A dead man testified via AI. It cost 10 years

Sometimes the best advice comes out of left field. Literally. The creator of Banana Ball built a cultural phenomenon by obsessing over the customer experience. The lessons translate to client service with almost no adjustment. And speaking of clients, if you give yours an end-of-year gift, we’ve got some suggestions. We’ve also got the appeals court opinion that threw out an AI-created victim impact statement, and a podcast that gives you a look at what it’s like to lose at the Supreme Court.

Coming soon, our Q&A with the attorney who turned his work on death row into a thought-provoking stand-up routine.

But first, here’s the ABA’s latest look at lawyer pay.

Justice for Tricky Dick!
The DOJ is reportedly investigating whether President Nixon was actually a Watergate victim.

12(b)(6) is def a slow burn.
Over on Instagram, @legallyyjennifer is posting her way through 1L. This civ pro joke is a good one. 

Talk about a fountain of youth.
Trump is appointing much younger judges than his predecessors. 

Not lovin' it.
McDonald's is facing a class action lawsuit over its use of AI-assisted pricing.

What we’re watching.
It’s not a horror movie per se, but the 1996 legal thriller “Primal Fear” is a solid choice for spooky season. The twist at the end is one you’ll never forget.

You know better than most what misclassifying overseas contractors can cost. Remote lets your firm hire skilled support staff in 90+ countries as employees, not contractors, without opening a local entity:

Build the team your firm needs.

What can you learn about practice management from a man in a yellow tuxedo? Plenty, according to Robert Ambrogi, who was impressed by the parallels to legal practice Jesse Cole, founder and owner of the Savannah Bananas, outlined during his keynote address at 8am's Kaleidoscope conference. Ambrogi write-up covers 15 lessons from Banana Ball attorneys can use to improve their practice.  

Why this Matters: The core argument is that firms win by obsessing over how clients experience the work, not only over the work itself. (LawSites)

The Arizona Court of Appeals just threw out a 10-year manslaughter sentence because the trial judge watched an AI-created victim impact statement the family members of the deceased created on his behalf. The trial judge said from the bench that he “loved that AI.” The three-judge appellate panel did not. 

Why this Matters: This is a very fact-specific opinion. And the Arizona Court of Appeals is obviously not the Supreme Court. So, we’ll have to wait and see if this puts an end to posthumous victim impact statements created by AI, or is only the beginning. (Associated Press)

What are your thoughts on this? Do you think this should be allowed? Respond and let us know.

Sandra Muñoz took two years off from podcasting after SCOTUS ruled against her in her quest to overturn her Salvadoran husband’s visa denial. Now, she’s back. And her first episode covers what’s been going on in her life since the case came down (plus an interesting discussion with playwright and professor Luis Alfaro).

Why this Matters: This latest episode, and the one that aired just before the SCOTUS decision came down, offer a rare opportunity to hear from a lawyer who is also the plaintiff in a major court case. (Law & Order Me Some Tacos)

Q4 has arrived, and with it comes the gifting season. We all know ABA Model Rule 1.8 prohibits attorneys from accepting gifts from clients, but some states also prohibit attorneys from giving gifts to clients (or referral sources). So before you start ordering firm swag or more personalized tokens of appreciation, be sure to check your state’s ethical rules. 

If gifting is a go, remember:

Why this Matters: As long as you aren’t violating any ethical rules, holiday gifts are a great way to say thank you while continuing to build a professional relationship. (Practice Panther / IRS / Reddit / Business Insider / Food & Wine / Oprah)

Thanks for reading today's edition! You can reach the newsletter team at [email protected]. We enjoy hearing from you.

Interested in advertising? Email us at [email protected]

Was this email forwarded to you? Sign up here to get this newsletter every week.

Raise the Bar is written and curated by Emily Kelchen and edited by Bianca Prieto.