Plus: Your online reviews matter, a lot.
Some things never change. AI is still lying to lawyers. The ABA is still rewriting the rules of practice. And online reviews still matter more than almost any marketing. This week, we break it all down—plus we’ve got a roundup of some national security podcasts that are worth your time.
But first, the New York Times says couples wary of divorce are opting for domestic partnerships. And highlights the number of states relaxing the rules on polyamory. Are family law firms ready?
Knuck if you Buc[-ee].
Everyone’s favorite gas station is suing because it doesn’t think people can tell the difference between a moose and a beaver.
Fresh from The Onion.
The DOJ’s poor attempt to properly redact the Epstein files (not satire) means anyone can gain access to the secret recipe for Nana Epstein’s peanut butter pecan sandies (satire).
Metadata doesn’t lie.
A South Carolina attorney has been suspended from practice for six months because she sent the same photo of a positive COVID test to three different opposing counsels on different dates. And because she responded to a negative review by disclosing a client’s personal information on Facebook and submitted a forged signature on an affidavit, but Redditors are mostly worked up about the COVID test part.
The ultimate missed connection.
This juror was paying attention to more than the evidence! #3 is looking for #6, but, in a Cinderella-like twist, you have to remember what shoes you were wearing if you want to prove it’s love.
Listen up 5’s, a 10 is speaking.
The Supreme Court Historical Society has an interesting article by attorney and author Marlene Trestman on women who have appeared before the Supreme Court. It includes a chart showing the increase in female advocates over time, and a table of those who have handled more than 10 cases.
Ghosting the new lawyers of former clients is a no-no
A copy of the client file is not the only thing a former client’s new counsel may expect you to give them. A few weeks ago, the ABA released Formal Opinion 520, which suggests that Rule 1.16(d) of the ABA Model Rules of Professional Conduct implies that attorneys need to respond to requests for additional information that:
(1) Was acquired during the representation
(2) Isn't available anywhere else in the file
(3) Is important to protect the client's ongoing interests
Think of it as the professional equivalent of a transition memo, except it's a quick conversation.
Why this matters: While ABA formal opinions are advisory rather than mandatory, they carry significant persuasive weight with disciplinary authorities. In short, read this one, update your off-boarding checklist, and make sure your team knows the file’s not the only thing new counsel can ask for. (Formal Opinion 520 / ABA’s Press Release / Helpful Summary from the State Bar of Wisconsin)
Here be dragons
If you’ve done any sort of legal research using AI, you already know that hallucinations are a big problem. That’s what makes this article from law librarian Rebecca Fordon such an interesting read. She synthesizes nearly a dozen peer-reviewed studies to identify six patterns that reliably predict when AI is most likely to fail.
The biggest problem: the questions we ask. Asking AI to support an incorrect legal proposition often generates plausible-sounding arguments using fake or inaccurate case citations because the algorithm assumes the human talking to it knows what they are talking about.
Why this matters: The takeaway isn't to stop using AI. It's to ask better questions, calibrate your verification effort to the task at hand, and understand your chosen tool’s specific strengths and blind spots. (AI Law Librarians)
Your national security briefing
Trying to stay on top of what’s going on in the Middle East is like trying to take a drink from a fire hose. There’s simply too much going on too quickly. Despite that, these national security and foreign policy podcasts do an admirable job breaking down what is happening and exploring some of its legal implications.
The Just Security Podcast is an excellent companion to the website’s repository of articles about the war with Iran.
NSL Today is a weekly podcast from the ABA Standing Committee on Law and National Security.
Lawfare hosts a few different podcasts, but all of them are related to national security.
While they aren’t as directly focused on law as some of the others on this list, the podcasts produced by the Council on Foreign Relations are an excellent place to turn for deeper analysis.
Why this matters: National security law is where some of the most consequential legal arguments in American public life are being made right now. Tuning out is not an option.
- Appeals court says small firms can charge big fees
- The judiciary wants control of its courthouses
- DOJ flip-flops on law firm executive orders
- Judges face increased threats
- Tariff lawsuits balloon
Five stars or bust
Asking satisfied clients to leave a review is a standard part of doing business these days, no matter what sort of business you are in. This episode of NPR’s All Things Considered takes a look at why reviews are all the rage and explores society’s reaction to them. It’s a quick primer on how we got to this point and some best practices when asking for reviews.
Why this matters: Putting law firm reviews into a broader context reminds you why they are important. And the article’s look at how people react to them may help you figure out how to ask for them without annoying clients. (All Things Considered)
You're all caught up!
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Raise the Bar is written and curated by Emily Kelchen and edited by Bianca Prieto.
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