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Every story has at least two sides. This week’s podcast rec is a masterclass on advocacy so smoothly disguised as legal history you're going to want to take notes on the substance and style. We’ve also got a round-up of back-to-school marketing that looks as good to the community because it is good for your community. Plus AI prompts and outputs look different to the party who wrote them and the party trying to discover them, and the case law is still sorting out who wins. And you’re going to want to read this job-search advice no matter which side of the interview table you're sitting on.

But first, a Detroit judge is in hot water after detaining a student who fell asleep in his courtroom during a class field trip

QUICK CLICKS

It is less than 100 days until Halloween. 🔮
Pennsylvania is about to host a witch trial over fortune-telling. Yes, really.

How many degrees is Justice Ketanji Brown Jackson from Kevin Bacon?
The SCOTUS Justice and Matt Damon were in a college drama class together

What’s your sign?
Over on Instagram, @litigation_god explains what your star sign says about your ability to “make a case worse for everyone involved.”

Road Trip: Whiskey Thieves
At a small park at the confluence of the Kansas and Missouri rivers is a historical marker noting the first of several courts-martial held during Lewis & Clark’s trip west. Two men were whipped for “drawing whiskey without authority.”

PRACTICING LAW

Flipping the script

This article on job searching at small and mid-size firms should be read by everyone, not just those looking to make a lateral move. It hands candidates a four-part checklist covering training, autonomy, client contact and growth potential that tells readers exactly which answers are red flags. 

Why this matters: Try running your own firm through the checklist. The firms winning in this talent market are the ones that can answer interviewee questions without stalling. (Lawjobs.com)

LEGAL BYTES

Attorney-client-robot privilege/work product stew

Attorneys and clients alike are using AI platforms to conduct research and organize their thoughts. Now courts must decide whether attorney-client privilege and work product protections shield any AI outputs from disclosure during litigation. Over just the past few weeks, a number of interesting rulings have come down. 

In general, pro se litigants are more successful at arguing their AI prompts and outputs should be privileged. 

But in Texas, a court extended work product protections to a represented litigant’s conversations with ChatGPT. However, the court did require the plaintiff to turn over all materials shared with ChatGPT. 

Meanwhile, in Massachusetts, a court ruled that represented litigants can’t avoid disclosure by having their romantic partner run AI queries on their behalf. 

Why this matters: That old cliché about “building the plane while flying it” comes to mind each time one of these decisions drops. (The Daily Record / The Texas Lawbook / Massachusetts Lawyers Weekly / Westlaw Today)

SHARED COUNSEL

Why framing matters

As a follow-up to the popular Dissed podcast that wrapped in 2023, Pacific Legal Foundation's Anastasia Boden is out with a new show called In Dissent. Season one ties the Declaration of Independence, aka “the first great American dissent,” to landmark SCOTUS cases through a historical lens.

Why this matters: PLF is a public-interest firm with a clear point of view (pro personal property rights, limited government and deregulation), so this isn't neutral legal history. It's advocacy seamlessly wrapped in storytelling. (In Dissent)

BUILDING CLIENTELE

I would send you a bouquet of newly sharpened pencils if I knew your name and address.”

—“You’ve Got Mail”

Back-to-school season is turning into a marketing moment for firms across the country. Here’s a round-up of program ideas and different ways to promote them.

Backpack and school supply giveaways are important community events. Garces, Grabler & LeBrocq offers free backpacks in New Jersey, and Price Benowitz expanded their annual program into a back-to-school carnival in District Heights, Md. 

In Houston, Mostyn Law’s Amber Mostyn partnered with a local shoe store to get laptops and shoes to students who need them. A couple of local radio stations helped get the word out. 

Firms like the Trust Guss Injury Lawyers in Texas are helping teachers get their classrooms ready for students. 

California criminal defense attorney Andrea Keith recorded a video about what she would tell her son before sending him back to college. 

Lex Tecnica set up a “community division” of the firm focused just on special education law. “IEP Defenders” has a stand-alone website and social media presence. They are hosting a live back-to-school Q&A on Facebook with Attorney David Gardner and Special Education Advocate Stephanie Wynn.

“Georgia’s car accident lawyer,” James Murphy, sponsored a back-to-school breakfast for all the school bus drivers in Douglas County, Ga. The firm also provided each driver with a dash cam.

Why this matters: Finding creative ways to give back or give out helpful information is a great way to connect with potential clients and build up your reputation in the community. This is the kind of calendar-driven marketing worth doing before the school bus door closes.

POLL

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

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