Author: TSA Press

Recently, while working with a highly respected expert in legal ethics on an upcoming arbitration, our preparation focused on a critical research assignment—essential for our presentation.

We all know that technology and innovation are transforming the legal profession in rapidly unfolding ways. According to Professor Richard Susskind, author of The Future of Law, “Looking 30 years ahead, I think it unimaginable that our legal systems will not undergo vast change.” In actuality, the revolution is already underway. Artificial intelligence and analytics, geared to change legal research forever, are here — now.

For a case study, consider Westlaw Edge — the just-launched, reimagined version of Westlaw, the industry-leading online legal research service from Thomson Reuters. For our research assignment, we have decided to take advantage of a promotional “test drive.” In the midst of all the challenges we face during the current pandemic, these are still very exciting times — and to serve their clients effectively and ethically, law firms must adapt to these changing realities. All lawyers need to be at the top of their game in finding all authority to advance their clients’ interests.

The importance of comprehensive and penetrating research will never fade, but how the goal is persistently mastered is constantly advancing and evolving. Exciting times are a call to adapt, advance in knowledge and technology, and marvel at the journey. At Balestriere Fariello, we are working to always be ahead of the curve and to push the heights of the research tools of tomorrow, powered by artificial intelligence and analytics.

For our current case, we are confident we will find the gem we are seeking, the law that will win the case!

Daniel McGillycuddy has over 30 years of experience in handling complex, high-stakes criminal and civil matters. He is a partner at the trial and investigations law firm Balestriere Fariello in New York, where he and his colleagues represent domestic and international clients in litigation, arbitration, appeals, and investigations. You can reach Dan at daniel.mcgillycuddy@balestrierefariello.com.

This report encompasses reports covering the 10 provinces of the country through reports received from the following Forum Members:

• Zimbabwe Peace Project (ZPP)
• Media Institute of Southern Africa (MISA)
• Zimbabwe Lawyers for Human Rights (ZLHR)
• Counselling Services Unit (CSU)
• Zimbabwe Association of Doctors for Human Rights, (ZADHR)
• Zimbabwe Human Rights Association (ZimRights)

Post published in: Featured

* The lawyer who sued Florida’s governor over COVID-19-related closures will be wearing a Grim Reaper outfit on beaches to warn people about social distancing. Wonder if he’ll need a mask with that costume. [NBC News]

* An attorney, and former managing partner at a New Jersey law firm, has pleaded guilty to tax evasion to the tune of $250,000. [New Jersey Law Journal]

* A new lawsuit alleges that New York City jail workers are being forced to work 24-hour shifts in a “cesspool of illness.” It’s a horrible situation, and you have to hand it to the lawyers for that colorful language. [New York Post]

* The Texas Attorney General’s Office filed a lawsuit accusing the largest U.S. egg producer of price gouging. Whoever loses the lawsuit may end up with egg on their face… [Wall Street Journal]

* The search continues for a Chicago-area attorney who went missing a month ago. [Chicago Tribune]

* A lawyer who lost her law license for losing a briefcase of sensitive documents on a train is appealing her case. Unless this lawyer lost the nuclear football, her punishment seems kind of harsh. [Legal Week]

Jordan Rothman is a partner of The Rothman Law Firm, a full-service New York and New Jersey law firm. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at jordan@rothmanlawyer.com.

Today we release the Third Edition of our report ‘Their Voices Matter: Community Reponses to COVID 19 Measures’. The report covers week three of the lock-down in Zimbabwe.

The report, a continuing conversation on how communities are experiencing and responding to the human rights issues emerging from the fight against COVID 19, capture community voices and proffer suggestions on how policy makers can implement these measures in a manner that respects the fundamental rights and advances the needs of the communities.

In this report, we tackle four critical issues.

Women and the Fight Against COVID 19. We speak to women across the country in Hurungwe, Mount Darwin and Epworth who reflect on the burden of COVID 19 on women. They reflect on the national compassion burden as women find themselves in the frontlines both in the hospitals as well as fighting poverty at home.

PWDs and COVID 19. We also cover the issue of how the COVID 19 fight has impacted persons with disabilities, with many persons in this category feeling left out of the national priorities.

The Rise of Conspiracy Theories and Church Leadership: As the nation witnessed the rise in conspiracy theories, we spoke to church leaders from around the countries and they highlight the importance of restoring the partnership of state and church in ensuring that congregations are not misled into thinking COVID 19 is a myth. It is a reality and churches are coming together to provide safety nets for the vulnerable as well as offering their health facilities in service of the community.

Citizen Initiatives and Stories of Hope: Finally, there are stories of hope. Ordinary people, standing up to assist others, without waiting for government. We document initiatives that show society taking a proactive approach to fighting COVID.

A number of recommendations come out of these conversations begging both state and society to prioritise the needs of the affected communities in designing and implementing recommendations.

Please follow the link here to download the full report. If you missed previous editions of the report, find them here.

ZimRights reports are conversations that bring out community voices in their raw form. We want to hear from you what human rights issues are emerging in your communities and how you are responding to them. What measures can the state take to improve the human rights situation? If you have any ideas, write to us on [email protected] Alternatively, drop us a Whats App on +263 714 724 133.

Download the report

Post published in: Featured

Who was the first African-American woman lawyer in the United States?

Hint: A graduate of Howard University, she was admitted to the District of Columbia Bar in 1872, when she submitted her application under her initials. The committee thought the application belonged to a man.

See the answer on the next page.

In the past month, court systems nationwide – notoriously technology resistant before the crisis – have rolled out new practices to allow for the justice system to continue on a limited basis.  New York courts, which had been closed for everything except emergencies since March, have begun to open up virtually for non-essential matters. It’s a testament to the resilience of the lawyers, judges, and court staff how quickly they have adapted new technology in order to continue serving the public. 

If you have not yet appeared in a virtual hearing in your practice, you may be wondering – what’s the protocol? How will I interact with my client, and opposing counsel? For specific details, you should of course check in with your local court’s website – just as you would check the local rules if you were appearing in a new jurisdiction. But there are some basic, universal tips you can take with you into your first virtual appearance to make you more confident, better prepared, and ready to take on the challenge. Check them out below:

1. Decide whether you really need to do the hearing. 

This seems too basic, but it’s true – many hearings are going to be able to be postponed, so it’s a judgment call whether you want to proceed right away or wait for a return to normalcy. Of course if your client is in jail or a detention center, you don’t have a choice. But if it’s a less critical issue, you should weigh the pros and cons. Has the case been delayed for some time already? You might want to move ahead with the schedule. Does the current situation impact your argument at all? Keep it on the calendar. On the other hand, if it’s a sensitive issue, like a sentencing hearing, and you want to make sure you are on the top of your game, you should ask for an extension. 

2. Test your technology.

It doesn’t matter how many times you’ve used Zoom at work, you want to do a test the day before your hearing to make sure all of your tech is charged and connected, your webcam is working, your background is professional, and your computer isn’t going to decide to download a critical update in the middle of your argument. In addition, if you are using multiple devices, you want to set everything up in a way that feels comfortable and convenient for you. 

3. Gather your materials. 

It’s just like trial prep – except it’s probably on a computer, a tablet, or your phone. If you are using your main computer for the video conferencing system itself, you do not want to be switching between applications to look for exhibits or check your notes. If you have access to a printer, and you don’t need hundreds of pages, then hard copies are a good choice. But chances are, you’re going to want to have a backup device or devices with your electronic materials well organized. Make sure you know what folders your documents are in, create an easy to remember naming convention, and have a separate file listing everything you may want to refer to at what points in the hearing. 

4. Make a plan with your client.

In most hearings, your client would be in the room with you, able to provide information and help determine your strategy in the hearing. In a virtual hearing, your client can’t speak to you privately, so you want to make sure you know ahead of time how you are going to communicate. Text messages or emails are probably your best bet, so check in with your client ahead of time so they can express a preference and know what to expect. And remember, if there is a chat function in the video conferencing system, those communications are not going to be private or privileged. The rules of ethics don’t go away in a crisis. 

5. Focus on the judge.

When you are making an argument in court, you are probably laser focused on the judge – looking for cues to direct you and anticipating whether you are about to be interrupted. In a virtual hearing, it can be a lot harder to pick up on body language and other cues. In addition, a busy online meeting (the participants are probably going to include you, your client, opposing counsel and their client, the judge, and a court clerk) can be disorienting. So train yourself to focus on the judge during your hearing as much as possible to try to capture some of the formality of the courtroom. Do a test run with a colleague – remember, in virtual courtrooms, just as in person, practice is everything. 

For more tips, check out this short video by Lee Vartan, Partner at Chiesa Shahinian & Giantomasi PC’s White Collar Criminal Defense and Government Investigations, Litigation and Privacy and Data Security groups.

Related Content: 

1. How to Conduct Virtual Arbitrations and Mediations 
2. Staying Within the Lines: Ethical Issues for Lawyers During a Crisis
3. Free Webinars to Help Attorneys During the COVID-19 Pandemic

At his April 7 coronavirus briefing, Donald Trump decried the dangers of allowing Americans to vote by mail.

“Mail ballots — they cheat. OK? People cheat,” he said without offering any evidence. “There’s a lot of dishonesty going along with mail-in voting.”

When asked why he himself voted absentee by mail, Trump said, “Because I’m allowed to. Well, that’s called ‘out of state.’ You know, why I voted? Because I happen to be in the White House and I won’t be able to go to Florida to vote.”

Luckily, the president won’t even have to go online and download that absentee ballot request form this cycle, and neither will anyone else in Palm Beach County. Because Palm Beach’s elections supervisor just mailed it right out to every registered voter in the county.

By law, she can’t send out the actual ballot unless a voter requests it, but, as Supervisor of Elections Wendy Sartory Link told NBC, “My goal is to get as many voters to vote in every election as possible, and if people are uncomfortable doing that in person, the best answer is to send a vote-by-mail request.” That’s why supervisors in Miami Dade and Broward Counties did the same, meaning that more than a quarter of registered voters in swingy Florida got the absentee ballot form in their mailboxes.

Which is a responsible way to behave in a highly contagious pandemic. Unlike the Wisconsin legislature, which sued to make voters cast ballots in person this month, forcing thousands of people to stand in line for hours as poll workers stayed home and hundreds of polling places closed.

Remember House Speaker Robin Vos, decked out in full PPE on election day telling voters everything was totally safe?

After 19 new cases of COVID-19 were traced to voters and poll workers who showed up for that election, the Milwaukee Common Council voted unanimously this week to mail the actual absentee ballot with a postage-paid return envelope to every registered voter in Wisconsin’s largest city.

Iowa’s Republican Secretary of State has similarly promised to send an absentee ballot request form to every voter in the state and strongly discouraged in-person voting for the primary.

Even before coronavirus, huge numbers of Americans were already opting to let the postman drop off their ballots. Oregon and Washington have long been vote-by-mail only; Two-thirds of Wisconsinites cast their ballots by mail in this primary; And multiple states, including Ohio and Maryland, are running all-mail primaries in light of the health crisis. So, before the general election, plenty of us will get comfortable casting a ballot without the joys of standing in line, grabbing a pencil that 500 other people just used, and then rubbing our hands all over a communal touch screen.

Which puts Republicans in a pickle. After spending the better part of a decade whipping their voters into a frenzy about a supposed plague of in-person voter fraud, they’re furiously pivoting to warning of the dangers of “ballot harvesting.” But with more and more Americans of both parties opting to vote from the comfort of their own living rooms, how long can the GOP pretend that there’s something deviant about it?

“RIPE for FRAUD.”

Be that as it may, it seems pretty unlikely that the GOP in Florida and Wisconsin will stand on principal and let voters in highly Democratic cities receive ballots automatically, while their own constituents have to jump through hoops to get their hands on them.

Last month, Trump went on Fox and said the quiet part out loud, as is his wont.

Back in Palm Beach, elections supervisor Link was not impressed. “It’s something that the president feels secure enough with that he voted with it himself, notwithstanding what his other comments may have been,” she told NBC. And with Republican governors like Mike DeWine and Larry Hogan jumping on the mail-in bandwagon, how long until the GOP realize they can’t beat ’em, so they might as well join ’em?

Trump’s home county and other Democratic strongholds ramp up vote-by-mail [NBC]

Elizabeth Dye (@5DollarFeminist) lives in Baltimore where she writes about law and politics.