'Diversity' has been a buzzword in the legal profession for decades. However, a  recent article in GP Solo, published by the American Bar Association, asserts diversity efforts have largely been aimed at law schools, large law firms and corporate counsel, thereby ignoring small law firms and solo practitioners.

Many small firm attorneys and private practitioners often wonder why or how they play a role in the diversification of the legal profession, according to Sandra Y. Yamate,  the Executive Director of the ABA Commission on Racial and Ethnic Diversity in the Profession, and the author of that article, 

"It is misguided, however, to think that sole practitioners and small firm lawyers cannot do as much to advance diversity as their colleagues in larger organizations. Nothing could be further from the truth," she writes.

In an attempt to get some answers, Above the Law recently released a Small Law Firm Diversity Survey. Respondents were asked to consider several general statements pertaining to diversity, then provide long-form answers.

An example of the statements includes "'Having attorneys or staff from diverse backgrounds is a competitive advantage for small law firms.'" Of the more than 300 respondents who participated in the survey, nearly half strongly agreed with the contention. Just over 21% indicated they agreed and 19% stated they had no opinion. The remaining responses were divided between 'disagree' and 'strongly disagree.'

One response in favor of the statement asserted that a diverse workforce encourages a range of attitudes and potential solutions. The author concluded that “can only help client service.” Conversely, a comment from a respondent against the proposition indicated there is no evidence to support the contention.

Ambrose Moses, III, an African-American solo practitioner in Columbus, expressed dismay with the survey. "Some of the attitudes and mindsets illustrated by some of the comments included in the report are disappointing because it appears that some trained and licensed lawyers are ignorant of American history or have no desire to remedy the societal and individual harm caused by bias, discrimination and injustice."

He labeled some of the comments as "troublesome hindrances to our nation achieving legal, social and economic justice for all." He also express dismay that some of the responses might have been made by judges, court personnel, government attorneys (such as county prosecutors and their assistants), attorneys general (and their assistants), U.S. attorneys and their aides, general special counsel and more.

"This is not to ignore the impact of such attitudes and mindsets held by private attorneys in large and small firms. Rather, it is essential to recognize that when such attitudes and mindsets infect the ranks of our judges, government attorneys, and court personnel, then the bias, discrimination, and injustice continues to be systemic and, I submit, both de facto and de jure,” sums Moses.

Steve Smith, President and Founder of Los Angeles-based GrowthSource Coaching, mentors business people from a myriad of professions, including law. He too dismissed much of what was highlighted in the survey, although for different reasons than Moses.

"Most of what I’ve experienced runs counter to these findings but that could be the legal crowd I’m running around with," says Smith. “Small firms and solo practitioners are usually only focused on a few things: can I find someone I can work with; can I afford the best person I can find; will they stay with me after I teach them all my secrets,” he says.

That’s not to say Smith dismisses the importance of diversity for small firms or solo practitioners. However, he says, "I’m not sure it leaks into the daily practice of running a law firm."

The general consensus in the business world is to be "considered inclusive," says Smith. However, "when it comes to running a business, diversity isn’t usually the first consideration when deciding who to employ. Most of the time, a law firm’s first consideration is whether the candidate fits with the brand and whether they will get along."

Another school of thought in the business world, he says, is that "unless a person has a degree from a name university, maybe (the employer) can pay them less. They won’t pay top dollar unless the (candidate) is bringing a big pedigree.”

According to Smith. "Diversity is fine unless it creates big inconveniences for me and my business." In expressing support for diversity, in general, Smith urges people to be honest when discussing the topic.

"I’m not down on diversity but I want the discussion to be real. It’s one thing to say it but another to live it," he says.

Tami Kamin Meyer is an Ohio attorney and writer.

There's nothing more annoying than a deadbeat client. But, there are steps you can take to make this situation less onerous or to even avoid such situations altogether.

Identifying Problematic Clients Before You Get Stiffed

“The best time not to represent a client is at the beginning,” says Terry Zimmerman, a collections attorney from Akron, Ohio, who recently retired after 39 years of practicing law. Although the adage of ‘not judging a book by its cover’ might be appropriate when selecting reading material, there are telltale indications a would-be client may not pay his or her bill, Zimmerman says.

“If a client tells you they went to an attorney who has a good reputation but that attorney did not take the case, consider there’s probably a good reason why," he says. "The client might not be a good risk.”

A client who admits to have spoken with other lawyers prior to coming to you is likely shopping for the best price. "That’s another red flag,” Zimmerman says. Another clue is “when they ask the cost of a ‘simple divorce’ or a ‘simple bankruptcy,’” he says. The general public doesn’t generally appreciate what truly constitutes a case as ‘simple’ or ‘complex,’ so asking for a price upfront without explaining the variables of the matter are a red flag they won’t pay, Zimmerman suggests.

Robert B. Walker, an estate planning, collections and creditor’s rights bankruptcy attorney in Reston, Virginia, says he “worries about the ones who have been paying regularly but suddenly become slow pay.” When that happens, the client is generally not happy with the representation they are receiving or perhaps believe they are being overcharged.

Another clue a client isn’t likely to pay their legal fees? “If a client nit-picks your bill, you probably have a problem,” Walker says. One way to minimize financial exposure, Zimmerman says, is to “get some money up front.” Besides, he says, that’s a great way to learn where the client banks, useful information in case the lawyer pursues a collection matter against the client in the future.

What to Do When a Client Doesn’t Pay

It might seem elementary, but before initiating any type of litigation, it’s imperative to know who the actual defendant is. If, for example, a lawyer represents Joe’s Autobody, but not Joe himself, it’s wrong to pursue an action against Joe rather than the business, Zimmerman says.

Therefore, when representing a company, Zimmerman says it’s imperative the lawyer obtain a personal guarantee in writing that Joe has the authority to hire the attorney on behalf of the business. Once a determination is made as to whom the defendant is, the next step is to review the fee agreement signed by the client and the attorney.

According to the Code of Professional Responsibility, written agreements are only required in contingency fee cases, “but it’s a good practice” to use them in all matters, Zimmerman says.

Walker says “he comes and goes” on the use of written fee agreements. On one hand, they spell out the terms governing the professional relationship between the lawyer and client. However, they can also lengthen the attorney’s malpractice exposure in states like Virginia, where the statute of limitations for collecting fees and pursuing legal malpractice matters differs depending on whether a written fee agreement was used or not.

Zimmerman also cautions lawyers contemplating legal action against deadbeat clients to consider whether it might also expose them to a malpractice claim initiated by a disgruntled client. Another matter to consider is whether the debt in question is consumer-oriented or not, Walker says.

“There should be a determination made as to whether the Fair Debt Collection Practices Act, and any state version, govern such collection by one attorney for a client attorney,” he says. When a lawyer tries to collect legal fees owed, such legislation does not apply. However, an outside collection agent might be deemed a ‘collector’ subject to Federal and state laws. Other rules govern the collection of past due legal fees, says Steve Smith, President and Founder of GrowthSource Coaching, a California company that educates business owners and other professionals about improving their companies.

For example, ABA Model Rule 1.5 governs fee types and fee arrangements. “One of the overriding principles is the concept of the reasonableness of fees. The overwhelming, number one reason why people avoid paying their bill is the client has decided the fees were unreasonable for the service they received,” he says.

Absent exigent circumstances, such as being up against a statute of limitations, Walker likes to send a demand letter to the client, now potential defendant, when legal fees are overdue. If nothing else, doing so helps determine whether the lawyer has the debtor’s correct address.

Smith’s approach is similar. First, he suggests sending a pleasant letter reminding or informing the client of their past due account. If a week passes with no response, he advises placing a personal call to the client to try to determine why they haven’t paid their bill or responded to the letter.

“Get them on the phone to discuss installments or even reduce the overall balance,” Smith says. No matter what is said during the conversation, he implores the lawyer to maintain a “good business decorum.” Follow up with one email a week for the next three weeks, imploring the client to pay their bill. Each missive should communicate the “increasing severity” of the matter so the client understands the gravity of the situation.

If, after 30 days, payments are still not forthcoming, it’s “time to make an assessment,” about whether to sue the client for the fees they owe, Smith says. Factors to consider include the size of the past due balance and the costs involved with hiring an outside agency or lawyer to collect the debt, assuming the case will be farmed out.

Walker cautions lawyers about handling their own collection matters. “The ability to be objective is not as great when you are representing yourself," he says. "When your professionalism is challenged, it’s hard to be objective.” 

What Not to Do

There are several steps to avoid when seeking to collect an overdue client balance. According to Smith, do not:

• Contact the client’s family members or friends to discuss
• Contact an employer to seek the garnishment of wages, since a judgment is needed to initiate a garnishment
• Allow the situation to impact your effectiveness in representing other clients

It’s also not wise to argue with the client over the past due account. Not only is that unprofessional, such behavior will likely infuriate the client and increase the likelihood he or she might file a malpractice claim. Lastly, if a lawyer seeks to hire you to collect his or her past due accounts, be sure to conduct a conflicts search before taking on the case. Do not pursue a collections case against a defendant if you represented him or her or a related entity in the past, Zimmerman advises.

Tami Kamin Meyer is an Ohio attorney and writer.

With three groups of attorneys leaving BigLaw to start their own boutique firms in January alone, legal industry experts are predicting that 2016 might be a year of major big firm-to-boutique migration. So reports Bloomberg BNA.

In the first month of the year, when there’s typically a flurry of lateral movement between big law firms, groups of lawyers from Arent Fox in California, Paul Weiss Rifkind Wharton & Garrison, and Schiff Hardin have all instead opted to form of new, small firms.

Legal industry experts note that while former BigLaw attorneys often do find that a small firm partnership is better suited to their personal needs, business development challenges and day-to day administration duties can make small firm life challenging.

Read the full article from Bloomberg BNA.

Bigger might be better in some things in life, but not necessarily when it comes to employment opportunities for attorneys.

Small law firms are coming up big as places for lawyers to find work, according to a recent article on Law Crossing. The article cited the National Association of Law Placement as saying small law firms are providing “the majority of law firm jobs taken by recent graduates.”

Economic uncertainties continue to inject volatility in the legal landscape, making large law firms wary of over-hiring. There is also tremendous fear the number of clients capable of affording or willing to pay big firm rates is dwindling.

Meanwhile, there continues to be an escalating need for legal services among the general population, who not only can’t afford huge hourly fees but who are also uncomfortable in the swanky downtown offices of The Bigs. So where do these clients turn? Small law firms or solo practitioners whose rates are usually lower than those charged by big law firms and whose lawyers are generally more accessible.

View from the Trenches

Joseph Dreitler didn’t always practice law in the small firm setting. In fact, he spent 17 years in-house at Procter & Gamble and Anheuser-Busch and another 14 toiling in various large, general practice firms. However, for the past four years, he has practiced law in a two-person trademark, copyright and patent law firm in Columbus, Ohio. The namesake of Dreitler True says his current situation is “the most fun” he’s had while practicing law, for a few reasons.

They include:

• Lack of bureaucracy
• No conflicts of interest
• Lower overhead
• The lower fees he can charge due to reduced overhead costs
• No need to try and ‘leverage’ associates to bring in revenue for the firm

Dreitler also relishes the fact he doesn’t feel pressured to bill an astronomical number of hours yearly like he did when he worked in a big firm. Something else he doesn’t miss about big firm life is partners who are supposed to behave like a team but who are really out for their own best interests.

“I don’t feel the disappointment in other partners not cross-selling my services to their client,” he says, adding that in every firm he worked, the consistent mantra was that everyone was on the same team. However, eventually Dreitler became dismayed when he finally realized that was not really the case in any of the firms where he worked. “Partners hoarded work. They did not want any other partner to even meet their clients for fear they would screw something up. Partners who had no idea of the difference between a trademark and a copyright would take on that kind of work and never call partners who specialized in that work because they wanted the hours and could care less about the clients getting the most qualified lawyers on the matter,” Dreitler laments.

Early in Evan Schwartz’s legal career, he was a small fish in a very large pond. In actuality, he was more like a guppy in a huge sea of the gigantic law firm where he worked for several years. In those days, he toiled in a firm with 300 to 500 lawyers nationwide. When he left, he was a solo practitioner for a time. His firm grew to ten lawyers, including a law partner, but today he is the namesake of Schwartz Law PC.

His firm, with offices in Manhattan and Garden City, NY, is comprised of six lawyers whose work focuses on disability law and other insurance-related matters. There are several aspects of practicing in the small firm setting that Schwartz finds appealing. He enjoys the collegiality of working in a small group, which also means attorneys have the opportunity to accept greater responsibility for their cases and clients than occurs in large firms.

“Large firms can also be collegial but are frequently more regimented and both pay and responsibility are typically more lockstep,” says Schwartz. Like Dreitler and Schwartz, Caroline Z. Worley didn’t always practice law in the small firm setting. After the namesake of Worley Law LLC, a small firm in Westerville, Ohio, graduated law school, she toiled as a staff attorney for a Common Pleas Judge.

Following that, she joined a large law firm in Columbus. Since then, everywhere she has practiced law has employed five or fewer lawyers. Worley cites the “team and family atmosphere” with all employees, both attorneys as staff, as what she enjoys most about the small firm setting.

She also relishes the lack of bureaucracy and the flexibility that working in a small group engenders. “Also, since our overhead is lower, an attorney can offer the same or better services for half the cost. There is also plenty of time to get out and serve on nonprofit boards and to give back by volunteering your time,” she says.

Those experiences differ greatly from what she underwent in the big firm setting. For example, “you usually have to run all ideas up a chain of command and change is harder and slower,” she laments. Working for a small firm, especially her own, offers Worley the flexibility to work different hours and at locations other than her brick-and-mortar location.

Pitfalls of Small-Firm-Life

While all three lawyers agree their professional lives are happier as small firm attorneys, they do admit there are pitfalls to working in such an environment. For Worley, working with a small “marketing and business development budget” is challenging. She would also like to hire additional support staff, but that is cost-prohibitive.

While he wouldn’t trade his current situation for a return to big-firm life, Schwartz says there are challenges working in a small firm. For example, the small firm scenario affords “less predictability of the business,” he says. In other words, says Schwartz, running a small firm is “more risky.”

Another pitfall of the solo and small firm environment is that, typically, attorneys receive less training before they are thrown into the fire. According to Schwartz, there is “typically less training and supervision, which can be exhilarating or disastrous, depending on the person you are and the particular circumstances of the matters you are handling.”

While certainly no one is saying Big Law is dead, there is no doubt small and solo law practices are gaining increasingly popularity among lawyers. At least that’s what Schwartz thinks. “In general, small firms help make the legal system more accessible to the general public by offering lower fees and more direct contact between attorneys and their clients. When I weighed the pros and cons of big firm life versus working in a small firm, I decided I wanted to own my own firm and control my own destiny. I have more autonomy and greater job security because I develop my own book of business,” Schwartz says.

Tami Kamin Meyer is an Ohio attorney and writer.

General Electric's general counsel's 2012 compensation package afforded him almost $11 million in cash, making him the highest paid general counsel on Corporate Counsel magazine's latest list of the nation's 100 highest paid GCs. So reports Law.com.

At $1,853,671, the average take-home pay enjoyed by the lawyers on the list this year is the highest it has ever been.

Read the full article from Law.com here.

After entering a guilty plea, John Farahi, founder of Newpoint Financial Services Inc., was sentenced to 10 years in federal prison on March 20, according to a National Law Journal story. The Beverly Hills businessman admitted his role in a $20 million Ponzi scheme and the plea could have ramifications for former Nixon Peabody securities partner David Tamman, who was found guilty for his role in the scheme.

Tamman’s lawyer, though, insists the two instances are different and “suspect the judge will listen to what we have to say and make a decision accordingly."

Read the full article from the National Law Journal here.

A Los Angeles nutrition company is locked in a legal battle with billionaire hedge fund manager Bill Ackman, who has accused the company of perpetuating a pyramid scheme. Herbalife officials said the company will up their legal defense costs from $25 million to $40 million in the wake of Ackman’s accusations, according to a Los Angeles Times article.

Ackman, who reportedly bet $1 billion the company is a sham, has said most of the company’s sales people lose money and expects the company’s shares to fall to zero.

Read the full article from the Los Angeles Times here.

Food and Drug Administration logo (Photo credit: Wikipedia)

When attorney F. Lee Bailey was indicted for mail fraud in 1973, he quoted a popular aphorism referencing the difference between how England and the U.S. treat their criminal defense lawyers.  “In England they are apt to be knighted; in the United States they are apt to be indicted.”  There is quite a bit of truth in the saying and the dangers inherent in practicing law in the U.S. are not only faced by defense lawyers.  Sensing an opportunity, the Department of Justice (DOJ) has recently set its sights on corporate in-house counsel.

In November, 2010, Lauren Stevens, a former vice president and general counsel for pharmaceutical giant GlaxoSmithKline, was indicted on federal charges of making false statements and obstructing a federal investigation.  Stevens was accused of making false and misleading statements in a series of letters to the Food and Drug Administration (FDA) on behalf of her employer.  Despite it having been obvious from the beginning that Stevens was only relaying information furnished by her client and had no intent or motive to mislead federal investigators, she was enthusiastically pursued by the DOJ.  “Where facts and law allow, the Justice Department will pursue individuals responsible for illegal conduct just as vigorously as we pursue corporations,” Tony West, assistant attorney general for the civil division, said in a statement.  It should be noted that despite the DOJ’s stated commitment to pursue corporations, GlaxoSmithKline’s name was noticeably absent from the Stevens indictment.  West continued, “Criminal charges are appropriate when false statements such as those alleged here are made to the FDA.”

Read the full article here...

The intersection of law, innovation and technology has always naturally created friction, as changes to one do not necessarily accompany changes to the other. To that end, it is incumbent upon principals in the industries to constantly audit the others for the sake of the consumers and constituents who operate in those spaces.

Recently, the Rock Center for Corporate Governance, along with the Stanford Graduate School of Business and United States Department of Justice (DOJ) hosted a workshop examining one such intersection—that of antitrust law and venture capitalism. Academics, investors, legal and business experts gathered for the Wednesday, Feb. 12 event, according to Stanford University.

Makan Delrahim, Assistant Attorney General for Antitrust at the Department of Justice, touched on a broad array of challenges facing both regulators and venture capitalists, and further, what to do about them as they emerge. “In any case whether a merger is harmful, a restraint is unreasonable, or a course of conduct is exclusionary, antitrust enforcers have to ask the same question—what do we do about it now?” he asked. “In doing so, we focus on trying to restore competition in the market going forward. That often involves asking what new competitors need to thrive in a constantly changing marketplace. It is a difficult challenge, but one familiar to many investors who support early-stage companies.”

Delrahim also spoke about some of the common ground between investors and enforcers with respect to the role of antitrust regulation and the state of the industry. He said one characteristic they both share is a constant urge to prognosticate. The Supreme Court often has to, in its judicial capacity, predict how a merger will impact competition in both the near- and long-term. “We measure harm based on how the market might respond to a merger or to a course of conduct. This is not guesswork,” he said. “Neither is venture capital investment. Instead, we both look at the market, draw from economics, and make educated predictions.”

He pointed out other areas of overlap in the address: “Not only do venture capitalists and antitrust enforcers often ask similar questions, I think we share similar values. Dynamic competition should drive markets. Investment should go to the best ideas. Disruption can create consumer value,” said Delrahim. “These are the principles I have continually returned to in both of my tenures at the DOJ, and most recently as AAG. I first outlined these principles in my New Madison Approach to the intersection of antitrust enforcement and intellectual property rights. They are also part of venture capital’s DNA.”

FROM TWITTER

Thibault Schrepel @LeConcurrential

Very pleased to share "The Fundamental Unimportance of Algorithmic Collusion for Antitrust Law", published at the @HarvardJOLT. While algorithmic collusion creates no fundamental challenge, blockchain-based collusion does. Let's end the publication bias!

According to the organizers, other presenters included Michael Moritz of Sequoia Capital, Stanford Law Professor Doug Melamed and Dean Jonathan Levin of the Stanford Graduate School of Business. Melamed spoke on trends in the venture capital sector. Among some of the considerations he noted are the legal framework venture capitalists must work in, and the underlying principles of those investments. He touched on “kill zones;” investing in platform-dominated markets and monetizing data.

According to information from the Department of Justice, comments from the public are welcome. Parties are able to submit comments online through March 14, 2020, here: ATR.VCworkshop@usdoj.gov.

Attorney Carrie LeRoy started the Cyber Dignity Program in 2012 to educate teenagers on the possible legal consequences of cyberbullying, and now she hopes to take the Bay Area program national. So reports Bloomberg.

LeRoy was moved to action after a teen, who had been sexually bullied, committed suicide in Saratoga, California. LeRoy has partnered with other attorneys to spread information about cyberbullying litigation, and her program has already reached 13,000 high school students.

Read the full article from Bloomberg.

A new report from Exterro and FTI Consulting projects the e-discovery industry is going to hit $19 billion by 2023, up from $10 billion last year, as demand for technology and services is soaring.

The report also shows robust activity across the industry, noting that the number of investments, mergers and acquisitions in the space jumped from 24 to 44 between 2017 and 2018. The study, titled 'The State of E-Discovery 2019 Report,' examined the state of the emerging legal sector and highlighted trends, relevant legislation and case law.

“The challenges facing legal and e-discovery teams are broadening as the intersection of e-discovery, data security, and data privacy increases,” reads the report. “But embracing technologies and effective business processes can give legal teams exciting new capabilities to address these challenges.”

Globally, two landmark pieces of legislation, the General Data Protection Regulation (GDPR), which governs how organizations collect and use data of citizens of the European Union, and the California Consumer Privacy Act (CCPA), which has bolstered residents rights with respect to their data, are likely to be key factors influencing the direction of the industry, according to the report.

Further, 10 additional states have introduced similar legislation, and Sen. Ron Wyden (D-OR) has introduced a draft “Consumer Data Protection Act” as “a growing number of US technology giants are calling for a domestic version of GDPR.” But, striking a balance between users’ rights and protecting sensitive information may require a good deal of finesse. “Despite the major risks of non-compliance with privacy regulations, cybersecurity still remains the top concern for information governance teams,” reads the report.

From Twitter
HaystackID @HaystackID
“While the challenges of document review vary from day-to-day, six fundamental challenges appear to be common to all legal departments dealing with the discipline of #eDiscovery during document reviews.” https://buff.ly/2PSaq8i #LegalTech

Another key trend in e-discovery is an increased reliance on alternative legal service providers over law firms. According to the report, legal services providers are pulling in more money spent on e-discovery than law firms to the tune of 33% to 23%. In that vein, lawyer management of e-discovery is also down, with attorneys managing the process for only 34% of in-house legal departments, a number down 8% between 2017 and 2018.

Where Do Judges Stand?

According to the report, more than 1 in 5 judges reported feeling they should “act as an ‘active e-discovery case manager.’” As such, 56% said a separate case manager who promptly addresses issues as they arise is preferable. Another report from earlier this year found judges have reported an overall improvement in e-discovery “competence,” perhaps reducing the need to mitigate conflicts altogether. Reportedly, “lawyers who have appeared before the judges in the past year exhibited ‘an adequate level of knowledge’ 56% of the time, with only 18% lagging,” according to previous coverage of that survey from Progressive Law Practice.

Georgetown Law and Exterro Partner in e-Discovery Education Initiative

A new “legal thought leadership educational initiative” called edTalks, will feature discussions surrounding best-practices and cutting edge ideas and concepts, according information from Exterro. The 15 minute talks will be moderated by Mollie Nichols of Hogan Lovells, Nancy Patton at Exterro and David Greenwald of Jenner & Block. The next webcast is set for September 18, at 1 p.m. EST.

The law does not always keep pace with reality. In the instance of deepfakes, it’s the law’s ability to keep pace with virtual reality that’s being called into question.

On Thursday, June 13, the House Permanent Select Committee on Intelligence took a deeper look at the deceptive chaos the emerging technology might bring and convened a panel of experts to look at ways to prevent its abuse. Deepfakes are hyper-convincing videos doctored to show something that never actually happened.

Per the committee, the meeting took place regarding manipulated media, national security and artificial intelligence components associated with the deepfake” technology. The law and technology panelists lined up to offer testimony included:

• Danielle Citron, a law professor at the University of Maryland’s Francis King Carey School of Law and an Electronic Privacy Information Center (EPIC) board member
• Jack Clark, the policy director for OpenAI
• David Doermann, a professor at SUNY Empire Innovation and a director at the Artificial Intelligence Institute for the University at Buffalo
• Clint Watts, a Distinguished Research Fellow at the Foreign Policy Research Institute and a Senior Fellow for the Alliance for Securing Democracy, German Marshall Fund

More Than One Approach to Exposing Deepfakes

Citron said a combination of factors, including the law, will be needed to combat the malicious intent of the doctored information. "We need a combination of law, markets, and societal resistance," said Citron, according to information from EPIC, adding that "the phenomenon is going to be increasingly felt by women and minorities."

EPIC has called for the “Universal Guidelines for Artificial Intelligence” as the foundation of any federal laws governing its use. Artificial intelligence is a key component in the spreading of misinformation. The guidelines include several tenants such as the:

• Right to Transparency
• Right to Human Determination
• Identification Obligation
• Fairness Obligation
• Accuracy, Reliability, and Validity Obligations
• Public Safety Obligation
• Termination Obligation

At the hearing, Clark called for funding, education and “institutional intervention” in order to mitigate the confusion caused by misinformation spread through the tech.

From Twitter:
Ashley Pilipiszyn ‏ @apilipis 
"@jackclarkSF calls for institutional interventions, increased funding, measurement, norms, and comprehensive AI education as pathways to address the national security challenges of AI, manipulated media, and 'deepfakes': https://www.youtube.com/watch?v=tdLS9MlIWOk …

House Committee’s Purview is Expansive, Scope Wide

According to information provided by the Congressional committee, topic associated with deepfake technology will cover the law, politics, security and human interest. They include:

• Future advancements
• Detecting and tracking
• How deepfakes might allow individuals to deny media
• Its psychological impact
• Counterintelligence fears
• Internet platforms’ role in mitigating fake information
• Legal challenges
• The appropriate role of the federal government.

“Deepfakes raise profound questions about national security and democratic governance, with individuals and voters no longer able to trust their own eyes or ears when assessing the authenticity of what they see on their screens,” reads information from the committee.

Promotional materials for the hearing state this is a first-of-its-kind hearing as there has not, to date, been a House committee meeting dedicated specifically to deepfake technology and other AI-generated faux data.

As the COVID-19 health crisis continues to mar social activity, a new survey from the American Bar Association (ABA) shows sharply growing support for online voting among Americans.

The results were reported in the second annual 2020 Survey of Civic Literacy (PDF) from the ABA, which was released as part U.S. Law Day, celebrated each May. According to the trade organization, the survey was conducted on behalf of the ABA between Monday, March 9 and Friday, March 13 and Tuesday April 7 and Saturday, April 11, by DAPA Research. It aims to measure “public knowledge and opinions on a variety of legal and civic knowledge topics.”

“In the March survey, conducted before the pandemic overtook the country, 63% said they opposed allowing Americans to vote online rather than going to a polling booth. But the April poll, conducted when much of the country was under stay-at-home orders, found opposition to online voting shrank to 40%. Support soared from 34% in March to 55% in April,” according to the ABA.

In both surveys, though, public support for permitting voting prior to Election Day was strong.

FROM TWITTER

The Florida Phoenix @FLPhoenixNews

"Elections official: state faces backlog of 85,000 former felons seeking the restoration of their voting rights https://floridaphoenix.com/2020/05/04/elections-official-state-faces-backlog-of-85000-former-felons-seeking-the-restoration-of-their-voting-rights/… via @flphoenixnews #FlaPol #FloridaNews #Amendment4FL"

Law Day is a free public program administer by the Law Library of Congress and the ABA Division for Public Education dedicated to celebrating “the legacy of the 19th Amendment” and “why the 19th Amendment still matters and how the women’s suffrage movement changed America.”

Other findings from the survey include:

• 52% of respondents said they believe voter fraud “is a major problem in the U.S.,” while 82% support requiring voters “present an ID to prove their identity before voting”
• 72% of those asked support “restoring voting rights to felons who have completed their prison sentences”
• Less than half of those asked correctly knew votes in the Electoral College are based on the number of representatives in Congress, while one-third incorrectly thought the electoral votes are predicated on the total registered voters in a state
• 83% of respondents said they support the Equal Rights Amendment, which constitutionally guarantees the right to vote regardless of gender 
• 57% of those asked correctly noted the 19th Amendment guarantees women the right to vote, but close to 20% of those asked incorrectly thought it “guaranteed rights to all, regardless of gender.”

Sentencing Project Report Calls to Bolster Voting Rights 

Days after the ABA Law Day celebration, the Sentencing Project released a new report on Thursday, May 7, calling for a number legal reforms. It targeted not only those deemed ineligible to vote due to their criminal status, but also those who are eligible to vote, but are unable to do so due to ineffective mechanisms in place during, for example, pre-trial incarceration.

“Despite the fact that most persons detained in jail are eligible to vote, very few actually do. Jail administrators often lack knowledge about voting laws, and bureaucratic obstacles to establishing a voting process within institutions contribute significantly to limited voter participation,” reads the report. “Indeed, acquiring voter registration forms or an absentee ballot while incarcerated is challenging when someone cannot use the internet or easily contact the Board of Elections in their community.”

Further, notes the study, many people in jail do not know they have the right to vote and there are few programs in place to guarantee their access. The report details some of those programs aimed at expanding access to voting for eligible individuals who are incarcerated. “In recent years, some jurisdictions have adopted policies and practices to ensure voting access for persons incarcerated in local jails because of initiatives developed by jail leadership and advocacy organizations,” it reads.

The Sentencing Project concluded its months long search for a new executive director and has tapped human rights lawyer and a leading criminal justice expert Amy Fettig, the organization announced.

The advocacy group boasts Fettig’s “outstanding reputation” for her work dealing with prison conditions as deputy director of the American Civil Liberty Union’s (ACLU) National Prison Project. In that role, she has litigated a number of federal class action suits under the Eighth Amendment and led national campaigns against solitary confinement. According to The Sentencing Project, Fettig has also fought against the practice of shackling pregnant women and is heavily engaged in public education efforts regarding justice reforms.

“Amy’s extensive litigation, legislative advocacy, and public policy experience on behalf of incarcerated individuals and her established reputation as an organizer, collaborator, and human rights activist makes her uniquely qualified to oversee the nationally recognized research and advocacy work that has been a hallmark of The Sentencing Project,” said Cynthia Jones, president of the board of directors of The Sentencing Project.

Fettig has a Bachelor of Arts degree from Carleton College, a Master’s Degree from the School of International and Public Affairs at Columbia University, and received her J.D. from Georgetown University Law School, where she has taught as an adjunct professor, according to the announcement.

FROM TWITTER

Amy Fettig @abfettig

"Thrilled & honored to be joining the tremendous @SentencingProj team working to end mass incarceration through innovative research, advocacy & public engagement! https://t.co/h0wfbjLyNH?amp=1"

“I am thrilled to be joining this remarkable team at such a critical time in the fight to end mass incarceration nationwide,” Fettig said. “The Sentencing Project is uniquely positioned to use its research savvy and sophisticated advocacy to meet the new challenges and opportunities we face and I am honored to help them lead the way.”

At the National Prison Project, Fettig focused on claims dealing with mental and physical healthcare for prisoners, those in solitary confinement, victims of prison rape, sexual abuse and worked toward reforming conditions in juvenile facilities, according to the Practising Law Institute. She also served as director of the ACLU’s Stop Solitary campaign, which aims to end “the practice of extreme isolation in our nation’s prisons, jails and juvenile detention centers.”

Fettig will succeed Marc Mauer, who announced his retirement in the fall. He will be stepping down effective Wednesday, July 1, 2020 after 33 years at the Sentencing Project, according to the group. However, he will continue to be engaged in the organization despite leaving his current role. “I’m delighted that our Board has selected Amy Fettig to guide The Sentencing Project in the next phase of our organizational development,” said Mauer in a statement. “Amy brings wisdom, passion, and the skills necessary to challenge mass incarceration and to do so in a manner that promotes a more compassionate vision of public safety.”

Mauer has spearheaded criminal justice reform initiatives for nearly four decades and was named by The Atlantic as a scholar who “reframed how Americans view crime, race, and poverty in the public sphere,” according to the Sentencing Project. In 2018, Mauer was honored as a “Frederick Douglass 200” for his work as an individual who embodied the spirit of Douglass.

Originally a graduate of Stony Brook University, Mauer earned his Master of Social Work degree from the University of Michigan, reads his biography.

There are few institutions, if any, that have escaped the wrath of the COVID-19 pandemic. It’s impacts, in some ways, has quite literally made history—New York’s St. Patrick’s Day Parade, in some form or another has been held continuously for almost 260 years and the Boston Marathon, for the first time in its 124-year history, has been postponed. All of that changed when the COVID-19 coronavirus ravaged every corner of the U.S. and much of the globe.

The Supreme Court of the United States, too, will be confronted with a COVID-related first; it will hear oral arguments by telephone conference during the course of several days in early May. According to the Supreme Court, cases previously postponed will feature arguments on May 4, 5, 6, and then on May 11, 12 and 13.

“In keeping with public health guidance in response to COVID-19, the Justices and counsel will all participate remotely. The Court anticipates providing a live audio feed of these arguments to news media. Details will be shared as they become available,” according to the Supreme Court’s announcement.

Per reports from CNN, the move will bring some relative transparency to the normally insulated Court. However, there will be no video images of any of the justices during the arguments. The court also announced that in addition to the newly announced plan to hear arguments remotely, the Court Building continues to remain open for official business. The Court Building, though, will be closed to the public until further notice, and most Court personnel will be teleworking.

FROM TWITTER

CSPAN @cspan Apr 13

"C-SPAN is committing to airing live each of the Supreme Court's just-announced schedule of oral arguments for May, which will be held by teleconference. #SCOTUS"

Robert Barnes @scotusreporter Apr 13
"BREAKING: Supreme Court will begin holding oral arguments via teleconference, starting May 4. Trump financial records case among them"

The Clerk’s Office will be assigning argument dates, pending the availability of counsel, with some already on the calendar. According to the Court, the following cases will feature remote oral arguments:

• 18-9526, McGirt v. Oklahoma
• 19-46, United States Patent and Trademark Office v. Booking.com B.V.
• 19-177, Agency for International Development v. Alliance for Open Society International, Inc.
• 19-267, Our Lady of Guadalupe School v. Morrissey-Berru, and 19-348, St. James School v. Biel
• 19-431, Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, and 19-454, Trump v. Pennsylvania
• 19-465, Chiafalo v. Washington
• 19-518, Colorado Department of State v. Baca
• 19-631, Barr v. American Association of Political Consultants, Inc.
• 19-635, Trump v. Vance
• 19-715, Trump v. Mazars USA, LLP, and 19-760, Trump v. Deutsche Bank AG

Beckett, a legal group involved in a number of religious liberty cases, including three of the above listed—Little Sisters of the Poor v. Commonwealth of Pennsylvania, and Our Lady of Guadalupe School v. Morrissey-Berru and St. James Catholic School v. Biel—will be heard on Wednesday, May 6 and Monday, May 11, respectively.

The recently passed Coronavirus Aid, Relief, and Economic Security (CARES) Act (PDF) is a thick text featuring measures dealing with nearly every sector of the economy. Baked into the bill are a number of provisions directly impacting law firms, the courts and those navigating the judicial system. Even with the injection, though, concerns about potential shortfalls still loom.

The American Bar Association (ABA) enumerated some of the key sections of the stimulus package pertaining to legal services in a recent review. In an effort to specifically address the needs of low-income residents dealing with the COVID-19 health crisis, the Legal Services Corporation (LCS) received an emergency $50 million allocation, according to the ABA.

The funding will go toward assisting the LSC’s 132 grantees tasked with aiding low-income clients who are now facing eviction, layoff and other pandemic-related problems, according to the group. The group anticipates fallout from the pandemic will generate a “significant spike” in demand for legal services among low-income residents.

“We are grateful that Congress has recognized that COVID-19 is going to dramatically increase the life-altering civil legal needs faced by low income Americans and that legal aid can make a meaningful difference in addressing those needs,” said Ronald S. Flagg, president of the LSC.

Increased rates of domestic violence, attempts to scam the elderly, access to healthcare and a spike in layoffs and evictions are among some of the chief areas of concern, according to LSC. The LSC estimates it will cost upwards of $100 million to address this anticipated bump in legal services demand.

Further, remedies to fiscal shortfalls due to the pandemic are more complex than simply handing sums of money over to legal aid providers. The LSC warns there remains a potential risk to the immediate health of lawyer trust accounts—these accounts are a crucial source of funding for civil aid providers—in the wake of the Federal Reserve’s decision to cut interest rates to near zero. On average, LSC-funded entities get approximately 5.4% of their funding from these accounts, states the corporation.

CARES Act Covers Student Loans, Electioneering and the Courts: ABA

Additionally, the ABA highlighted some of the other ways the CARES Act addresses the legal sector and its imminent funding shortfalls. They include:

• A suspension of federal loan repayment obligations for student borrowers until Wednesday, Sept. 30. Until then, interest will not accrue and borrows will be credited as if they made their payments
• There will be a $6 million allocation to bolster telework capabilities, probation and pretrial services for federal courts, $500,000 for the U.S. Supreme Court’s remote working capacity, and $1 million to the U.S. Defender Services toward that same end
• A $400 million boost to states ahead of the 2020 federal election cycle
• A $100 million allocation the Federal Bureau of Prisons for “personal protective equipment, testing materials, home detention, electronic monitoring, and other alternatives to incarceration to improve prison conditions”
• And, $850 million in “expedited” grant funding to local and state jails and police departments for “local health protection needs.” Temporary rules will allow audio and video conferences for certain procedures like “detention hearings, arraignments, and misdemeanor pleas and sentencings.” Is also permits free video and telephone and visitations and “relaxed rules on early release and home confinement.”

“Prisons and jails are some of the highest-risk environments for the spread of COVID-19,” said ABA President Judy Perry Martinez in a statement. “The ABA is encouraged that the COVID-19 economic stimulus includes provisions to allow prisons greater access to personal protective equipment and COVID-19 testing materials. The ABA is further encouraged by the bill’s provisions that expand use of home detention and electronic monitoring.”