Not to be confused with “trial by fire,” a trial by Zoom can be a scary new experience for any hardened litigator. Luckily, others have pioneered best practices for courts, judges, and, yes, lawyers to follow. Host Dave Scriven-Young is joined by Judge Marsha J. Pechman and Judge Thomas Samuel Zilly from the United States District Court for the Western District of Washington.&nbsp; Together they share the journey going from in-person proceedings to a remote environment and road map the process along the way, including advice for displaying evidence, how to read a jury, what to wear, and much more!&nbsp; Stay tuned for Darryl Wilson’s tips for making great opening statements!

Trial by Zoom

If you are studying for the July bar exam, you’re not going to memorize every flashcard for the Multistate Bar Examination, and that’s OK. You can still pass.

ABA Journal: Asked and Answered

Think you won't pass the July bar exam? So did many others, but they did, say lawyers

Three high-profile cases of sexual assault in 2012 followed a basic pattern: A teenage girl was sexually assaulted at a house party by one or more teenage boys while she was incapacitated by alcohol. The attacks were recorded and the photos, videos and stories were shared on social media or via texts. The photos and videos were used to ridicule the victims among their peers. Those texts and posts later became evidence in criminal cases. These incidents took place in Steubenville, Ohio; Maryville, Missouri; and Saratoga, California, and sparked national conversations about youth, technology and sexual assault in 2013.

“The question gnawing at everyone, myself included, was: What were these kids thinking?” writes Anna Gjika, a sociology professor who studies crime and gender issues. More than 10 years later, Gjika has attempted to answer that question in her new book, When Rape Goes Viral: Youth and Sexual Assault in the Digital Age. She took a close look at the three attacks in 2012, but identifies a number of similar instances that have happened more recently.

One of the elements the public found shocking about the cases was how many bystanders filmed or photographed the unconscious girls or the sexual assaults as they were occurring, without intervening. In talking to people involved in the cases and to teens in general as part of her research, Gjika found that the young people did not think of their social media as archival so much as “of the moment.” They filmed and posted what was happening around themselves because they were used to doing that. “Sharing an experience has become an integral part of the experience,” Gjika writes.

In this episode of The Modern Law Library, Gjika and the ABA Journal’s Lee Rawles discuss her research into generational attitudes towards social media and sexual assault; the promises and pitfalls of digital evidence in sexual assault cases; how social media can be empowering or degrading for survivors; the social responsibility held by the legal community and the tech industry; and what interventions could be effective to prevent such assaults from taking place.

Digital evidence like cellphone videos and texts can be extremely beneficial to prosecutors looking to prove incidents of sexual assault, particularly when victims are unable to recount their experience because they were unconscious or impaired during the attacks. But Gjika explains that this kind of evidence is not uncomplicated. The way juries perceive the evidence will still be filtered through societal expectations and prejudices. Defense attorneys do not have the same access to digital evidence from tech companies, and usually lack capacity to process immense amounts of data. The expertise, willingness and resources of police departments and prosecutors’ offices to seek out this evidence also vary widely. And the victims can be further traumatized by the use in court of images and video of their assaults, and the knowledge that the images continue to be disseminated on the internet.

In closing, Rawles and Gjika discuss what actions can be taken by schools, the legal community and the tech industry to prevent such attacks or to assist victims whose assaults have been digitally documented. Gjika believes educational programs and trainings for teens need to focus on peer groups and norms, rather than emphasizing individual responsibility, and “must be grounded within adolescents’ lived experiences, rather than on adult fears and anxieties.” She also argues that adults as well as teens would benefit from “ethical digital citizenship initiatives,” where concepts like privacy and online decision-making could be discussed. And she suggests the creation of government-funded organizations to assist survivors with removing digital content from the internet.

'When Rape Goes Viral' looks at why cases like Steubenville happen

Ernie Svenson-a.k.a. well-known blogger Ernie the Attorney-was an early evangelist for what he calls The Paperless Chase. The basic premise: "Anything you can do with paper, you can do more with PDF. Way more." 
 
Now he spends a lot of time teaching, training and speaking, all aimed at enabling small-firm and solo lawyers with the ability "to save money, make money and outmatch bigger firm adversaries," he says. 
 
In fact, calling Svenson an evangelist is an understatement. "The walls are closing in on lawyers who haven't adapted, with e-filing in the courts and the increased use of the PDF format by others," Svenson says. "It's here. It's good. Do it." 

Don't fear technology, Ernie Svenson urges; 'It's here; it's good; do it'

Microsoft products assist lawyers daily in document review and communication. In this episode of New Solo, host Adriana Linares talks to Ben Schorr, senior content developer at Microsoft, about the different tools Microsoft provides and how they lend themselves to a successful law firm. Their conversation includes Microsoft Office 365, OneDrive, and Outlook. They also discuss resources you can use to learn even more about Microsoft products. Ben Schorr is a Senior Content Developer at Microsoft. He was a Microsoft MVP for more than 19 years and involved with management and technology for more than 25. Special thanks to our sponsors, Clio,  Answer1,  PerfectIt, and Unbundled Attorney

Running Your Firm with Microsoft

Attorney Karen Karabinos from the law firm of Drew Eckl & Farnham discusses judicial estoppel and the impact on insurance claims.

Special thanks to our sponsor, A.M. Best Company, Best’s Recommended Insurance Attorneys & Adjusters, including Expert Service Providers.

The Application of Judicial Estoppel in Insurance Claims

How can lawyers build influence in the legal community? In this episode of Lunch Hour Legal Marketing, hosts Gyi Tsakalakis and Kelly Street talk to Jordan Harbinger about his career as a social dynamics expert and influential podcaster. They discuss Jordan’s networking advice for creating meaningful and useful professional connections. They also delve into how to make good impressions and exude approachability. Jordan Harbinger is a Wall Street lawyer turned interview talk show host, and communications and social dynamics expert.

Jordan Harbinger’s Networking Playbook for Lawyers

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'When Rape Goes Viral' looks at why cases like Steubenville happen

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