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    The Heart of Law

    Legal financial expert, Mirena Umizaj connects us to the legal industry by introducing us to the inspiring justice warriors who change the world because of the inspiring work they do. Seeking to disprove the popular stereotype of the cold, disingenuous, and calculating litigator, Mirena opens our eyes to how these fascinatingly erudite litigators function with deep compassion and an uncompromising moral compass. She provides an unscripted platform for them to: share the challenges and joys of operating a legal practice, reveal what drives and inhibits them in their profession, and express their humanity in a high-stakes industry. With Mirena, we discover inspiring individuals who continue to make remarkable impacts on the American Justice System.
    enMirena Umizaj32 Episodes

    Episodes (32)

    3.11: Beyond the Bench: Shaping Justice in Alternative Dispute Resolution

    3.11: Beyond the Bench: Shaping Justice in Alternative Dispute Resolution

    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.

    3.10: Law, Leadership, and Legacy: A Diverse Perspective

    3.10: Law, Leadership, and Legacy: A Diverse Perspective

    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.

    3.9: Resilience in Law: Mastering Mass Torts Against All Odds

    3.9: Resilience in Law: Mastering Mass Torts Against All Odds

    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.

    3.8: Beyond Prison Walls: A Journey of Healing and Redemption

    3.8: Beyond Prison Walls: A Journey of Healing and Redemption

    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."

    3.7: Championing Justice: How Capital is Changing the Legal Landscape

    3.7: Championing Justice: How Capital is Changing the Legal Landscape

    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.

    3.6: The Two Wounds of Society: Unveiled and Unraveled

    3.6: The Two Wounds of Society: Unveiled and Unraveled

    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.

    3.5: From Conflict to Clarity: Camp Lejeune Lien Resolutions

    3.5: From Conflict to Clarity: Camp Lejeune Lien Resolutions

    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.

    3.4: Navigating the Arizona ABS Program: Rule Changes and Rising Opportunities

    3.4: Navigating the Arizona ABS Program: Rule Changes and Rising Opportunities

    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

    3.3: The Heart of Law Podcast: Exploring The Modern Law Firm

    3.3: The Heart of Law Podcast: Exploring The Modern Law Firm

    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.

    Seeking Truth: The Struggle for Accountability at Camp Lejeune

    Seeking Truth: The Struggle for Accountability at Camp Lejeune

    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."
    1. "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."
    1. "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."
    1. "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?'"
    1. "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."
    1. "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.'"
    1. "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."
    1. "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."
    1. "My job is not necessarily to just protect the easy cases but to protect those people who otherwise wouldn't have a voice."
    1. "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."
    1. "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."
    1. "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."
    1. "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"
    1. “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."
    1. "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.

    The Balancing Act: Exploring the Intersection of Business, Ethics, and Justice in the Legal World.

    The Balancing Act: Exploring the Intersection of Business, Ethics, and Justice in the Legal World.

    Episode #3.1: The Heart of Law With Mike Papantonio

     Today, on The Heart of Law we are honored to welcome back Mike Papantonio, or "Pap" as he is affectionately known, a senior partner at the Levin Papantonio Rafferty law firm. With a series of multimillion-dollar verdicts under his belt, he is a trailblazer in the field of mass tort litigation, having handled thousands of cases across the nation. Pap's unwavering commitment to seeking justice for victims of corporate greed has helped establish Levin Papantonio Rafferty as one of the preeminent plaintiff law firms in the country. As Mirena Umizaj and her esteemed colleague exchange pleasantries, she extends her heartfelt congratulations on his daughter's decision to embark on a journey in the legal field. They begin discussing advice for aspiring young lawyers, and the topic of the legacy case arises. Undoubtedly, it is imperative to leave a lasting impact and make a meaningful contribution to the legal landscape. Pap offers sage advice and commends Mirena on her own exceptional progress, urging others to emulate her trailblazing ways. He generously provides a roadmap for success, encouraging young lawyers to exhibit the courage to take on a monumental case. They should not cower in the face of rejection or the possibility of failure, but instead understand that the law of averages dictates that risks must be taken. To avoid becoming a mere “Joe Schmoe'', one must have the fortitude to blaze new trails, take chances, and leave an imprint on the legal community. Additionally, he proudly unveils his latest merchandise, a series of t-shirts bearing the slogan "America's Lawyer". The rationale behind this branding is to “inspire young lawyers to strive towards becoming the best legal professionals in their respective communities'', with the potential to earn the moniker of "America's Lawyer" in their own right. Pap highlights the incredible feats of lawyers who have taken on insurmountable cases and triumphed against all odds. He discusses his friend Rob Billot’s harrowing experience with a PFAS case in Columbus, Ohio, which ultimately resulted in a settlement of nearly a billion dollars. Mike emphasizes that these lawyers did not view these cases as a cakewalk but as an opportunity to make a significant impact. He also recounts his own journey, meeting Mirena, and learning about the necessity of careful planning, tenacity, and a network of experienced professionals to succeed in the legal field. In a captivating exchange, Mirena and Pap delve into the entanglement of Wall Street with the legal industry. Pap boldly forecasts a major lawsuit looming on the horizon and uncovers a series of scams involving case acquisition individuals peddling cases to multiple entities. In mass torts, politics come into play, and Pap emphasizes the importance of having confidence in oneself in the legal field. He compares it to a “matador facing a bull, confident enough to turn his back and get on one knee”. Similarly, a lawyer must have the courage to face challenging situations without fear. He acknowledges that there will always be people who try to interfere with one's work and outdo them, but it is important to remain focused on the task at hand and not be distracted by petty “sophomoric rivalries”. Pap humorously refers to this as "Italian Alzheimer's" - forgetting everything except those who have wronged you.

    EPISODE SURVEY: 

    [00:03:16] - [00:07:00] Trouble Teen Institutions

    [00:07:33] - [00:10:18 Importance of The Legacy Case

    [00:10:20] - [00:14:46] Courage in the Legal Field: Advice for Young Lawyers [00:14:47] - [00:18:38] Lawyers That Have Stepped Out

    [00:18:41] - [00:26:15] Yin and Yang in Mass Torts

    [00:26:17] - [00:30:47] The Intersection of Wall Street And The Legal Business [00:30:50] : [00:45:45] Mass Torts: Future Predictions and Politics Amidst the Money Frenzy

    QUOTABLE QUOTES: “You can't be afraid of rejection, failure or being told no, you must understand what you do is all law of average”

    “Lawyers have to make a decision about what that license means to them…In the end doing some good means something”

    “Do you think any of one these lawyers looked at a big case and said this is going be an easy road, hell no they looked at it and said this is going to be impossible but they did it ”

    “ You know you don't have control of your cases when your not actively involved, when you don’t have control of your destiny your kind of waiting to see”

    “You can be the greatest closer in the world but if you're not looking at cases or taking risks and you're afraid of failure you're never going to do anything significant. You're just going to be a Joe Schmoe doing the same thing everyone else does”

     

     ABOUT OUR GUEST: 

    ●      Senior Partner of Levin Papantonio Rafferty, P.A.

    ●      Board Certified Civil Trial Lawyer by the Florida Bar and the National Board of Trial Advocacy

    ●      Host of the YouTube show America’s Lawyer with over 900,000 subscribers , and founder and former host of Ring of Fire, a popular radio program.

    ●      Inducted into the National Trial Lawyers’ Hall of Fame (2015) and Former President of The National Trial Lawyers (2012)

    ●      Author of multiple novels, including four motivational books for lawyers and a series of legal thrillers

    ●      Member of The International Academy of Trial Lawyers, The International Society of Barristers, The National Trial Lawyers Association, The American Board of Trial Advocates, The American Justice Association, The Southern Trial Lawyers Association, and The Florida Justice Association

    ●      Recipient of several prestigious awards, including but not limited to, the Compassionate Gladiator Award from the Florida Justice Association (2019), Defender of Justice Award by the American Association for Justice (2015), and the Perry Nichols Award by the Florida Justice Association (2011)

    #2.9: Alejandro Blanco in The Heart of Law

    #2.9: Alejandro Blanco in The Heart of Law

    EPISODE #2.9:  The Heart of Law with Alejandro Blanco

    So what does Antoine De Saint-Exupéry’s The Little Prince have to do with Mirena’s special guest in this episode of The Heart of Law? Fittingly enough, Alejandro Blanco, architect and godfather of Trial Structure, reels us into an empirical conversation about how to effectively win a trial with the mind and the heart.

    Our facile host hits the nail on the head. Alejandro can prodigiously “talk about anything.”  A native of Argentina before his folks furloughed to the US (and a gifted child who fluently spoke English in three months then later accelerated into 4th grade at just six years old), Alejandro received an enviable, cosmopolitan education between the two countries. After attending Berkeley, he returned home and studied law in Argentina—completing a seven-year law degree in merely three years. He subsequently worked as the Chief of Protocol to the governor of his home state because of his inclination toward International Law. However, disillusioned by the graft within the Argentinian local government, Alejandro finally immigrated to the US a year later to take the bar in California. Despite being a young, broke, "punk," he cleverly volunteered as a proctor for the bar exams so he could utilize review materials. “I studied like hell for eight months while working part-time, and I took the bar just to practice … to see what it was [like]. And then I got this letter signed: ‘Congratulations!’ “  Whoosh … and the rest is history.

    As Alejandro and Mirena chat about their common immigrant struggles of setting their roots while chasing the American Dream, we see how their interests intersect. They live in the legal world: Mirena in the business/finance sector and Alejandro in the profession/trial district. Interestingly enough, Alejandro opens our eyes to the trenches and intellectual aspects of Law. He introduces us to the Philosophy of Law, Sociology of Law, Evolution of Law, Comparative Procedural Law, Administrative Law and … akin to medical doctors, lawyers who decide to dive deeper into the study of Law become “Doctors of the Law” to “heal the ills of society … [and] affect how the government works within the structure of dealing with the citizens so [we] don't have lawsuits to make the government, you have adequate administrative procedures … affecting wide-ranging changes. ” 

    In other words, while Alejandro points us to seemingly lofty and scholarly pursuits, he actually uses philosophy and interdisciplinary approaches from Carl Jung, Sigmund Freud, Jacob L. Moreno, and even Steven L. Winter as conduits to point us to the deeper recesses of the heart. The critical reasoning and pragmatic methodologies Alejandro learned become practical tools to improve an unpredictable process: TRIAL—the ultimate stage where lives hang in the balance. He creates and provides a surefire, scholastic formula for lawyers to use. He calls it “a Systems Approach vs. a Talent Approach.”  Most importantly, we hear his axiom behind helping everyone. He approaches plaintiffs the same way Mother Teresa of Calcutta compassionately helped the poor: representing them without taking their faults and imperfections against them. Intellectual altruism, so to speak—an enlightened logic deciding not to discriminate against others.

    Well, it seems we have much to learn. We can all choose to become students of our circumstances! How, indeed, do we “utilize betrayal” and live magnanimously in the midst of loss? For Alejandro, the artistry of trial work is to be able to experience that pain and to let go.”  Now we come full circle. Because of what he allowed us to discern, Alejandro has become the utopian guest for The Heart of Law’s Episode 2.9. When we learn and truly understand, we open our hearts. Then we have to agree with The Little Prince: "It is only with the heart that one can see rightly; what is essential is invisible to the eye."

    EPISODE SURVEY:

    • [00:13:13 - 00:16:33] In Living the American Dream
    • [00:20:35 - 00:23:55] Why Alejandro Loves Law
    • [00:23:57 - 00:34:48] Alejandro Philosophizes
    • [00:35:35 - 00:49:08] About Trial Lawyers College and Trial Structure
    • [00:50:40 - 01:04:32] Dealing with Loss & Pain
    • [01:07:09 - 01:12:07] The Next 5-10 Years for Alejandro
    • [01:12:07 - 01:23:30] Women Power
    • [01:24:43 - 01:28:15] Advice to Other Lawyers

    QUOTABLE QUOTES:

    • "We are called to heal. We are called to right the unrightable wrongs."
    • "It is one thing to see the nuances that the mind loves to play with. It is another to take care of the hunger and the needs and “the cholera” and the wars that are going on. So healing always comes first."
    • "Give me a case. Any case."
    • "You can't do your best if you're numb … the artistry of trial work is to be able to experience that [client’s] pain and to let go."
    • "[In trial] I can … rest knowing that I gave it all. I'll just feel the pain–breathe it in, then breathe it out–And I'll stand again because so many people need our help … There's no way around it. You just have to stand and do it again."
    • "Climbing is akin to trial work. Every case has a move that you have to execute perfectly. We call it the crux. If you do not execute the crux perfectly, you die. And as a trial lawyer, you learn the few times that you don't execute [the move], you die. [Ask yourself,] "What [is it] about me that is not able to make this move?"
    • "The jury wants to do the right thing. The defense wants to sell a fake narrative or an absurd narrative. What kills that? What trumps … and cuts through that morass? Truth! And Caring! When you come to the court and you leave it all, if you don't win, then nobody can win."

    ABOUT OUR GUEST:

    LINKS FROM THE SHOW: 

    The Heart of Law
    enJune 17, 2022

    #2.8: Andrew Finkelstein in The Heart of Law

    #2.8: Andrew Finkelstein in The Heart of Law

    EPISODE #2.8: The Heart of Law with Andrew Finkelstein

    Aptly called by Mirena a visionary”, Andrew Finkelstein, a pioneer in integrating technology into his law firms in the mid-1990s, shares his trade secrets in The Heart of Law. At the inexperienced age of 22, Andrew first felt ambivalence toward acquiring an MBA or pursuing a law degree. Yet a chance encounter with business mogul Larry Tisch (CBS, Tisch Company, CEO of the New York Giants) at a wedding gave him all the guidance he needed. So with the heart of an entrepreneur, Andrew set off to become a lawyer. Despite not having any plans to join his father’s firm, he subsequently found himself helping run the family practice. With Finkelstein & Partners, thriving since 1959 (founded by his father, Howard S. Finkelstein), he acquired a deep quarry of knowledge and tradition passed down from six generations. Equipped with rare business acumen, Andrew shares sage insight into running a firm effectively. He tells Mirena a business strategy where “centrally conducted operations ensure optimal quality control,” attributing this efficiency to his decision of having ”a 100% paperless firm by 1995 … I viewed what we do as a pure service industry grounded in technology—a technology firm that happens to practice law.” Long before savoir-faire CRMs came into play, their firm established systematic transfer of documents, uninhibited communications, a stable workforce, and functional operations. Ergo, their efficiency generated the attention of other firms who, in turn, partnered with Andrew and his team.

    One valuable method used in his practice is how meticulously they acquire and disseminate information. He breaks it down to “two very big buckets,” keeping two defined questions and methodologies in mind: (1) “Who do we gather information from?” and (2) “Who do we have to deliver it to?” Once they’ve found the best information source, Andrew says they reformat the material, build a straightforward process to streamline the data, then efficiently deliver it to those who specifically need it. A second design lending to the sophistication of their operation rests within the stability of a clearly defined workflow: “We limit the tasks that people are required to do … we have a very streamlined business where people have clear, identifiable responsibilities … they become experts [where] they don’t get distracted from doing what their core competencies are … We’ll look at somebody’s job and see how I can break it down so that they are hyper-specialized.” So when he talks about having his eye on “the big picture” and delegating to specialists, we now have a small window to the workings of a well-oiled, progressive, stalwart legal organization. Too simplistic? Not quite. It takes all the discipline and patience in the world to manage and maintain this functionality one decade after the next.

    As Mirena and Andrew huddle over the nuances of the legal industry, insurance companies, the justice system, and some cases, they also discuss Andrew’s remarkable book, I Hope We Never Meet. Ultimately, the unique challenge of balancing family and career comes up. With three children and a supportive wife, Andrew pleasantly (yet wisely) remarks, “It’s very simple. I don’t call and say I’m coming home until I’m in the car.” Even as Mirena calls Andrew “intuitive, thoughtful, and reflective,” onscreen he remains unpretentious, practical, and humble to a tee (and gives a lot of credit to his wife). Through it all, we realize we’ve just met an unassuming—yet incredibly successful—lawyer who just happens to be a solid family man through and through.

     

    EPISODE SURVEY:

    • [00:02:18 - 00:08:22] - The Modern Law Firm
    • [00:09:22 - 00:11:30] - Taking Advantage of Opportunities
    • [00:11:31 - 00:16:41] - Andrew’s  Journey to Law 
    • [00:17:45 - 00:23:26] - Struggles of Balancing Life and Work
    • [00:24:11 - 00:30:29] - How Technology has shaped Law
    • [00:30:31 - 00:34:09] - How to Manage at Large Workforce
    • [00:34:13 - 00:37:09] - Andrew’s Book
    • [00:37:13 - 00:39:41] - A Premature Loss
    • [00:39:43 - 00:44:27] - Client Care
    • [00:44:30 - 00:58:55] - Two Courtroom Doors
    • [00:58:57 - 01:07:10] - It’s Not About the Money
    • [01:08:27 - 01:10:55] - Andrew’s Take on Sound Financial Planning

     

    QUOTABLE QUOTES:

    • "When you delegate, you can't be a “big-picture” person. You have to delegate with great specificity. You have to micromanage when you delegate … Spend the time to delegate [the task] the right way, so it's clear. If you micromanage after that, then why did you delegate?"
    • "[My passion to seek justice] totally flows from my clients 100%. When you sit with somebody, they're counting on you to make things right for what they've gone through. I don't need anything else."
    • "There are far more frivolous defenses than there are frivolous cases. But you never hear about the frivolous defenses."
    • "It's the minority of the Decision Makers who make some bad decisions … it's not the majority of corporations or people. There are bad apples, and when those bad apples act … what we need to do is root them out and do the best to get rid of them if the corporations don't do it themselves."
    • "I don't cast a broad brush and assume everybody is bad ... I presume everybody is good. And there were just a couple of bad apples that it shouldn't have happened. But the real test is once that happens, what do the corporations choose to do?"
    • "So my role isn't really outcome-oriented. It's information based … I can do my best to influence [to] have the best outcome possible, but I can't precisely predict the future … When I sit down with clients, my job is to educate and inform them [about] the risks they're facing and let them know it is their case. It's not mine."
    • "But the 'deny, delay, defend' really is just the mantra of insurance companies. And their ultimate business goal is [to] hope people quit because ( ...on a real macro-level,) if they have 1000 claims that come in and they create these obstacles, and 500 of the people quit because of the obstacles, and then by denying 500 drop off, and then delaying another 300 drop off, and then defending another 100 drop off. So I'm down to 100 cases or 200 cases … And they pay on those 200 cases [what]  they really owed on 1000 cases. So they're making money hand-over-fist. People forget about what is not on the blackboard."
    • "I can't get [the insurance companies] to acknowledge it in words, but I certainly can in action. And the action is a financial resolution. So I don't care what they say. If it's somebody paying millions of dollars, if they don't apologize through words, they're apologizing through actions."

    ABOUT OUR GUEST:

    LINKS FROM THE SHOW:

    The Heart of Law
    enMay 20, 2022

    #2.7: Mark Lanier in The Heart of Law

    #2.7: Mark Lanier in The Heart of Law

    Touted by the New York Times as “One of the top civil trial lawyers in America,”  Mark Lanier graces The Heart of Law in one of the most thought-provoking episodes to date. Famed to have won about $20 Billion in verdicts, the esteemed litigator—also a theologian and preacher—lends invaluable insight into family, faith, science, law, and life.

    Sharp as a tack and a transcendent seeker herself, Mirena asks penetrating questions about Mark’s Christian walk. Mark describes the awakening of his faith, the security of his salvation, and the divine friendship God has extended his way. He shares the devout life of his mother, Carolyn Lanier, who dedicated Mark to God after her prayers for the healthy birth of a son became a reality. Much like Hannah of the Old Testament, who gave up Samuel to serve Yahweh, Carolyn continuously reminded Mark throughout his youth that his life was not his own—it belonged to God. Holding on to an unborrowed faith, Mark describes affinity with God and how daily spending time in the divine Presence enriches a hallowed relationship, guiding him throughout his life.  Mirena and Mark do a deep dive, comparing notes on the confusion around the warring world religions (Hinduism, Islam, Christianity, Buddhism) that each claim the way to the “real path.” They talk about people and institutions holding ownership of Christianity but practicing cruelty, dishonesty, and acrimony. Answering all of Mirena’s gripping questions, Mark gives an interesting take on the Bible. He expounds on spirituality versus religiosity and how science is intertwined with faith. Along those lines, Mark remarks on how “elements of truth” surround us in diverse ways. But overall, he simply says: “I want the fullest picture of truth that there can be.” The perfect truth, which Mark likened to Cinderella who alone can perfectly fit into the glass slipper. An apologist at heart, we hear of  The Lanier Theological Library and Learning Center in Oxford, and the historical Yarnton Manor restoration project in Oxfordshire village to serve those who seek to enrich their theological studies.

    Shifting gears to the legal business, they discuss the Johnson and Johnson Trial and Mark’s monumental $4.69 Billion verdict against the talc conglomerate. Giving his unique take on the recent bankruptcy ruling, Mark describes the tort landscape, detailing how the legal profession has radically evolved in the past decade. With Venture Capitalists coming into the picture (and sometimes even “own[ing] lots of ethical overlays in the business"), there lies an ongoing need for maturity in the business of law—especially while infusing capital into tort cases. Likewise, he observes “two basic kinds of lawyers in the mass tort arena … the chicken catchers and chicken pluckers,” steadfastly agreeing with Mirena about the need to represent plaintiffs with compassionate care. After some baklava, pita, donut, and recipe banter,  the show comes to a warm close. Mark fondly talks about his wife and children—who all practice law! As his daughter Rachel affectionately notes, they are “like the Von Trapp family lawyers” upholding justice in their unique Lanier way. And the legacy he wants to leave behind? Like Paul (the apostle) Mark hopes to have “fought the good fight” of faith, and hopes we remember him as a man who "loved his friends and loved his family, and his faith, and his God above all things.”

    EPISODE SURVEY:

    • [00:03:32] - [00:06:59]: A Mother’s Influence (Carolyn Lanier’s faith)
    • [00:07:00] - [00:13:47]: Not a Borrowed Faith. An Ongoing Conversation with God
    • [00:14:09] - [00:18:34]: Growing in Faith is An Investment of Time
    • [00:23:15] - [00:43:54]: A Theological Exchange
    • [00:45:25] - [00:52:14]: Mark’s Take on the Bible
    • [00:56:21] - [00:59:57]: Mark's View on Science & Faith
    • [01:00:06] - [01:04:50]: How Mark’s Faith Fuels His Career
    • [01:04:59] - [01:08:19]: The Lanier Library in Oxford: The Yarnton Manor Restoration
    • [01:09:58] - [01:15:11]: The J&J Trial and the Monumental $4.69 Billion Verdict
    • [01:15:49] - [01:24:00]: Marks Thoughts on the Business of Law and Future of Mass Torts
    • [01:41:00] - [01:43:27]: The Legacy Mark Hopes to Leave

    QUOTABLE QUOTES:

    • Mom said, “I told God, if you will give me a son, I will give that son back to you.” And lo and behold, Mom gets pregnant. I am born. From my earliest age, Mom has told me that story and she's told me, “You belong to God … You don't belong to me. I've been given the honor of getting to be your earthly mom, but you belong to Him.”
    • [My mother] said “God doesn't have grandchildren, he has children. And so He's not looking for you to have a relationship that's based upon your family or based upon me or your dad ... God wants to relate to you individually.” And I found that to be true and found a relationship with God. And it's one that's lasted me all my life, but all of that grew from seeds that had been sown by my mom.
    • Instead of just staying as a mysterious God …  [He] took the form of Jesus and became a friend to people and lived the life that we could understand as a friend. And that relationship is available. And so I cried out on my own. “God, that's what I need. I need a friend. I need that.”  And the presence of God was all of a sudden a very real thing to me. It was no longer academic knowledge.
    • I think there's [an] evil that goes on in this world. Greed can turn people wretched, and some people's greed turns them into monsters ... So I believe that at this point in my life, there is a righteous fight. I think that's some of why I do what I do.
    • ... Venture Capital is actually an equalizer that takes [a case] out of a David-versus-Goliath-mode when it comes to being able to fund the litigation; that's where the smart money is by the Venture Capitalists, and that's where it can be smartly used by lawyers.
    • And so it was the recognition that I am loved, loved unconditionally, by someone who knows everything about meEvery corner and recess of my mind, any skeleton that could possibly exist in the closet of a 12-year-old kid. You know, there is someone who, with full knowledge of me, says, ‘I love you unconditionally, I care for you, and I want what's best for you.’ And within that, there was a great sense of security, because now I knew that someone took an interest in me and that this is Someone of immeasurable power and knowledge and goodness. And so there's a great deal of peace and security and a comfort. And it doesn't mean that there's not times of grief and sadness, but it means in those times of grief and sadness, there's an abiding comfort. It doesn't mean that there are times of fear and doubt, but in those times of fear and doubt, there is a Presence of courage …  it's very confirming, but it's also one that's that's convicting because it lets you see the world [from] different eyes.
    • In a sense, I began to understand that there really is a difference between right and wrong and there really are some things worth fighting for. And then there are some things where it's not worth fighting for. I began to understand the importance of forgiving other people. Perhaps most importantly, I began to understand the importance of showing love to everyone that I met. Because God is crying out for people to hear and recognize His presence, in my opinion. And so if God's crying out for them, how dare I not love them as well?
    • I want to care for everybody. I want to try to help people and encourage people. I want to reflect on the outside, this Presence that is in my life, on the inside. It really transformed me as a person and has continued to do so as I try to continue to grow even now, decades and decades later.
    • The more time I spend with God, the better I know Him, the more intimate the relationship.
    • As humans, we are hardwired to love truth. Truth and authenticity are things that when we see them, we just are attracted to them. We grab onto them. We like people who are authentic and true. We don't like people that are deceptive. We don't like to be with people that we don't trust.
    • There are people in Christianity who have varying degrees of truth. They've grabbed onto I would venture to say that there are people then who are spiritual but not religious, people who have found some elements of truth and grabbed hold of them, even though they're not ready to embrace any religious system. But here's where I come out on that. I come out by saying. I want the fullest picture of truth that there can be.
    • I hope when I'm dead and gone, people remember that I'm a person who loved his family and his faith, his God above all things … as I fought the good fight and I finished the race, and I kept the faith.

     

     

    ABOUT OUR GUEST:

    LINKS FROM THE SHOW: 

    The Heart of Law
    enMay 06, 2022

    #2.6: Stephen M. Reck & Jose Rojas in The Heart of Law

    #2.6: Stephen M. Reck & Jose Rojas in The Heart of Law

    Stephen Reck and Jose Rojas roll in The Heart of Law to chat with Mirena Umizaj about one of the biggest, polemical cases sweeping the country. They are pioneers in the baby formula lawsuits: the Necrotizing Enterocolitis (NEC) litigation against Mead Johnson and Abbott Laboratories. Currently hoping to build awareness and reverse the careless tradition of offering cow-based formula to premature infants in hospital Neonatal Intensive Care Units (NICU) across the U.S., the two attorneys partner with Scott D. Camassar and Paul Levin (along with firms around America), to protect preemies from mortifying disease and death.

    Stephen and Jose open the show by sharing their humble beginnings. Stephen reminisces about his genteel Italian grandmother, Rosa Maria Cornaglia, who raised him through high school; he fondly recalls an idyllic childhood full of incredible food, friendships, and love. After graduating from the University of Vermont, Stephen pursued a legal career and enjoyed the affluence it had to offer—for a short while. He left Wall Street and decided against the lifestyle of a well-paid defense attorney. He bravely took a sizable pay cut to live the simple life of a litigator who fought for the underdog. Stephen’s plight for justice stemmed from
    Attorney Matthew Shafner’s principled career influence. His late mentor—and legendary Legal Champion of the Working People—left an indelible imprint on his life. Stephen said, “[By helping people,] he turned my life around; although I was poor, [Matthew] taught me something very valuable … he changed my career.” Meanwhile, Jose fondly talks about how his parents fell in love and his dactylic childhood in Madrid, Spain. Raised with a strong sense of equity and fairness, Jose heads off to Boston for college. At 17, he began his life in America with a law degree firmly in mind, subsequently starting a bustling career in the Army JAG Corps. A few years later, he pivots to mass torts; after working for “big entities like the government or big corporations,” Jose discovered the deep satisfaction and joy in “representing people with real problems and having an opportunity to … effectuate change when helping people.” 

    No wonder these two lion-hearted attorneys cross paths and fight for the weakest of the weak. Stephen and Jose recount the first two heartbreaking cases—detailing NEC’s effect on preemies' bodies. We understand why, one appalling account after another, the movement began. Stephen describes NEC’s confounding injury spectrum: death, surgery, medical NEC. Next, Jose outlines the complex, multi-pronged dilemma the movement has to overcome: (1) the aggressive marketing campaigns for Similac and Enfamil, (2) the cutthroat lobbying to physicians and hospitals, (3) the enormous expense and rarity of donor milk, and (4) the “institutional laziness” within NICUs. Their plight appears insurmountable. But is it? As Jose affirms, “the solution is out there, but it's expensive, and it requires people to put their heads together and find a solution.” Let’s tune in and consider how to help them in our small way.

    EPISODE SURVEY:

    • [00:19:03:08 - 00:26:50:23] First NEC Case
    • [00:28:15:08 - 00:35:47:03] Science & Temporal Causation
    • [00:36:42:23 - 00:40:33:24] Prongs & Complexities of a Multifactorial Problem
    • [00:40:35:00 - 00:45:36:06] NEC & its Evolution to Mass Tort 
    • [00:53:19:00 - 00:56:48:07] Litigation Strategy & Two Tracts
    • [00:56:50:07 - 01:00:58:00] The Extent of Infants' Injuries from NEC

    QUOTABLE QUOTES:

    Stephen M. Reck

    • “Juries can appreciate sincerity and honesty when you're fighting for the right cause.”
    • “[The parents] send us pictures of their children and the children are happy … Although they can't talk, they express themselves, and in many ways, it's truly a beautiful story.”
    • “[Abbott and Meade] wanted to destroy us to end this whole litigation and that was their tactic. But it really made us stronger. I mean, they picked the wrong people to deal with.”
    • I think together, the moms and the lawyers are going to change the practice of feeding preemies, and we are going to save lives. … I can't think of a more important case that I've ever read about anywhere in the history of the law.”

    Jose' Rojas

    • “My passion is really not with representing big entities like the government or big corporations, but rather with representing people with real problems and having an opportunity to really solve those problems.”
    • “One of the things that completely brings me passion in the field of mass torts is the ability to really effectuate change when you help people, it's satisfying. You're bringing a solution to people with real problems.”
    • We're really hoping to make the planet safer for babies. And that's something that gets me up every morning. It drives me. It helps me work. It brings passion to the work that I do. And I really think I'm doing exactly what I should be doing right now.
    • “There has to be an awareness, and when that awareness happens, then you'll see the solutions come very easily because the solutions are out there, and they're scientifically feasible.”
    • “One of the things that has really amazed me about the mass tort industry, which I didn't expect, but I found, is the level of teamwork that occurs by law firms and lawyers in really trying to collaborate and cooperate to make sure we're all marching in the same direction.”
    • “When you're touted as the guy who's going to do great things … you start to reflect a little bit and you're like, ‘have I done great things?’ I think I'm doing great things right now. We know our cause is righteous and we will never stop fighting.”
    •  

     

     

    ABOUT OUR GUESTS:

    Stephen M. Reck

    Jose' Rojas

    LINKS FROM THE SHOW:

    The Heart of Law
    enApril 15, 2022

    #2.5: Willie D. Powells III in the Heart of Law

    #2.5: Willie D. Powells III in the Heart of Law

    EPISODE #2.5:  The Heart of Law with Willie D. Powells III

    Have you ever met a true brainbox? Someone intrepidly astute? Someone so capable, they can accomplish almost everything they set their mind to do? Wait until Mirena introduces you to her friend and present-day Renaissance man, Willie D. Powells III. He and our incisive host talk nineteen-to-the-dozen on today’s Heart of Law episode, showing us a cerebral way of living life to the fullest.

    Thanks to his wise father who encouraged Willie to explore diverse academic fields before committing himself to the life of a physician, Willie did nothing less than reach for the stars. Calling himself a professional student, he shares his inspiring scholastic journey at Drexel University while under the wing of his genius mentor, Cato T. Laurencin, M.D., Ph.D., and revisits how he became an accomplished academician through and through. He conquered the GMAT, LSAT, MCAT, became an athlete, a concert violinist, a pianist, a chemical engineer, a biologist, holds an MBA, and graduated with multiple dual degrees alongside a law degree to boot! What can’t Willie do? How did he do it all in less than record time?  

    On the one hand, Willie’s stint with ExxonMobil allowed him a glimpse of the chemical engineering industry; on the other hand, Willie’s subsequent work with Wendy Buskop Law Group immersed him in patent lawjump-starting his legal career. Down the road, Willie decided to make a seismic shift in his legal track after his sister asked basic legal questions he could not answer, I can tell you about engineering and the lawall of this sophisticated intellectual property stuffBut the very common, everyday issue that you would expect a lawyer to know about, like divorce or somebody [getting placed] in jail … I couldn’t answer!” He questioned the direction of his legal career after that encounter. With his beautiful, brand new, very expensive, black Corvette staring him straight in the eye, he pivoted. Willie “hung the shingle out” by joining forces with Irvin Gadson, George Tennant, and Derek Harmon. He began a new kind of education; Willie learned the ropes of criminal law, courtroom life, and how a boutique litigation practice should run. And ran with it, he did. A few years later, Willie set off to open his firm, the Law Offices of Willie Powells III & Associates, PLLC. As much as his entrepreneurial background and business acumen helped establish his nascent practice, Willie prudently did every menial and mundane task himself. He paid thoughtful attention to minute aspects of his business: humble enough to cut overhead costs, wise enough to choose strategic branding fitting his vision, and patient enough to personalize his services for every client. As Mirena points out, now Willie is a huge celebrity lawyer in Texas. 

    Willie’s inspired enthusiasm for living and learning certainly fills the air and is nothing but contagious. While he talks with so much vim about what he learned (and continues to learn), Willie echoes what we have heard: If we put our whole heart into it, we can accomplish anything we set our minds to do. Because he vigorously lives by this tenet day after humble day, we believe him. So, let’s get to it! Let's learn. Let's live.

    EPISODE SURVEY

    • [00:02:08] - [00:17:21] Willie’s Fascinating Education
    • [00:48:23] - [00:58:25] Thriving in the Legal Business
    • [01:00:51] - [01:06:14] How Willie Expanded His Marketing Efforts
    • [01:09:53] - [01:16:00] Willie’s Shift to Mass Torts

    QUOTABLE QUOTES:

    • "At the end of the day, helping people and making people happy makes me happy."
    • "What happens is you get the experience, you make some mistakes, you learn from them and now [you] get a fresh start."
    • "If you come to my practice, we want to give you a world-class experience. We are changing the game from within."
    • "We're very happy for opportunities to grow because we know when we grow, we reach out and help other people grow along with us. And, bit by bit, that's how we make our community, our city, our state, our country, our world a better place."
    • "We definitely have our problems, but in the world we live in, if you [know] what you're doing right and helping people, you're [doing] great. There are no limits!"
    • "Let's go to the new echelon. Let's go to the unknown. Let's go to space … It's been a work in progress, but [discovery] is something that takes on a life of its own. As long as I get out of the way, I am [not] going to miss the shot."

    ABOUT OUR GUEST:

    LINKS FROM THE SHOW:

    The Heart of Law
    enApril 01, 2022

    #2.4: David Selby & Todd Mathews in the Heart of Law

    #2.4: David Selby & Todd Mathews in the Heart of Law

    EPISODE #2.4:  The Heart of Law with David Selby & Todd Mathews

    Two courtroom heroes in the mass tort world,
    David Selby and Todd Mathews share the mic with Mirena Umizaj in this season's fourth episode. The show starts in full swing as the partners at Bailey Glasser LLP share their stories and humble origins ... Todd recounts the impact of a kind family and the local church during his early teen years. Despite his plans to become a Southern Baptist preacher, he found his true calling in the courtroom. Through the justice system's pulpit, Todd has aimed to make a difference in people's lives. Specializing in injury claims for almost 20 years, his reputation as "a master-of-all-trades" (as Mirena puts it) made him adept at handling almost any case under the sun—all in the name of serving others. Now distinctly aware of his morality, Todd describes how his worldview shifted. We hear how the murder of his dear friend and colleague, Randy Gori, shook him to his very core. 

    Meanwhile, David unpacks how his career began at the district attorney's office, immediately entrenched in jury trials. Eventually becoming Division Chief of Alabama’s Violent Crimes Division allowed him to have a "unique perspective to the whole jury system." After subsequently gravitating toward defense and plaintiff work, he and his friend opened a firm in 1999. Soon their practice, Kee & Selby LLP, grew to have about 12 partners in a few years. As David's fame grew in the legal industry, like-mined colleagues asked him to come aboard Bailey Glasser. And the rest is history.

    We learn how Todd and David's paths crossed as they began serving on the Executive Committee of the Atrium Hernia Mesh Multidistrict Litigation. Both share a common philosophy and pursuit: they look after the underdog. We hear their compassioned plight for their clients—victims who struggle to survive who are just "living out their unfortunate story." Shifting gears, when asked by Mirena to reflect on the evolution of the legal industry in the last decade, without hesitation, Todd says: "One of the best things that [has] happen[ed] in the last ten years is the focus that has been put on female attorneys … minority attorneys getting opportunities to lead MDLs to have a significant impact." Dovetailing the insight, David remarks on the increasing resources clients and firms now enjoy.

    During the deep dive, David and Todd center on the breaking news about the horrendous Johnson & Johnson (JNJ.N) bankruptcy ruling. At the case's front and center, they dissect the intricacies of how the corporation side-stepped any settlement claims. They expound on how JNJ.N received the protection of U.S. Bankruptcy Court Judge Michael Kaplan, bringing about the titanic loss of plaintiffs all over America. As David perplexingly puts it, the "stroke of a pen … eviscerated everybody's right to a jury trial."  While the tireless pursuit of correcting mammoth wrongs brought about by the talc conglomerate continues, the duo doesn't rest. New cases to win and more plaintiffs to protect await them. If we see what they see on the frontlines, we’d likely do the same.

    EPISODE SURVEY

    • 00:12:20 - 00:13:40 How Todd and David became friends 
    • 00:14:05 - 00:18:20 Todd’s life highlights
    • 00:22:53 - 00:27:55 David’s Words of Wisdom 
    • 00:28:20 - 00:31:02 Todd’s insight into diversity in the legal field
    • 00:44:33 - 00:52:09 Synopsis of Johnson and Johnson trial
    • 01:02:58 - 01:07:42 David’s analysis of J&J Bankruptcy case legal argument
    • 01:23:41 - 01:26:30 Todd’s thanks to his support system

    QUOTABLE QUOTES

    David Selby:

    • People ask all the time: “ What’s the reason for your [firm's] growth and how is it planned? ” … We don’t have a defined growth pattern ... When there are talented lawyers that we know we want to be with and be doing work with, we go and get them. 
    • There are good stories and there are bad stories, but everybody's life has a story. You don't know what it is. So be careful how quickly you judge people, regardless of how well they appear to have things together ...
    • If we all do what we want to do and do it well, work follows.
    • At the end of the day, the jury trial system is the bedrock of our nation's justice system. 
    • The unsung heroes are our families. 

    Todd Matthews:

    • Take time to enjoy things in life ... identify those people in your life that are really important and make sure that they know how important they are.
    • I don't know how much longer I've got on is Earth, but I'm going to enjoy it while I'm here.
    • One great thing I've seen happen in the last 10 years is the focus that has been put on female and minority attorneys getting opportunities to lead MDLs … to have a significant impact, to be elevated to judges, [and] be the judges that are handling these large MDL dockets.
    • Our number one most important goal should always, always be the client. And if it's not, then I question your motivation for being a lawyer… there are no ifs, and’s, or buts about it.
    • The last six years of practicing law have been extremely enjoyable because I get to work with my best friend. It's life-changing ... I do things is different now. The way I think about cases [and] the way I approach cases is different, and it's because of that relationship.

    LINKS FROM THE SHOW:

     

    The Heart of Law
    enMarch 18, 2022

    #2.3: Shelby Walton in the Heart of Law

    #2.3: Shelby Walton in the Heart of Law

    EPISODE #2.3:  The Heart of Law with Shelby Walton

    If our previous guest had youth and sagacity on his side, wait till Mirena introduces us to Shelby Walton. Sharp as a tack, the gifted trial lawyer is indeed in a league of her own. We encounter an impressive, young prodigy who the Florida Defender calls a rising star in the world of Florida litigation.”   The moment our captivating host engages her, we recognize the young lady’s adamantine drive, nimble wit, focused calm, and acute mind. As they go into the deep dive and learn about her story, Mirena is right. Shelby is an “effective public speaker” and “has wisdom beyond her years.” She has an effortlessness about her that we have the privilege to enjoy. When we hear how much she has achieved at such a nascent age, Shelby has obviously broken through many socio-cultural barriers, but remarkably appears unfazed by any obstacle she has had to overcome. Being a woman, being black, and being young does not seem to daunt or rattle her in any way. Nothing is contrived about her; Shelby’s composure is light and temperate. No wonder she runs toe-to-toe with the heroes at The Haggard Law Firm.

    Shelby’s previous work at the Miami-Dade Public Defender’s Office taught her to connect deeply with her clients. Engaging them in the profound aspects of their lives energizes and motivates her. To her, client trust anchors the success of any defense: ” … To really be able to encapsulate somebody's experience into a closing statement, or to effectively persuade a jury … you can't do that unless you truly understand your client. And your client won't really give you the opportunity to do that to your fullest unless they trust you … So those first conversations, one of the biggest lessons that I took from the public defender's office, was client trust.” At the apex of their conversation, Mirena and Shelby discuss women and minority women in the legal profession. Shelby acknowledges that perhaps there aren’t enough women in law compared to men. However, she does emphasize how “environment is important.” A law firm has to intentionally provide a space where minority women—or any woman for that matter—can thrive as a lawyer  “... think about what you are providing this person,” she says. She knows it is rare, but she speaks from the exceptional reception at The Haggard Law Firm. The guys she works with have given her a “phenomenal” space to hone her craft, to thrive, and to excel. She says of Managing Partner, Michael Haggard: “He has just taken me in and given me a voice and given me a platform [to speak].” Despite working as the only black woman—the only woman—at their practice, she has felt wholeheartedly accepted and received by everyone at the Haggard firm. “It's a gift” she enjoys. They chat about the status quo, the Impostor Syndrome, podcasting, and just living life as a woman. All in all, we do agree with Mirena in her observation. Shelby is “part of that revolution,” it won’t be a stretch to say she rides the tip of that spear—even if she appears so unself-conscious about it. Shelby makes immense waves in the legal system just by being herself. And what an outstanding self that is.

    EPISODE SURVEY:

    • [00:01:41]- [00:13:12] The Genesis of a Budding Career 
    • [00:15:40]- [00:24:20]  Priming the Pump
    • [00:35:07] - [00:44:38] Women Working in Law
    • [00:50:38] - [00:54:36] Shelby Has Them Too

    QUOTABLE QUOTES:

    • I think that the most important thing is the first conversation that you have with your client. Every time … whether it [is in] criminal or here in civil, because what primes you for trial is your relationship with your client … When you know your client’s story, and you feel their story, and you feel their pain, and you understand their life … everything else falls in line.
    • The most vital part of prepping yourself for the trial is that first conversation.
    • Something that law firms need to wrap their minds around more is: Client relationships are everything.
    • My clients become a part of me.

    ABOUT OUR GUEST:

    LINKS FROM THE SHOW:

    The Heart of Law
    enJanuary 13, 2022

    # 2.2: Brent Wisner in The Heart of Law

    # 2.2: Brent Wisner in The Heart of Law

    EPISODE #2.2:  The Heart of Law with R. Brent Wisner

    A disarming smile, a humble shrug, a youthful face … At first glance, we have no idea who steps onto The Heart of Law’s virtual stage. As always, our piercing host comes through for us. Mirena introduces us to The 2 Billion Dollar Man of the 2021 Southern California Super Lawyers Rising Star magazine and 2021 Clarence Darrow awardee Brent Wisner. Deeply fond of his family—his genius mother, environmental activist father, and four energetic siblings—Brent gives us a pleasant glimpse of an extraordinary upbringing. His deeply-rooted childhood fashioned in him a rare, stalwart foundation most individuals do not have. No wonder Brent approaches life with a backpack full of self-awareness beyond his years. As he talks about his life, we notice one thing: an unseen hand almost always [serendipitously] guides him to the right place at the right time. Sheer luck, is it? Perhaps … but maybe not. With all of the above, coupled with an innate drive to make "meaningful change" in people's lives, Brent simply rises “above the fray.” He walks us through the Monsanto Papers and its controversially “toxic” origins—how it could have completely shattered his budding career  “ … Everyone you ever know in mass torts are sitting in this courtroom, and they're all here to watch the execution of Brent Wisner. No one's here to support me.” After a surprising turn of events, the case miraculously works out. Brent makes history.

    From the high profile case, Johnson vs. Monsanto Co.  accidentally falling on his lap (and winning it, against all odds), to the Pilliod vs Monsanto Co. and all the other causes he fights for (as Mirena puts it), Brent just consummately tries to “right a wrong.” He gives sage advice to young lawyers, by telling them to, first, align themselves with seasoned litigators; second, push cases to trial and state court.” Why? Because “ … Inventory settlements need to stop. Obviously, this is hurting my bottom line! Inventory settlements help my firm. We always settle higher than other people because we can try the case and we're usually heavily involved. But I think there needs to be a return to the global settlement model. He dislikes politics, inventory settlements, hypocrisy in the MDL diversity leadership structuring. The bottom line: our principled Brent Wisner continues to make an indelible mark in this high-stakes legal climate. He is unpretentious, believes in action, and loves helping people. He says, “I just got dumb, s*** lucky.” Maybe happenstance approaches Brent more frequently than others. Perhaps it’s just because of how he fundamentally approaches life. Now that we've met someone like Brent, who says: “Youth is wasted on the young?”

    EPISODE SURVEY:

    • [00:06:46] - [00:14:30] Brent Rude Awakening in College
    • [00:18:42] - [00:22:41] Self-discipline
    • [00:46:58] - [00:52:29] Preparing for Monumental Moments
    • [01:12:53] - [01:17:23] Young Does Not Mean Unqualified
    • [01:26:07] - [01:35:46] How Brent Would restructure Mass Torts
    • [01:43:13] - [01:48:30] Brent's Take on Women & Law

    QUOTABLE QUOTES:

    • I honestly believe … that making a decision, whatever it is, is better than just not acting.
    • If you're going to do something that you think is wrong, you either don't do it or knowingly know what you're doing and face the consequences of your own actions.
    • Get to trial as often and as fast as you can. It's literally the only thing that matters. Win, lose, or draw. It will push the case toward a settlement. That's just the truth of it.
    • I do believe in the basic idea that you want to help people and you can do that right by getting their case to trial. And if the politics are getting in the way, then f*** the politics because it's not the right thing to do and you do that enough.
    • I think what needs to happen is men who have positions of influence need to actually give their power over to women and do so routinely.

    ABOUT OUR GUEST:

    • Vice President, attorney,  and a Senior Shareholder of Baum Hedlund Aristei & Goldman in San Francisco
    • Youngest attorney in U.S. history to win a multi-million-dollar jury verdict
    • Oversees all mass tort litigation, focusing on pharmaceutical product liability, toxic torts, and consumer fraud class actions
    • Named “Civil Plaintiffs Trial Lawyer of the Year” by the National Trial Lawyers Association (2019) and one of “America’s 50 Most Influential Trial Lawyers” by The National Law Journal (2019).
    • Recognized by the Daily Journal as one of the “Top Plaintiffs Lawyers in California” and as one of the “Top 100 Lawyers in California.”
    • Awarded “West Trailblazer” by The American Lawyer (2021) and the Clarence Darrow Award by Mike Papantonio (2021).

    LINKS FROM THE SHOW:

    The Heart of Law
    enDecember 30, 2021

    # 2.1: Paul Farrell in The Heart of Law

    # 2.1: Paul Farrell in The Heart of Law

    EPISODE #2.1:  The Heart of Law with Paul Farrell

    The Heart of Law’s second season debuts with a forcible gale as Paul Farrell shares the mic with Mirena Umizaj. Respected by his contemporaries as the vanguard against the opioid scourge, our keen host deconstructs the rife ways propelling Paul to fly in the face of titan cases. Jumping immediately into the deep-dive, they weigh in on the steady, impressive rise of women in the legal field.  Utilizing zoo animals and oceanic metaphors, Paul and Mirena contemplate what to expect from the diverse personality types holding the legal empire together. All the while deconstructing the indelible mark of two distinct paradigm shifts in the industry. 

    Getting into the show's crux, Mirena asks Paul about his journey through the colossal MDL, National Prescription Opiate Litigation he took on. He recounts Eric Eyre’s investigative journalism expose (winning him the 2017 Pulitzer Prize), the three women whose stories made an impact on the prescription opioid epidemic (winning them an Academy Award), the horrific 780 million pain pills sold in a six-year window, the 20% infants born addicted to opium every year, and multifarious other situations spurring this gorgonian case that began in Huntington, West Virginia. Aligning forces with Mike Papantonio and Russell Budd, along with states like Ohio and Kentucky, Paul waged one of the biggest legal battles this nation has known. Anticipating the release of the documentary, The Bellwether, produced by Clay Tweel (a filmmaker who followed Paul throughout the four-year case) and a positive verdict in early 2022—no matter the outcome—he looks straight ahead.

    We hear his frustration as he revisits Nixon’s Environmental Protection Act, decades of presidents’ shifting promises, insidious political agendas, staggering Congressional regulations all leading to the Coal and Steel Mining Industry’s demise in West Virginia—leaving hundreds jobless in its wake. Clearly disenchanted at the hypocrisy of the US government building fossil fuel-burning power plants in Iraq and Afghanistan, while “putting coal companies out of business and … [not] even hav[ing] the decency to reimburse their pension funds,” we clearly grasp why he ran for office in the 2016 Presidential Elections with a mere $2,500.00. Despite his loss, Paul beat Hillary Clinton by 113 votes in Mingo County, West Virginia, ranking second place. Mirena proudly reminds him of his ineffaceable mark, influencing change in the CDC’s guidelines and standards of care. What’s next for our champion? Without batting an eye, he says: “Google. The single largest monolithic monopoly in the history of the world.” All 300 newspapers who implored him to fight for their cause will find an indomitable warrior storming even Olympus itself.

    EPISODE SURVEY:

    • [00:06:52] Paul and Mirena discuss the growth and future of women in leadership positions.
    • [00:36:08] Lawyers and Lions? Listen as Paul draws comparisons of the characteristics in the legal industry and lion packs. 
    • [00:42:14] Discover who Paul Farrell is and what inspires him.
    • [01:03:17] Opioid litigation is more than a project to Paul; it is of major personal importance. Find out why here!
    • [01:15:22] Paul recounts his experience running for President of the United States.

    ABOUT OUR GUEST:

    • Founding member of Farrell & Fuller, LLC, in San Juan, PR.
    • Focused his practice on the opioid litigation and filed some of the first diversion cases in the country.
    • Regarded as a pioneer and authority on the diversion claims directed against the opiate prescription drug manufacturers, distributors, and dispensers.
    • Considered one of the premier trial lawyers in southern West Virginia with experience prosecuting medical malpractice cases, birth trauma cases, and negligent credentialing cases.
    • Appointed Co-Lead Counsel of MDL 2804 styled, In re National Prescription Opiate Litigation.
    • Named West Virginia Trial Lawyers Association Member of the Year (2002).
    • Past President of the West Virginia Association for Justice (2011-2012).

    LINKS FROM THE SHOW:

    The Heart of Law
    enDecember 16, 2021