The Trial Lawyer Podcast

As part of our continuing effort to help lawyers improve their practices, we invited Mark Applebaum to join us in the studio to talk about the benefits of joining BNI, an internationally-renowned networking program. Enjoy!

Stories of the dark times...times of quarantine!

Seven steps to take if you have been in a car accident.

It seems like every year the number of civil jury trials seems to be diminishing. In this episode, Scott, Dan and I explore some of the reasons why this is happening and what the ramifications are for justice in America.

Dan and I discuss the strengths and weaknesses (mostly strengths) of the legal drama "The Practice". Enjoy!

Is everything as black and white as it seems? According to Gabe, yes, of course it is. If the only way you avoid obstruction of justice charges is because your aides refuse to follow your instructions, that is a pretty clear summary of the state of the presidency. However, Dan and Scott have a different perspective, and will try and convince me that things may not be as sinister as they seem.

A discussion of some of the rules of ethics and civility that govern lawyers in Utah and ideas on how to make them better.

The Utah Legislature recently considered a tax on services that would have forced law firms to charge their clients essentially "sales tax" on every bill. Will this cause more people to represent themselves in court? Is this essentially a tax on asserting your rights under the law? Do the lessons of great films of the nineties have anything to teach us about this topic? Come find out.

Many people don't realize the importance of the right to trial by jury. However, in many ways, it is a more important protection of liberty than the right to vote. The movie "12 Angry Men" gives us a good example of this principle, and therefore we are reviewing it this week.

Keep in mind, that these rules vary from state to state. Make sure you check your state laws on recording telephone calls, as well as applicable ethical guidance in your state before you start recording everything.

Scott, Dan and I dissect the intricate points of the Rainmaker from the perspective of three lawyers who go to battle for or against big insurance companies every day.

Trial law has as much art to it as science. It is an exercise in competitive storytelling, and whichever side is able to tell their client's story in the most persuasive, engaging and understandable way will often win the day. In this episode, we talk about some ways to accomplish those goals.

This week we decided to have a little fun. We took the opportunity to review the classic legal drama "The Verdict", written by David Mamet and staring the late Paul Newman, two geniuses of the screen and stage. Strong opinions are expressed and explored, both about the movie, and the legal issues it raises.

Policy limits demands (when made based on credible evidence) can be a hot potato for defense counsel, defendants, adjusters and insurance companies. In this episode, we talk about why these demands are such a big deal.

Advanced issues facing trial lawyers engaged in presenting critical testimony to the jury, whether through direct or cross examination.

This podcast episode was recorded to compliment a CLE series that Patrick Burt and I do in Utah called "Litigation 101". This episode deals with specific problems in dealing with experts, both in dealing with your own experts and responding to experts designated by the opposition.

Today we have an in-depth discussion of how attorneys are exposed to stress, the consequences of that stress, and some methods for dealing with that stress. Important Note: If you are feeling a lot of stress, and feel like you just can't take it any more, there are people that can help. The National Suicide Prevention Hotline is available 24 hours a day at 1-800-273-8255, and all calls are handled by people who will listen and help you find solutions to make things better. If you need help, please give them a call.

The Trial Lawyer Podcast teams up with the Litigation 101 CLE series to discuss deposition and discovery strategy. This is material we would like to be able to cover in the first session of the CLE series, but it is a bit more advanced and in-depth than we have time for in the CLE, so we put the additional content on the podcast.

Scott and I discuss how the modern tort reform movement is an effort to subvert the fairness of the judicial system and prevent it from functioning as it should to resolve civil disputes fairly in the American justice system.

This is an episode that was recorded some time ago, but somehow fell through the cracks. Rep. Hall gives us a glimpse into what it is like to fulfill the dual role of attorney and state legislator.

Scott and I examine and debunk some public perceptions and conventional myths about frivolous litigation, the incentives and consequences of not telling the truth in litigation, and the consequences for our judicial system.

Scott and I discuss the ethical and legal quandaries that arise when lawyers start secretly recording their clients. In light of recent events in the news, a very topical discussion.

Scott and I discuss the perilous process of preparing witnesses for depositions and dealing with improperly prepared witnesses on the other side, who are likely to make critical errors in depositions.

Scott and I discuss various topics, mostly the potential impact of artificial intelligence and machine learning technology on the future practice of law, and why Scott is unable to recognize and acknowledge the musical brilliance of Counting Crows, and what a privilege it is for me to see them perform live tonight! Enjoy.

September 2017 Civility and the Utah Bar: Are the Current Rules Enough?

How do law firms train young trial lawyers as jury trials become less common when and those trials that do happen tend to have higher stakes?

The world of attorneys' fees in civil litigation is - mercifully - a mystery to much of the public. In this episode, we discuss different ways that the law has evolved to help people pay for a lawyer in civil cases when they need one (but couldn't otherwise afford to pay high hourly rates), and potential gaps in this ad hoc system of civil representation.

Ever wonder what it's like to be stuck in a position where the justice system is your only hope? John Davis was severely injured by someone else's negligence, and found himself without a job, an income or a warm place to live. Left with no other options, John decided to sue for damages while living out of his car. John put his faith in the legal system, and fought his way to justice. This is his story.

Rachel York of Magna Legal Services explains how high-end jury consultants see into the minds of juries and help their clients influence their decisions - for a price.

Gabe, Dani and Scott discuss the ups and downs of pre-injury releases and the public policy implications

Representative Brian King discusses what it's like to be a trial lawyer in the Utah legislature, the unfortunate influence of special interests on our political system and the strength of our judicial system.

The governmental affairs committee is where the rubber meets the road when bills are presented that might impact the legal profession or the bar in general. John Bogart, long-serving co-chair of that committee and I talk about the impact that lawyers can have on the legislative process and the proper way to approach public policy issues as a lawyer.

During our wide ranging conversation, lobbyist Steve Foxley discussed dealing with conflicts, the limits on the bar's power to lobby the legislature and what it's like to run non-stop through the seven week Utah legislative session.

Since 2008, I have happily enjoyed the benefits of working at a wonderful, mid-sized Salt Lake City law firm by the name of Christensen & Jensen. I loved it there, and I still count many people there as among my closest friends and mentors. However, in late December 2016/early January 2017, I left the firm life behind and founded The Law Offices of Gabriel K. White. Why would any (marginally) sane lawyer do that? This episode explores that question, and all its implications.

Three lawyers discuss office politics in the context of the legal workplace, including office social events, romance, social media and why it is still a bad idea to discuss religion or politics at the client's dinner table.

Three lawyers discuss the pros and cons of remote law practice, and the evolution of legal technology that allows attorneys to practice law from anywhere.

Gabriel White, Dani Cepernich and Scott Powers explore the ups and downs of licensing paralegals to do limited legal work for clients, and the potential impact on the public and the larger legal community.