3.5: From Conflict to Clarity: Camp Lejeune Lien Resolutions

How does the heart of a retired judge continue to impact the legal profession through alternative means? In this thought-provoking episode of The Heart of Law, join our perceptive host, Mirena Umizaj, as she welcomes the Honorable Judge Randa Trapp to explore her inspiring transition from the San Diego Superior Court to her new role as a neutral with Judicial Arbitration and Mediation Services (JAMS). Together, they discuss the importance of diversity in the legal sector and the transformative power of victim narratives in forging a more personalized path toward justice and healing.

From the disciplined decks of the U.S. Navy to the esteemed bench of the San Diego County Superior Court, Judge Randa Trapp's career epitomizes a journey of resilience, dedication, and unparalleled service. As an alumna of San Jose State University and a respected veteran of the U.S. Navy, her formative experiences laid a robust foundation for her illustrious legal career. This relentless dedication propelled her into a prestigious role as an Adjunct Professor of Law at the University of San Diego School of Law, where she spent nearly two decades mentoring the future generation of legal professionals. Subsequently, her appointment to the San Diego County Superior Court by Governor Gray Davis in 2003 marked a significant milestone in her career, as she became the third-ever African American female judge to grace the bench of the third-largest court in the United States. Following her retirement in March 2021, Judge Randa Trapp continues to influence the legal landscape through her work with JAMS, the largest private provider of alternative dispute resolution (ADR) services worldwide.

As the episode unfolds, Judge Randa Trapp takes a moment to reflect on her circuitous professional journey, emphasizing that her path to the legal sector was anything but linear. Starting her adult life in the tumultuous sixties without professional role models to guide her, she embarked on her undergraduate studies with aspirations of becoming a pharmacist. However, her career trajectory underwent a significant transformation when she paused her academic pursuits to serve in the Navy, an experience she acknowledges as pivotal in shaping her personal development and igniting her passion to effect positive change in the world. Motivated by this newfound purpose, she transitioned to studying political science and eventually made her way to Georgetown University Law Center. Embracing her journey's unique twists and turns, she often shares her story to inspire young individuals contemplating a future in law, emphasizing the importance of keeping an open mind because "the law is multifaceted."

As the conversation deepens, Mirena probes into Judge Randa Trapp's tenure as a judge, leading her to reflect on this period as a defining highlight of her career. She fondly recalls the tradition of starting every jury trial with a flag ceremony to instill reverence and set the tone for the justice process that lay ahead. Shifting the discussion toward diversity within the legal sector, Mirena explores Judge Randa Trapp's commitment to promoting inclusivity within African American and broader minority communities. Judge Randa Trapp elaborates on her active engagement in these communities, emphasizing its significance in enabling young children of color to envision themselves in similar roles of influence, thereby nurturing their aspirations and dreams. Furthermore, she underscores the importance of establishing a judiciary diverse in gender, sexual orientation, and ethnicity to represent the community the court intends to serve authentically.

As their conversation draws to a close, Mirena delves into Judge Randa Trapp's seamless transition to JAMS, where her unwavering commitment to justice takes on a new form in the complex field of mass torts. Through her role, she offers a unique platform for victims to share their stories, often for the first time, facilitating a healing process that transcends monetary compensation. Building on this foundation, Judge Randa Trapp further highlights the essential role of mass torts in securing justice for a multitude of aggrieved individuals. She emphasizes that it takes a "special kind of lawyer" to navigate this complex area, underscoring the importance of assembling the right team to ensure that each case receives the attention and advocacy it rightfully deserves. In this vein, Judge Randa Trapp's unwavering dedication to meaningful impact, underscores a deep commitment to justice and healing, cementing her as an indispensable figure in the legal community and the individuals she serves.

Have you ever wondered how a legal luminary deftly maneuvers the intricate intersections of law, policy, and diversity? Buckle up for an exciting episode of the Heart of Law as our seasoned host, Mirena Umizaj takes you on a ride through the professional journey of Attorney Marlon Kimpson, a member of Motley Rice LLC, who much like a skilled driver, knows that "when you've got gas in the tank, you push the pedal." Experience the thrill of exploring Marlon Kimpson's significant litigation experiences as he offers valuable insights into his role as a state senator and the importance of maintaining a diverse legal practice.

 As a prominent member of Motley Rice LLC, Marlon Kimpson's practice encompasses a diverse range of legal areas, including aviation, consumer fraud protection, personal injury, wrongful death, securities litigation, technology, and media transportation. Notably, his impactful contributions extend to the realm of opioid litigation, where he played a pivotal role in securing an impressive $500 million for the state of South Carolina. Beyond the courtroom, Marlon Kimpson has a rich history in public service, having dedicated nearly a decade to representing the citizens of Charleston and Dorchester counties as the former South Carolina state senator for District 42. Recognizing his impactful advocacy, President Biden appointed him to the White House Advisory Committee for Trade Policy and Negotiations in 2023. With a passion for impactful giving, Marlon Kimpson describes himself as "all of that & a bag of chips," actively contributing to his family, law firm, community, state, and the country.

 In an engaging opening to their conversation, Mirena dives straight into the heart of Marlon Kimpson's relentless drive, asking, "How do you fill-up the tank?" With a reflective tone, Kimpson traces the roots of his tenacity to his transformative years at Morehouse College, where the inspiring words of African American orators and the camaraderie of a strong brotherhood deeply ingrained in him the ethos to strive for excellence in every pursuit relentlessly. His journey continued with a detour into banking after an initial setback in law school admissions due to LSAT scores, a pivotal period that reinforced his belief in finding one's true calling. This realization propelled him back to his legal aspirations, leading to a federal clerkship with the first African American judge in South Carolina, Matthew J. Perry, and eventually to a defining summer clerkship with a major defense firm, paving the way for his successful legal career at Motley Rice LLC.

 As Marlon Kimpson reflects on his experience at Motley Rice LLC, he details how it marked a significant chapter in his career, where he initially 'cut his teeth' on complex asbestos cases, advocating for those affected by industrial negligence. As his expertise grew, he shifted his focus to aviation litigation post-9/11, where he addressed global safety concerns and their impact on marginalized communities. His diverse legal skills were further demonstrated through his involvement in securing a historic $800 million settlement in the Twitter securities litigation. Further reflecting on the firm's progression, Marlon Kimpson underscores the importance of diversity in legal practice, viewing it not just as a facet of inclusivity but as a crucial strategic asset in understanding and representing diverse client experiences. 

As their conversation transitions, Mirena engages Marlon Kimpson in a discussion about his impactful tenure as a state senator, urging him to delve into pivotal moments, including his instrumental role in co-authoring the Body Camera Act following the tragic Walter Scott shooting. Furthermore, their dialogue extends to his recent presidential appointment, where he continues interweaving his legal expertise with his dedication to public service and societal advancement. As their conversation nears its close, they touch upon the delicate balance between work and personal life, with Marlon Kimpson emphasizing the importance of diversifying one's personal life, adhering to the principle of "not putting all one's eggs in one basket"—a guiding philosophy that he strives to impart to his children. With an eye on the future, he plans to explore various opportunities, ranging from potential business ventures to writing and speaking engagements. Yet, Marlon Kimpson's determination remains unwavering as he expresses his desire to continue at full throttle, savoring the rich interplay between his law practice, involvement in politics, and the well-being of his children.

What drives a legal team to succeed against all odds in high-stakes mass tort litigation? In this captivating episode of The Heart of Law, join our intrepid host, Mirena Umizaj, as she welcomes Attorney Jennifer A. Moore, the founder of Moore Law Group PLLC, to explore her transformative journey from personal injury law to the forefront of mass tort litigation. Embark on an exploration of resilience and justice as Attorney Jennifer A. Moore shares her pivotal role in the landmark Monsanto trial, a victory that not only shaped her career but also underscored her commitment to accountability in major legal battles, including the ongoing Zantac litigation. 

At the helm of Moore Law Group, PLLC, Jennifer A. Moore has earned a distinguished reputation for her unwavering advocacy on behalf of individuals nationwide suffering from injuries caused by defective products, medical malpractice, and motor vehicle accidents. With a legal career spanning over two decades, Jennifer A. Moore's record of securing numerous multi-million-dollar verdicts and settlements has cemented her status as a formidable figure in class and complex litigation. Her dedication to justice was resoundingly demonstrated by successfully trying the only federal court case involving Roundup weedkiller, which resulted in an $80 million verdict against Monsanto and led to settlements exceeding $10 billion for thousands of victims. Beyond her legal achievements, Jennifer A. Moore's leadership extends to empowering future female leaders through her work with Emerge Kentucky. As its founder and past board chair, she has played a crucial role in training over 250 women, 42 of whom are currently serving in office. 

As the dialogue unfolds, Mirena delves into Jennifer A. Moore's early inspiration to become a lawyer, a spark ignited during her elementary school years by her aunt's legal journey and the historic appointment of Sandra Day O'Connor to the Supreme Court. Her early fascination with law matured into a steadfast commitment, guiding her through law school and subsequently to a judicial clerkship with the Sixth Circuit, an enriching experience she recommends every law student undertake. As the conversation deepens, Mirena inquiries about the pathway to success in mass tort litigation, prompting Jennifer A. Moore to emphasize the importance of pursuing a career "doing something you love." She candidly discusses her personal commitment to representing cancer victims, a path shaped by her own experiences and fueled by an earnest desire to seek accountability from those responsible. Her dedication to this cause, deeply intertwined with her professional ethos, exemplifies the powerful impact of aligning personal values with legal practice.

Shifting focus, Mirena touches upon a seminal moment in Jennifer A. Moore's career: the trial against Monsanto, a case that not only marked a significant victory for her clients but also profoundly altered the trajectory of her career. Jennifer A. Moore reflects on the trial's intensity, paralleling it with her childhood experiences of riding horses with her grandfather, who instilled in her the tenacity to rise after every fall and to not let fear be apparent. This lesson became pivotal in her legal approach, especially in front of a jury, where she learned the importance of exuding confidence, understanding that just like a horse, a jury can sense fear. Moreover, Mirena inquiries about the evolving landscape of mass torts, highlighting the dual impacts of digital advertising and private equity in the sector. In response, Jennifer A. Moore stresses the importance of thorough due diligence, consistent and effective client communication, and cultivating professional relationships, outlining these as key strategies for adeptly navigating the terrain. 

As their conversation draws to a close, the focus shifts to the recent Zantac litigation, where Jennifer A. Moore provides an update on the significant advancements and challenges. She details the dismissal of cases in the MDL and their ongoing appeal in the 11th circuit, expressing frustration over the court's handling of scientific evidence. Her commitment to her work is unmistakably clear as she discusses working through the holiday season to meet key deadlines. This dedication is part of her preparation for a challenging year ahead, including multiple trials in California and a Daubert hearing in Delaware, exemplifying her relentless pursuit of justice and unwavering commitment to her clients.

In a world where paths often seem predetermined, brace yourself to unravel the awe-inspiring narrative of a man who transformed a 105-year prison sentence into a Harvard fellowship. Join us for an exceptionally empowering episode of the Heart of Law as our distinguished host, Mirena Umizaj, introduces Andre Norman, a revolutionary transformational speaker, strategist, and consultant transforming correctional systems globally, motivating individuals and organizations to embrace resilience and achieve unparalleled success. Through a candid exploration of trauma, resilience, and untapped potential, this episode peels back the layers of societal challenges, revealing the heart and consciousness of humanity.

 

From the confines of prison walls to the prestigious halls of Harvard, Andre Norman's journey epitomizes the power of resilience and personal transformation. Internationally renowned as a motivational speaker, Andre not only shares his remarkable story but enriches every engagement with a dynamic blend of inspiration, innovation, and personal growth. Collaborating with esteemed institutions like the London Business School and influential networks such as the Young Presidents Organization, Andre has become a trusted advisor and speaker. His dynamic presentations, rooted in personal experiences, captivate audiences globally, empowering them to surmount obstacles and unlock boundless potential. With a global influence extending to countries such as Honduras and Sweden, Andre's profound impact on correctional systems and ability to inspire individual transformation are unmatched. Whether guiding executives, mentoring emerging entrepreneurs, or illuminating global stages, Andre Norman's indelible presence fosters enduring empowerment.

 

As the conversation unfolds, Andre openly shares his tumultuous journey from a troubled upbringing in Boston, triumphing over domestic violence, to overcoming the bussing crisis of the '70s. His path, riddled with challenges from being a sixth-grade drug runner to enduring a daunting prison sentence, reflects a remarkable transformation fueled by resilience. Determined to break free, he set a goal, earned his GED, became a jailhouse lawyer, and ultimately secured a prestigious fellowship at Harvard Law School in 2017. With an intimate understanding of the flaws within prison and school systems, Andre passionately advocates for change, emphasizing the transformative power of firsthand experiences in driving reform. Over the past 24 years, he has immersed himself in the lives of inmates, forging profound connections by authentically sharing in their pain. In addressing systemic issues, Andre underscores the urgency of comprehensive reforms, urging stakeholders to invite experienced voices to articulate viable solutions.

 

As the conversation delves into the heart of reform, Mirena and Andre uncover a profound truth: the remedy for a broken prison system does not lie within its walls but finds its roots in the earliest stages of societal development, notably, kindergarten. He passionately refutes the notion that certain children, even those from affluent families, are exempt from the harsh realities of life. His poignant message to parents resounds – "Don't believe your kids don't count." Reflecting on his personal path, he underscores the impossibility of growing up without a dream. For Andre, the core of change resides in helping individuals, irrespective of background, discover and resolve their pain, fostering a collective responsibility toward rehabilitation that begins long before one encounters the criminal justice system.

 

As the episode comes to a close, Andre confronts the stark realities of a broken prison system, highlighting the pressing need to address the operation's severe understaffing and the unsafe conditions that act as a mere "warehouse" for individuals. The conversation takes a poignant turn, highlighting the crucial role of cultural communication as a vital bridge for healing the rift between staff and inmates. He emphasizes the profound lack of trust among inmates, whose "wounds run as deep as the ocean." With a committed goal to guide individuals towards becoming the best versions of themselves, Andre passionately announces his upcoming seminar event in December, a beacon of hope for those seeking transformation. In the final moments, Andre leaves us with a somber reminder of life's fragility, encapsulated in the heartrending tale of a young soul lost. In a resounding final plea, Andre implores: "Don't judge the help, just accept the help."

Step into the dynamic realm of litigation finance, where the heartbeat of law intersects with financial ingenuity. In this revealing episode of "The Heart of Law," our adept host, Mirena Umizaj, collaborates with expert strategist Jacob Cantrell, Co-founder, and Chief Risk Officer of Rocade Capital, to explore the intricacies of strategic legal financing. Drawing from their respective expertise, they clarify misconceptions surrounding litigation financing, explore optimal client structures, and distinguish between various business models in the legal sector.

 With over 17 years of experience in financial services and the energy trading market, Jacob Cantrell has left an indelible mark on the industries he's been a part of. Having served in key executive positions at the Commission Exchange and EDF Trading, he has consistently been at the forefront of innovative strategies, particularly developing new asset classes in deregulated power and gas markets. Moreover, Jacob Cantrell has served as the vice president of the Community National Bank in Texas, where he spearheaded the creation of a loan review department and collaborated closely with the board to maintain outstanding asset quality. Guided by his visionary leadership, Rocade Capital has achieved remarkable growth, managing asset quality risks, optimizing returns, and providing an impressive $900M+ in funding since 2014 to law firms pursuing complex litigation growth capital.

 As the conversation unfolds, Jacob Cantrell presents an encompassing view of litigation finance, from conventional commercial litigation finance to loans tailored specifically for law firms. Intrigued by his expertise, Mirena delves deeper into Jacob's transition from a community-focused banking role to navigating the intricacies of energy trading. However, it wasn't until he encountered litigation finance that he discovered the "missing piece" that enabled him to effectively merge his skills with his deep-rooted desire to assist individuals in accessing justice. Prompted by Mirena's curiosity about potential misunderstandings, Jacob addresses the prevailing misconceptions surrounding litigation finance and underscores the critical role of trust between capital providers and law firms. He candidly points out that while barriers to entry are low, true long-term success demands a deep understanding of the law firm's operations, from case acquisition to settlement processes, fostering genuine partnerships where both parties prosper mutually.

 Drawing from his experience, Jacob sheds light on Rocade Capital's flexible loan structure, emphasizing a commitment to backing law firms embodying a growth mindset, client focus, and a data-driven approach. For him, it's not merely about amassing cases; it's about law firms envisioning leadership roles within their legal sector, fueled by strategic investments in their people, processes, and technology. Mirena extends the dialogue by discussing the evolving business mindset within the legal profession, noting the challenges firms face in predicting their performance. She emphasizes the transformative impact of litigation finance in addressing "growth pains" and enabling firms to sustain and predict their trajectory. Concurrently, Jacob underscores its pivotal role in ensuring access to justice for the average American, allowing law firms to take on cases without upfront costs and challenging the notion that legal representation is exclusively for those who emerge victorious.

The conversation effortlessly transitions into the details of litigation finance, encompassing liability assessment, diverse evaluation processes, and various business models. Elaborating on this, Mirena presents the concept of a sustainable business model, prompting law firms to measure their value proposition against the overarching goals of the legal industry. Moreover, as the conversation comes to a close, the focus shifts to the emerging equity structures and evolving landscape in Arizona, where Mirena and Jacob express a cautious yet observant stance, recognizing the potential for a more robust equity structure that incorporates legal and financial aspects.

In a world where the intricacies of our legal system intersect with the heart-wrenching struggles of society's most vulnerable, emerges a remarkable individual whose unwavering dedication knows no bounds. Join us for an exceptionally heartfelt episode of the Heart of Law as our compassionate host, Mirena Umizaj introduces us to prominent Attorney Steve New, a founding member of Stephen New & Associates. Together, they embark on a poignant exploration to uncover the raw realities behind society's two profound wounds: the heart-rending cases of Neonatal Abstinence Syndrome (NAS) and the harrowing conditions within our prison system. 

At the heart of today's episode stands a legal luminary who has been a cherished friend of our host, Mirena Umizaj, for more than a decade. With a remarkable career spanning 25 years, Attorney Steve New has championed justice in various legal domains, from catastrophic and wrongful death cases to mass environmental damage and employment discrimination. However, what truly sets him apart is his fearless pursuit of justice in civil rights litigation, confronting the government and state of West Virginia to expose inhumane prison conditions while passionately advocating for babies born with NAS, a cause close to his heart since 2018. His unwavering commitment to these endeavors is exemplified by his impressive track record, having tried over 60 cases to jury verdict and making 8 appearances before the West Virginia Supreme Court of Appeals. 

As Mirena and Attorney Steve New embark on their enlightening conversation, the harsh realities of West Virginia's battle with the opioid epidemic come to the forefront, revealing the innocent victims caught in the crossfire. With heartfelt passion, Attorney Steve New reflects on his experience representing NAS cases, powerfully emphasizing, "There is no more innocent victim in this than addicted babies." Within this contemplation, he eloquently sheds light on the intricate challenges in substantiating these highly specialized cases and addresses the heart-wrenching scarcity of support for afflicted families. As the conversation deepens, Attorney Steve New provides insights into the recent proceedings, maintaining an unwavering hope for the appeal despite the disheartening ruling by the West Virginia Mass Litigation Panel, firmly believing that "no cause is truly lost" as he knows that ultimately, "some court is going to hear the voices of these children and care." 

Transitioning the conversation, Mirena prompts Attorney Steve New to delve into the origins of his involvement in the Southern Regional Jail cases in West Virginia. He shares that his profound connection with these cases began in early 2022, ignited by the impactful stories he came across, with the tragic case of Quantez Burks standing out prominently among them. Deeply appalled by the systemic issues at hand, Attorney Steve New, alongside his dedicated team, embarked on a relentless mission for justice, filing a lawsuit and subsequently pursuing a class certification on behalf of an astonishing 17,000 inmates. Their work is a testament to the pervasive challenges of overcrowding, understaffing, and deferred maintenance within West Virginia's correctional system, symbolizing a collective effort to rectify these injustices and provide relief for countless individuals who have suffered in silence. 

As the conversation concludes, Attorney Steve New unveils his broader vision to Mirena, reaching beyond West Virginia to ignite a nationwide movement for prison reform with the hope of "turning the tide" on harsh conditions and inspiring a change in public sentiment. He emphasizes that the key to achieving this lies in sharing the stories of those affected and fostering collaboration among like-minded individuals and groups. With eager anticipation for the forthcoming October class certification hearing, Mirena extends a heartfelt invitation to all who resonate with the cause to step forward and actively participate in the conversation, ensuring that the vision for change continues to grow.

What intriguing connection bridges the role of a meticulous "trash man" and that of one of the nation's most esteemed figures in the MSA industry? Join us as we delve into this captivating parallel, where Attorney John Cattie Jr., the managing member of Cattie and Gonzalez P LLC, expertly sweeps through the complexities of lien resolution within mass tort cases, ensuring the stage is impeccably set for maximum compensation. In this enlightening episode of The Heart of Law, our sage host Mirena Umizaj engages in a compelling conversation with Attorney John Cattie Jr, delving into the intricate process of untangling liens within the context of the Camp Lejeune litigation. From addressing liens' impact on settlement proceeds to a thorough discussion on potential waiver and offset scenarios, their dialogue reveals the strategic prowess required for successful lien resolution. 

At the forefront of Cattie and Gonzalez PLLC, Attorney John Cattie Jr. leads a career devoted to deciphering healthcare complexities, optimizing settlements, and securing future Medicare and Medicaid benefits. Tracing his roots back to Garrison Resolution Group in 2008, he swiftly recognized a pressing need among clients for legal insights into Medicare set-asides. Building upon this foundation, Attorney John Cattie Jr. launched his own practice in 2016 and has since established himself as a transformative force in the field. Today, he collaborates seamlessly with clients on singular and master cases, achieving unmatched outcomes in lien resolution nationwide. Beyond safeguarding Medicare and Medicaid benefits, his strategic insight has not only ensured his clients' success but has also garnered him accolades from multiple federal and state courts.

As Mirena and Attorney John Cattie Jr. delve into their insightful exchange, the nuanced layers of lien resolution within the Camp Lejeune litigation are distinctly brought to light. While liens are ubiquitous in bodily injury claims, Attorney John Cattie Jr. highlights the unique challenges associated with the Camp Lejeune case, specifically regarding healthcare reimbursements. With a touch of humor, he likens navigating these complexities to managing a "big ball of trash," highlighting his role as a legal clean-up specialist. Venturing further into the subject, Mirena probes into the intricacies surrounding government waivers as Attorney John Cattie Jr. illuminates the far-reaching implications of the Camp Lejeune Act. While acknowledging the best-case scenario of a full waver, he accentuates the imperative for meticulous due diligence. With a word of caution against the perils of "flying blind," he stresses the urgency of weighing all potential scenarios, especially those with repercussions for future Medicare and Medicaid benefits. 

As their conversation concludes, attention is riveted to the multifaceted world of lien resolution, an arena where Attorney John Cattie Jr. has carved a niche over the past 15 years. He nostalgically recalls the nascent challenges surrounding Medicare coverage, hinting at the nuanced difficulties that linger. Founded in 2016, his firm stands as a testament to his unwavering commitment to championing the rights of injury victims post-settlement, ensuring they retain unimpeded access to Medicare and Medicaid benefits. Notably, he underscores the value proposition offered by his website https://camplejeunelienresolution.com/, where users can access recent case updates, litigation statuses, and biannually updated lien resolution insights. Beyond this digital platform, his firm, bolstered by a team of 22 adept professionals, showcases the profound advantages of outsourcing lien resolution to augment both efficacy and profitability for personal injury attorneys. For legal practitioners threading this complex domain, Attorney John Cattie Jr. charts an enlightened trajectory, emphasizing the power of collaboration, proactive management, and continual learning.

Prepare to venture into the uncharted territory of Arizona's legal landscape, where the rulebook is being reshaped, and the status quo is bravely defied. In this transformative episode of The Heart of Law, our astute host, Mirena Umizaj, invites Ethics Attorney Lynda Shely, the esteemed founder of The Shely Firm, to shed light on the intricacies of the Arizona Business Structure (ABS) program and its groundbreaking 2021 rule changes. Together they discuss the elimination of Ethics Rule 5.4 and how it has acted as a powerful catalyst, propelling Arizona lawyers to forge collaborative partnerships with non-lawyers, igniting a new era of innovation and opportunity in the legal landscape.

 With an impressive private practice spanning over two decades, Attorney Lynda Shely has consistently delivered exemplary representation to numerous law firms while also providing invaluable ethics advice to over 2,000 firms nationwide. However, her influence extends far beyond her thriving practice. With pivotal roles in prominent committees and organizations, including the Arizona Supreme Court's Alternative Business Structure (ABS) Committee, Attorney Lynda Shely stands at the vanguard of the ABS program's development and implementation, driving the advancement of innovative approaches to legal practice.

 As the episode unfolds, Attorney Lynda Shely takes a moment to reflect on her personal journey to becoming an ethics attorney, navigating the delicate balance of career and motherhood while raising her three children. Her story serves as a testament to the determination and resilience required to carve a path in the legal profession. Reflecting on her experiences, Attorney Lynda Shely unveils her instrumental role in spearheading the groundbreaking initiative that allows Arizona lawyers to establish law firms with non-lawyers as owners or investors. Addressing misconceptions, she acknowledges lawyers' concerns about potential conflicts of interest. However, she assures listeners that the Arizona ABS program is designed to maintain integrity by safeguarding lawyers' control over legal decisions. She sheds light on the rigorous regulations and meticulous approval process that enable non-lawyers to hold ownership stakes in law firms while respecting the professional autonomy of lawyers in client representation and case selection.

 As the conversation progresses, the focus shifts to the intriguing realm of mass torts and its intersection with Wall Street. With artful emphasis, Mirena highlights the profound significance of this intersection, succinctly stating, "this is where the rubber meets the road." Her words resonate as Wall Street ventures into the domain of mass torts, actively investing in law firms through financial loans, seamlessly integrating themselves into the very fabric of the debt structure. In parallel, Mirena and Attorney Lynda Shely explore the ever-evolving landscape of technological advancements, honing in on the transformative impact of chat GPT and its wide-ranging implications for the legal field.

 As the final moments of the episode unfold, the spotlight shifts toward the legal landscape in Utah, where uncertainty looms over the issue of non-lawyer ownership. Mirena's mention of Utah's shifting stance from considering partnerships to potential felony charges raises eyebrows and prompts reflection. In response, Attorney Lynda Shely expresses her disappointment in these attempts to restrict innovation and courageously advocates for the embracing of change. She acknowledges that "change is scary,", particularly in the legal profession, where risk aversion often prevails. However, she reminds us that it is precisely this embrace of change that propels progress and allows the legal profession to adapt and better serve its clients.

 

QUOTABLE QUOTES:

1. "I represent firms in every practice area. So, I have to understand the ethics rules, but not necessarily have very detailed knowledge of a specific practice area like mass torts or estate planning or tax."
2. "The Arizona Supreme Court created a task force on the future of the profession to look at a couple of issues, not just access to justice, which we all know there is a huge gap in getting legal services to people who need it, but simply informing folks that they might have a legal issue and how to get legal services."
3. "Some of us who are ethics lawyers looked at the rules, and one of the rules that they were reviewing was Ethics Rule 5.4, which is the rule that prohibits lawyers from both sharing legal fees with non-lawyers and having a partner who's a non-lawyer. In Arizona, our task force looked at the rule and really kind of looked at what else was going on in the whole world, not just the US. And they looked at the fact that the UK has had these alternative business structure law firms, and an ABS is simply a law firm that has some non-lawyer owners."
4. "The UK has had ABS law firms for years, and so has Australia, and they've been able to demonstrate that, look, this provides capitalization to firms, which frequently lawyers are not good at finding capitalization for their firms. It also provides incentives to key paraprofessionals because we all have issues with trying to maintain our staff and keep quality people."
5. "The number one misperception about Arizona's program is that it permits non-lawyers to practice law, and that's not true. The other, and I would say this is a legitimate concern, lawyers express concern, oh if we're going to have non-lawyer partners, all they're going to be interested in is the bottom line, and they're going to tell me I shouldn't take depositions because they're too expensive... I get that. And that's a very legitimate concern."
6. "Arizona's ABS program is designed to hopefully prevent non-lawyers from controlling the legal decisions that lawyers make. The ABS regulations are very detailed in saying, you know, non-lawyers, you can own a hundred percent of an Arizona law firm that we approve. It has to go through the ABS committee, and you have to get all the non-lawyers, including all the companies, approved by the ABS committee. You can own 100% of the firm, but you cannot direct the legal representation of clients or even which clients the firm will represent."
7. "The ABS program actually is more transparent than the existing litigation funding in other states because where you have a law firm in someplace else that borrows money to be able to pay for all of the advertising that they have to do and all the expert witnesses, in the ABS program, you know exactly who's involved with that lawyer because it has to be disclosed in the application. So I would say that the ABS law firm process is much more transparent than regular litigation funding."
8. "The ABS application journey, I guess, starts with a lawyer considering that they want to partner with a non-lawyer. And I tell everybody on both sides… do your homework. It's just like being engaged. You don't get engaged overnight. First, you date somebody for a while, and you figure out if your values are compatible... Same thing in a law firm; before you bring a partner on, you do some due diligence, same thing in the ABS process."
9. "The ABS applications are very detailed. They require disclosing every person or company that will have a 10% or greater ownership or economic interest in the firm. So, it's kind of a proactive approach to saying before you create this law firm, tell us that you know what you have to have in place."
10. "I think the ABS process and the regulations are far better at assuring that the people who are involved in these law firms understand they have an obligation here to serve clients. This is not just about the bottom line; it's a for-profit firm. So yes, you can make profits, but it is about representing the clients."
11. "Change is scary. I recognize the concern but number one; you're not going to have Wall Street buying up, gobbling up every law firm in Arizona. That's just not gonna happen. Number two, you don't have to participate in this. I have a law firm in Arizona. It's not an ABS."
12.  "I appreciate that change in the legal profession is glacial because lawyers are resistant to risk and change, which is good."
13. "I don't think Chat GPT is going to eliminate lawyers. I think it probably will help lawyers be more efficient. It's kind of like a giant form file that large firms all have. So I don't see technology eliminating us."
14. "I think you're gonna have a lot of main street lawyers still in, in small firms, solo shops. And that's wonderful. But you also might have Wall Street investing in that small, small town sole practitioner and allow them to maybe update their technology and make their services even more efficient, more affordable."
15. "I think law firms might pretend that they weren't for profit. They want to say we're a profession, and we are, but every firm is for profit unless they are officially a nonprofit, and more firms should consult with somebody like you because I'm not teasing when I say lawyers are bad at finance."
16. "By permitting Wall Street to be able to invest in a firm, you actually are expanding access to justice and access to legal services because you might then be able to fund a lawyer who's a small-town lawyer who's great expertise and has a compassionate heart and is great with clients, but they can afford a national ad campaign, can't afford ten years of litigation against a huge corporation and hiring all the experts that are needed. "
17. "We're years and years into mass torts, and it costs a fortune to do this. And so the consumer who has a possible claim, number one, might not even know it. So that's what a lot of this is. It's educating consumers about their recourse. And then number two, having the finance to be able to front all this money because mass tort lawyers don't charge their clients the cost upfront; they front all that money."
18. "My personal view is I'm sad to hear that lawyers who are frightened by the change are trying to go to the legislature and restrict change. I think it's shortsighted. I think it hurts the profession, and it hurts consumers, and shame on them for being afraid to let Utah have their sandbox, their pilot project."
19. "I think Arizona's BS program is being so careful. I would say if anything, we overregulate the law firms that are being approved by requiring so much disclosure and so much looking behind the curtain to see who's actually controlling everything."
20. "Everybody who is a licensed A BS law firm in Arizona is a representative of the program. So it's to everybody's benefit that we approve firms that are trying to comply with the regulatory objectives and that everybody abides by the rules because you're right. We want to show this is; this is an opportunity for lawyers; this isn't being done to lawyers."

 

EPISODE SURVEY:

[00:02:15] - [00:04:25] Navigating the Intersection of Ethics and Law: Lynda Shely's Journey as an Ethics Attorney

[00:04:59]- [00:09:43] Revolutionizing Legal Partnerships: Eliminating Rule 5.4 and Embracing Non-Lawyer Ownership

[00:11:54] - [00:16:48] Balancing Transparency and Control in Mass Tort Partnerships: The Role of Wall Street and the ABS Program

[00:16:50] - [00:27:03] Examining the Path to Partnership: The Process of Establishing an ABS Law Firm

 [00:27:08] - [00:39:16] Embracing Opportunities and Addressing Concerns: Navigating ABS Partnerships with Confidence

 [00:39:19] - [00:47:50] Future Predictions: Law Firms, Wall Street, and the Role of Legal Technology

[00:47:53] - [00:52:06] Utah's Bold Steps: Embracing Change and Expanding Legal Services

 

ABOUT OUR GUEST:

●      Founder of The Shelly Firm in Scottsdale, Arizona

●      Currently serves on the Arizona Supreme Court's Alternative Business Structure, ABS Committee.

●      2020-2023 Chair of the ABA Standing Committee on Ethics and Professional Responsibility.

●      Serves as an Arizona delegate in the ABA House of Delegates

●      An active member of the State Bar of Arizona Ethics Advisory Group

●      President of the National ABS Law Firm Association

●      Past Director of Lawyer Ethics for the State Bar of Arizona for ten years

●      Past president of the Association of Professional Responsibility Lawyers and the Scottsdale Bar Association.

●      Recipient of numerous awards, including the 2007 State Bar of Arizona Member of the Year award and the 2022 Maricopa County Bar Association Member of the Year Award.

●      Has served as an adjunct professor at all Arizona law schools, teaching professional responsibility

Join host, Mirena Umizaj, in the latest episode of The Heart of Law podcast as she delves into the world of modern law firms and their innovative approaches to delivering superior client service. 

In this captivating episode, Mirena interviews Sam Tabibian and Sahm Manouchehri, partners at Lyfe Law in Los Angeles, CA, who are widely recognized as leaders in the industry. They share how embracing cutting-edge technology has enhanced efficiency and revolutionized the legal process. 

With their firm's motto of "Better technology improves efficiency" Sam and Sahm have been at the forefront of leveraging innovative tools and strategies to provide their clients with exceptional service. Mirena and her guests take a deep dive into Lyfe Law's journey, starting from their founding as Century Park Law Group in 2013. They share transformative decision to rebrand, enabling them better to express their identity as a forward-thinking law firm. By prioritizing quality over size, Lyfe Law has differentiated itself in the competitive Los Angeles market and positioned itself as a trusted partner for clients facing legal challenges.

Sam and Sahm provide valuable insights into the challenges and opportunities facing law firms today. The episode sheds light on the distinct differences between West Coast and East Coast law firms in terms of structure, culture, branding, and consumer connection. Mirena asks questions about the fascinating world of artificial intelligence (AI) and its impact on the legal field having both exciting possibilities and challenges that AI presents for the future of law.

Episode #3.2: The Heart of Law With Attorney Ed Bell

 

Are you ready to uncover the truth behind one of the most significant and complex cases of our time? Join our intrepid host, Mirena Umizaj, in a powerful and poignant episode of The Heart of Law, as she invites Attorney Ed Bell, the founder and senior partner at Bell Legal Group, to explore the unwavering dedication of Attorney Ed Bell and his team to pass the Camp Lejeune Justice Act and provide justice for the hundreds of thousands of victims impacted by the catastrophic contamination that occurred at Camp Lejeune.

​​With a career spanning over 30 years, Attorney Ed Bell is widely regarded as one of the best trial lawyers in the country today. But what sets him apart from the rest? Well, according to Mirena Umizaj, he's a "unicorn" in the legal world! Not only is he a top civil litigator in complex litigation, but he's also a successful business owner, entrepreneur, and philanthropist. And it's not just his impressive credentials that make him stand out. Attorney Ed Bell's unwavering commitment to seeking justice and advocating for his clients is truly remarkable, as evidenced by his tireless efforts in the Camp Lejeune water contamination case spanning over a decade and a half. As Mirena and Attorney Ed Bell delve deeper into the intricate details of the case, their conversation takes on a sense of urgency, punctuated by the gravity of the recent developments and hearing that served as a stark reminder that time is of the essence. 

Navigating through the complexities of this case is no small feat, as the overwhelming volume of claims creates a formidable challenge for the government to manage effectively. Sensing the court's ardent desire to fast-track the proceedings, Attorney Ed Bell ingeniously proposes the implementation of bellwether trials–an innovative approach that not only expedites the legal process but also provides both sides with a valuable opportunity to test their theories, present their arguments, and ultimately determine the value of the case at hand. As Attorney Ed Bell passionately explains, "I haven't had a client yet ask me what their case is worth; they don't care. That's not their goal. Their goal is to have somebody say, 'Why did you kill my children?'" Thus, the heart-wrenching pursuit for justice and understanding, driven by grief and anguish, takes precedence over monetary value for these clients. 

This case has left a lasting impression on many, including Mirena, who had her own transformative "Erin Brockovich moment" upon hearing the story. The profound resonance of the case has transcended personal connections, permeating influential circles and capturing the attention of notable figures, including President Joe Biden, Congressman Greg Murphy, and other prominent individuals who have played pivotal roles in advancing the associated bill. With a relentless determination to uncover the truth, Attorney Ed Bell has taken the initiative to create an epidemiological model as a supplement to the ATSDr study, while also spearheading the establishment of a remarkable call center staffed by veterans and their families.

Attorney Ed Bell's journey and passion for justice is truly remarkable. From his love for cooking to his discovery of law, his tenacity and dedication to his clients and the legal industry is truly inspiring. With the help of his law school interns and a team of compassionate professionals, Attorney Ed Bell continues to lead the charge for justice in the Camp Lejeune lawsuit. His message to the legal industry is clear - let's prioritize our clients and strive to do what's right. With Attorney Bell leading the way, there's hope for a brighter future where justice prevails.

 

EPISODE SURVEY:

[00:03:40] - [00:06:20] Passion and Priorities: The Secret Ingredient to a Successful Legal Career

[00:06:56] - [00:11:45] Camp Lejeune Case: Latest Updates and Court Hearing Highlights

[00:11:48] - [00:19:03]  Overcoming Challenges in Mass Litigation: Case Volume, Test Trials, and Government Engagement

[00:19:04] - [00:25:54] Striking a Balance: Client Needs and Attorney Fees

[00:27:02] - [00:41:30] Pursuing Justice for Camp Lejeune: A Timeline of Advocacy, Collaboration, and Triumph

[00:41:31] - [00:50:21] Restoring Faith in The System: An Emotional and Transformative Case

[00:50:23] - [01:00:57] Catalyzing Change: Mass Tort Frenzy, Presidential Recognition, and Marine Response

[01:01:01] - [01:10:38] Thriving Against All Odds: Firm Growth and Collaborative Efforts in Camp Lejeune Litigation

[1:10:44] - [1:19:51] Legal Mentorship, Culinary Passion, and Client Dedication: A Journey of Advocacy and Success

[1:20:00] - [1:21:53] Concluding Remarks: A Message to Clients and The Legal Industry

 

QUOTABLE QUOTES:

1. "I encourage, I inspire, I try to do what I can to get people to the best of their game, but it's amazing how sometimes if you let people be themselves and not try to micromanage them, how much better they can do."

2. "I hope at the end of this case we won't sit back and talk about the money; we'll talk about the people we helped and maybe give a new direction to how people in America have the right to utilize the justice system. What I hope though is that the community as a whole, our body of politics, our local folks should remember the reason why our founders founded the judicial system is so that citizens could fuss with each other without killing each other."

3. "I think those of us who believe passionately in something, no matter whether it's cooking or law or husbandry or animals, whatever, there are some people that have this driving passion that makes them strive for excellence. I think I try to have some of that. Every now and then, I feel it. Sometimes I don't. I have to go looking for it. But I think it's part of any successful attorney... It's just a different passion for what you're doing."

4. "I haven't had a client yet ask me what their case is worth; they don't care. That's not their goal. Their goal is to have somebody say, 'Why did you kill my children?'"

5. "We have so many families that have lost all of their family members that were at Camp Lagoon, and you can see the pattern: they lived in the worst location. And most of these people have the worst diagnosis. When you multiply that risk of having cancer hundreds of times, then you've created something in these families that is unbearable. They want to know why, why the government did it, and why they're able to get away with it."

6. "We had to figure out a way to get these folks their ability to find justice, and that's what we did. When we got kicked out of court, I had a meeting with a bunch of our clients, and in the middle of the meeting, I said, 'Don't worry, we're going to do something. I'll take care of it.'"

7. "I think those families that I got to know for the 15 years we've been working on this case are the things that inspired me to kind of get us where we are today."

8. "I think the Court's going to be happy with the attorneys that are there. I think the Court's going to see our passion and those folks that are representing these victims and families. If we watch out for them as our clients and keep that as our focus, I think this will be successful."

9. "My job is not necessarily to just protect the easy cases but to protect those people who otherwise wouldn't have a voice."

10. "One of the things we didn't expect was that this was a very satisfying project we had. But not realizing the impact that it would have on us as a law firm, that's when I reached out to your group and said, 'Look, I'm a pretty good lawyer, and I need somebody to give me some help and some advice,' and your group has come in and helped us tremendously in our growth and in our management of certain things."

11. "I have not agreed with every jury verdict in my life, but I've always respected that verdict and kind of understood why sometimes I didn't get the result that I wanted. But having that respect for the system, I hope we can instill that among the people we represent so that they don't feel like the government can just take over their lives and do anything they want to them."

12. "We've just kept our heads down and we just kept plotting away doing what's right, and everybody worries about what the Court's going to do. I'm not worried at all what the Court's going to do, they're going to do it, and we just need to go along with what's getting ready to happen."

13. "Some of these non-lawyer advertising groups have given lawyers a bad name. A lot of them are lies and that hurts all of us. A lot of Marines and Marine families don't trust them and have not wanted to go forward because of this. I would urge them not to throw the baby out with the bathwater. There are a lot of good lawyers that would be willing to take their case and be able to help them"

14. “I believe the proof is in the pudding. We are good litigators, we know how to manage cases, we know how to put them together. All we're doing is doing more of them. It means something to me when some of the top lawyers in the country asked me to help them on these cases."

15. "I'm eternally grateful to my clients for trusting us to do what we're doing… we will not let them down. My message to the legal industry is let's do this right, let's let this be an example to other cases of how to do it. I think we can, I think we can do it right if we keep client focus as our number one goal. Then things will work out."

 

ABOUT OUR GUEST: 

●      Founder and Senior Partner of Bell Legal Group in Georgetown, South Carolina

●      Recognized as a Martindale-Hubbell AV® Preeminent™ Peer Rated attorney

●      Listed among The American Trial Lawyers Association's Top 100 Attorneys

●      Named to prestigious publications such as Best Lawyers in America, Super Lawyers, Lawyer of the Year, and Benchmark's Litigation Star

●      Recipient of the SC Lawyers Weekly Leadership in Law Award

●      Serves as the chairman of the board for Garden & Gun magazine (2010), Garden & Gun Land, and The Litchfield Company

●      Established a cutting-edge Vehicle Safety Research Center dedicated to investigating auto defects, conducting accident re-enactments, developing exhibits, and unraveling the intricate aspects of injury and accident cases.

●      Appointed as the president of the Charleston School of Law

●      Member of the Bars of South Carolina, United States District Court (District of South Carolina), United States Fourth Circuit Court of Appeals, United States Court of Appeals for the Federal Circuit, and United States Supreme Court.

●      Actively volunteers through various organizations such as Duncan United Methodist Church, Helping Hands, Habitat for Humanity, and sponsors multiple programs in hospitals, schools, and youth organizations.