Plus: Surprise DNA heirs complicate estates | Traffic spikes in state courts
This week’s newsletter is all about perspective, how shifting it, widening it or even questioning it can change the way we practice. We start with newly released court data that offers a bird’s-eye view of the legal system and reveals which practice areas are rising, which are cooling and how the ground is moving under our feet. It’s a reminder that your own caseload tells only a small part of the story; a broader perspective shows where things are actually heading.
We then zoom out even further to examine the debate over AI innovation and the unauthorized practice of law. Depending on your perspective, AI is either the tool that could finally narrow the justice gap or the gateway to a profession that’s no longer professional.
To round out the issue, we shift to a personal and professional perspective. David Lat’s latest podcast episode brings together well-known attorneys and judges for candid reflections on the profession. And a legal marketing expert says the best way to get clients is to act normal.
But first, check out this real estate listing. Once home to Judge Learned Hand, it can be yours for only $5.8 million!
Turning probation into a career path.
Charlene did her time and is ready for her next shift at the Waffle House. Fightin’ there don’t count, according to comedian @mandameadowss.
They want this on the record.
As AI hits the top the charts, some real artists are responding by suing to protect their sound.
Think twice before gifting someone a DNA test kit.
Surprise relatives are popping up and upending estate plans.
Elvis may have left the building, but he’s appealing that decision.
The Missouri judge who made headlines for dressing like the King of Rock and Roll while on the bench says photos of him in costume should never have been released.
“No, no, not Santa Claus, the person. Santa Clause the clause.”
Get into the holiday spirit with the movie that teaches every child about the importance of contract law.
What practice areas are popping?
According to the National Center for State Courts’ Court Statistics Project (CSP), traffic cases are dominating state court systems after falling during the COVID pandemic. Data from the CSP also shows that civil filings are outpacing criminal ones, due in part to an 11% uptick in contract cases.
Why this matters: Whether you’re scaling up your firm or trying to figure out where to spend your marketing dollars, the CSP is a valuable resource. Looking at statewide and nationwide trends can help you figure out if what you are seeing is a blip or an area of law your firm should invest resources in. (Court Statistics Project)
Is AI the next legal aid? Or high-tech UPL?
Striking a balance between inviting innovation and policing the unauthorized practice of law has never been more important. This article from Maya Markovich, executive director of the Justice Technology Association, and Sonja Ebron, CEO of Courtroom5, argues that too-stringent UPL enforcement or overbroad AI regulation risks further harm to underserved populations.
The authors warn that if bar associations and regulators label AI tools as unauthorized practice without focusing on actual harm, they could lock the profession into old models that already leave many people without representation. They point out that existing consumer-protection and product-liability laws already provide some safeguards against injuries caused by AI-based legal tools.
Why this matters: AI is changing the way we practice law, and the way legal services are provided. It is important to think about how regulation impacts both sides of that equation. (Thomson Reuters)
Hot takes from legal luminaries
Judges, BigLaw leaders and boutique litigators handling some of today’s hottest cases are the typical guests on David Lat’s podcast, Original Jurisdiction. The variety and caliber of guests make this a great listen for anyone with their finger on the pulse of the legal industry. You can listen to the latest couple episodes and previews of earlier ones for free, but the entire archive is accessible only to subscribers.
Why this matters: Lat’s been giving his unique take on what’s going on in the legal world for over two decades. This latest endeavor proves he’s just as insightful as ever, and his long tenure in the area means he’s able to pull great guests who aren’t sharing their opinions anywhere else. (Original Jurisdiction)
- Montana is going to rate the state’s judges
- Federal judge asks DOJ to investigate prominent plaintiffs' law firm Hagens Berman
- South Carolina says judges must retire at 72
- Costco sues over tariffs
- Just Security has a series on the recent U.S. lethal strikes on suspected drug traffickers
All you gotta do is act naturally
In this piece, Attorney David M. Ward, founder of The Attorney Marketing Center, argues that one of the biggest hurdles to business generation is breaking away from the stodgy lawyer stereotype that so many of us play into as we attempt to promote ourselves.
Ward says clients often see lawyers as rigid, humorless and unapproachable, not because attorneys lack warmth or personality, but because the profession has conditioned us to communicate in a way that feels distant and overly formal. The article highlights how glaringly obvious it becomes when you realize most legal marketing tries to impress rather than connect, leading clients to tune out before a lawyer ever gets the chance to help them.
Why this matters: Clients want to work with a competent attorney, but they also want to work with a human being they feel comfortable talking to. They don’t expect a new best friend, but they do want someone who speaks plainly, understands their concerns and makes them feel seen. (The Attorney Marketing Center)
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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