup that can start to bring people together before we get to the point in the next year where we can actually have these real big events. I think we’re going to, I think there’s still another kind of iteration that’s going to be different from our traditional like ILTAs and Clio Cloud and things like that, all these big events. I don’t think we are going to get there for a while. So what’s the thing, the next thing that someone’s going to do? I think that’s actually one of the things on Almanai’s to-do list is to figure out what is that next stage of what we could do. So, you know, we’ll see what we can figure out. That’s Hayley ambitious Altman

[00:48:54] Haley Altman: talking there.

[00:48:57] Marlene Gebauer: and I’ll add one more thing to what you said. I think, you know, given now that businesses have seen, okay, online conferences can work and they are a lot less expensive. I think that the in-person conferences, the folks that are putting those together are going to have to be very, very creative in terms of, you know, marketing, what’s different about being in person. I mean, certainly there is the networking that we talked about, but, you know, what can you get there that you can’t get from an online that, you know, we should send our people there. And I think that’s going to require some real thought in terms of making that argument.

[00:49:44] Alma Say: I think that’s absolutely spot on because it is always one of those things when you’re trying to justify the expense. I remember being a practicing attorney and thinking like, okay, I want to go to this. And we didn’t do a lot of conferences from an attorney perspective. So even when I was a partner, it wasn’t like we were just all going to different. Things we had to justify why we’re going. And I think you’re going to see that more. I totally agree, especially it’s like when you could say, okay, well, you can just go to this conference. And I will say part of the reason you go to conferences, all of the networking and the in-person, but as more people challenge themselves to figure out the virtual networking, we had people in our happy hour session from Australia who had just woken up and joined our happy hour and would never have been able to come to the U.S. for a conference like that and network with this group of people and came away with a whole bunch of different connections. So there are advantages to doing things slightly differently. But so the more we come up with it, you’re right. The more that it puts the challenge, which is exciting, like things should evolve like, and that’s great. But so then I’ll get scared as to what I come up with. And the next time I’m just like thinking

[00:50:49] Haley Altman: randomly about something that we can do. Yeah, no, I’m not scared. I’m ready.

[00:50:54] Greg Lambert: So, you know, speaking of people waking up in Australia and going to the happy hour, you know, how do you approach the, you know, the globalness of this and the reality? I mean, heck, I can’t even set up a good happy hour for some friends because we’re across four different time zones. And so, you know, my six o’clock happy hour is, you know, four o’clock and they’re still working on the West Coast. You know, do you have any thoughts on how you adjust to, you know, having these global events, but having to really think about, you know, what

[00:51:30] Haley Altman: what time it is and in different places? I think this is a case of comparing or trying to understand what we’re doing against the ideal state versus looking at it against the current state. Because the truth is, these people like Haley just mentioned, we’re not going to be able like Haley just mentioned, would never be able to attend the in- person conference, right? Or maybe they would, but that’s a different conversation. But let’s take the people who otherwise wouldn’t be able to attend. They wouldn’t even be going to the in-person conference. And now we’ve opened it up worldwide to people to be able to attend who can’t afford to attend or for whatever other reason can’t attend the in-person conferences. Now, at least there’s an option, right? And it’s up to them if they want to attend it at whatever crazy hour it is for them. I think, you know, there’s no, there’s no getting around the fact that at the end of the day, you have to decide, you know, okay, we’re thinking about this conference as being based in such and such time zone. So for example, Leterra is based in Chicago. So everything was on Chicago time. I think the important thing is that you make very, very clear what time zone your content is scheduled for. I know that there’s been some confusion, not with ours, but with other conferences where the time zone wasn’t made abundantly clear. And then people get confused because they don’t know exactly what time things are on for them. And so I think the best thing we can do to accommodate that is make the time zone clear and hopefully record the sessions such that even if you’re not making them available to anyone after the conference, you’re at least making them available to everyone who’s registered. So that if someone can’t attend at a certain time, because they need to sleep, and they want to pay attention to it, they can watch it later. And I think most if not all of the conferences that I’ve seen out there are doing that. And I think that is a very easy way to get around that issue. Because the other part of it is that by not being in person, it’s a lot harder to quote unquote, take off work, you know, people know that you’re people right now, everybody’s home in front of their computer. They know where you are right now. Yeah, exactly. Everybody knows that. And so it’s harder to say like,

[00:53:46] Marlene Gebauer: oh, I’m attending a conference today, my messages might be delayed, or you know, like, it’s, it’s,

[00:53:51] Haley Altman: it just doesn’t have the same effect. And you’re not fully embraced in that experience the way that you are at an in-person conference. And so I think making recordings available, at least to the registered attendees, is a critical component of a virtual conference for both those reasons.

[00:54:08] Marlene Gebauer: Do you feel that maybe some of the more, you know, I’ll say old- fashioned ways of communicating are more meaningful now. And you know, I’ll give you an example. So the other day, it’s like, I went to the mailbox, and I had a letter from a friend of mine that basically took the time to write a letter to say, it’s like, you know, this is how things are going. And, you know, it was, it was like, so exciting to get that. It’s like, oh, my God, I got a letter. And, you know, it’s not like I’ve never gotten letters before. But this just seemed more important than than, you know, it may have been, say, in January. say in January.

[00:54:46] Haley Altman: Yeah, absolutely. I mean, I’ve, I never write cards and I’ve been writing cards for baby showers and birthdays and dropping them in the mail. And so I think receiving something personal is especially meaningful right now, but also sending something personal feels especially meaningful. Even with the conference, we had a conversation about this, right? For all of our speakers, we wanted to send thank you gifts. And so we had a conversation about, you know, what kind of thank you gift do we send right now? You know, people aren’t sitting in their office, so think about the fact that they’re at home with their families. And so it does become a little bit more personal.

[00:55:26] Marlene Gebauer: It’s sort of like slow cooking. This is like the slow movement for communication.

[00:55:32] Greg Lambert: Well, Alma Asay and Hayley Altman, thank you very much for taking the time to talk with us.

[00:55:38] Haley Altman: Thank you for having us. This is great.

[00:55:40] Marlene Gebauer: Thank you. This has been a lot of fun. I think it was a pretty bold move on the part of our guests to roll out this live, very different type of online experience and just sort of bring in a bunch of people from both legal and non-legal and, and, you know, put that all together in very short order, when we’re really in a time where things are very unsettled, and people aren’t really sure what the message should be.

[00:56:08] Greg Lambert: Yeah, they’re doing a lot with this. And they’ve got the Latera TV that they’re doing, I think every day. So they’re doing a lot over there. So hats off to them. So thanks again to Alma Asay and Hayley Altman for joining us today.

[00:56:25] Marlene Gebauer: Yes, thank you both. Before we go, we want to remind listeners to take the time to subscribe on Apple Podcasts, Spotify, or wherever you listen to podcasts. Rate and review us as well. If you have comments about today’s show or suggestions for a future show, you can reach us on Twitter at @GabeBauerM or @Glambert. Or you can call the Geek and Review hotline at 713-487-7270. Or email us at geekandreviewpodcasts@gmail.com. And as always, the music you hear is from Jerry David Disicka. Thank you, Jerry.

[00:57:03] Speaker F: Thanks, Jerry. All right. Bye, Marlene. All right. Shelter safe, Greg.

One of the most consistent themes of the over 40 people I’ve interviewed for my In Seclusion Podcast, is that everyone is handling the stress of the pandemic in their own ways. As with companies like Twitter, it is very possible that some of us may never return to an office permanently ever again. For some people that is a godsend. For some people that is a nightmare. Just as in diversity and inclusion, the broad range of how we are looking at our future is a good thing. (I’m looking at you Google… diversity and inclusion is a good thing!)

This week, I talked with association leaders who are guiding members through the process of how to work, manage, and stay physically and mentally healthy through this pandemic. At the same time trying to rework the business model of their own organizations. I’ve talked with those in faraway places who understand the major, minor, and unchanged processes that they are going to face over the next weeks, months, and years. And, I had a conversation with someone questioning the idea that if you work remotely, you still have to be physically close to an office that you don’t really need to go to.

In other words, I had some great discussions with some very thoughtful people.

Monday, May 11th – Young Lawyers Working and Living Through the Pandemic – Victor Flores, City of Plano and President of the Texas Young Lawyers Association
The pandemic and the changes in our overall work structure can be challenging to even the most experienced of us in the legal industry. For younger lawyers, those just starting off, or those who are having to take care of younger children at home while balancing work, this can be overwhelming. I talk with Victor Flores, Assistant City Attorney at the City of Plano, who is managing all of these challenges and is leading some 27,000 of his peers through his work as the current President of the Texas Young Lawyers Association.


Tuesday, May 12th – Providing Access to Justice in Paradise – Jenny Silbiger, State Law Librarian/Access to Justice Coordinator, Hawaii State Judiciary
The pandemic is sparing no one, even in the tropical paradise of Hawaii. I talk with the Hawaiian State Law Librarian, Jenny Silbiger about how she led her staff through the transition to remote work and service to the courts, the bar, and to the citizens across the multiple islands of Hawaii. As many law librarians do, she reached out to others across the country and sought best practices guidance from librarians, museum curators, and government agencies like the CDC. It shows that even those who are thousands of miles away are still not alone. Continue Reading The Consistent Theme of this Pandemic – We Are All Handling It Differently

On my In Seclusion Podcast miniseries this week I’ve talked with government law librarians from across the country to see how they are continuing services through the shelter-in-place rules, and how they are preparing to reopen as states start to ease these restrictions. The common emotions are a mix of frustration and determination. One of the traits of librarians, especially those who serve the public directly, is that nothing should get in the way of access to justice and the open availability of government resources and information to those people who need it to protect their personal freedom and their property. But this pandemic is different. Whereas libraries have been seen as a safe haven for our communities, the physical closeness that comes with public libraries is now a threat to those communities. Unlike many businesses that can simply take a computer home and operate with little limitations, public libraries serve a group who struggle with technology, may not have technology at all, or may not even have a home to use the technology. All of these factors are discussed with the six law librarians I interviewed this week.


Monday, May 4th – Serving the Public’s Legal Information Needs During a Pandemic – Joe Lawson, Harris County Law Library
May 1st began phase one of the reopening efforts for the State of Texas. Governor Abbott’s order specifically lists libraries as one of the businesses which can open at a 25% capacity rate (and social distancing), but not all libraries are ready to open right away. I talk with Joe Lawson, Deputy Director of the Harris County Law Library about how he and the staff in Texas’ largest metropolitan area are preparing to open later this month, and how they are providing vital services to the courts, the bar, and the general public.


Tuesday, May 5th – How Do We Continue to Serve People Who Are Far Away? – Amy Small, Texas State Law Library

One of the bright spots of this pandemic, when it comes to the legal industry, is that many of us are realizing that the important thing we provide is tied to our services rather than our physical location. Law Librarians have been saying this for well over a decade, and now other parts of the industry are realizing that we are much more than an office in a tall building. Today I talk with Amy Small, Assistant Director of the Texas State Law Library, who is coordinating efforts across the state to provide services to a public who is in need. Amy sees the future of her services as being focused on how do we create services that focus on providing help to those who are far away. Continue Reading How are Government Law Librarians Handling the Pandemic?

It’s episode 75!! We think we look fabulous and that we definitely don’t look a day over 50.
While most professional associations are experiencing significant changes due to the Coronavirus Pandemic, today’s guests have launched a brand new network and say that this might be one of the best times to enter the market. The Legal Value Network (LVN) focuses on the delivery of services and connecting professionals from law firms, corporate legal departments, alternative legal services companies, and technology providers. Kristina Lambright and Purvi Sanghvi are part of the LVN Executive Board and discuss the launch of the network, and how they are providing content and connections to those in the network.

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Information Inspirations
Denton’s Managing Partner wrote an excellent article in The Hill entitled “Let’s stop asking ‘When are We Going Back to the Office?’” The leader of the world’s largest law firm had some sharp criticism for many of the partners at his firm who are pushing for a return to the office. He points out the privilege that many of these partners are expressing without consideration to the staff, and the gender disparity that will occur if there is a rush to get back to the office.