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Veteran litigators Andrew Struve and Susan Page White walk step-by-step through the key actions and decisions every litigator must take at the outset of a matter to ensure a smooth start and that nothing is missed. Overlooking even one of these critical steps could lead to at best an unhappy client, and at worst to claims of legal malpractice. The speakers also share an easy-to-follow checklist that all litigators – from the most junior to the more experienced – will find highly valuable to use for every matter that comes in the door.

In the latest installment of this popular series, Zach McGee discusses the now infamous “ChatGPT lawyers sanctions” case where a New York federal district judge sanctioned two lawyers and their law firm under Rule 11 for submitting a brief that cited to six federal court decisions that did not in fact exist. In a case of seemingly first impression, ChatGPT had made up these cases out of whole cloth, and the lawyers failed to do any independent verification of those cases before filing their brief. This fascinating case is a cautionary tale for any lawyer who is tempted to use ChatGPT or other generative AI tools in their legal practice.

In the latest installment in the popular “Negotiation Ethics for Lawyers” series, Zach McGee switches gears to show how negotiations are portrayed in some popular films. In part one, the subject is the remarkable film “Hotel Rwanda” where the main character, Paul Rusesabagina, played by Don Cheadle, pulls out every negotiation “dirty trick” in the book while he literally negotiates for his life and the lives of his family during the Rwandan genocide. Zach draws lessons from these examples that you can use in your next real world negotiation and illustrates the legal ethics rules that apply to lawyers when we negotiate. Rules covered includes: ABA Model Rules 1.7 4.1 & 8.4; Cal. Business & Professions Code Sec. 6068.

So you’ve heard of this ChatGPT thing? I guess that means we should talk about it. Of course, this program isn’t only about ChatGPT. To properly understand the ethics issues in that program, we actually have to go a little deeper. So in this program we’ll be talking about the different ethics issues that impact both ChatGPT, artificial intelligence (generally), and a few other new technologies that are relevant to the discussion of generative AI.

In this fun and timely program, Peter Afrasiabi examines the colorful history of politicians using popular songs at campaign events and the legal disputes with musicians who opposed their works being used in this way. From such famous examples as President Reagan using Bruce Springsteen’s “Born in the USA” and former President Trump using Neil Young’s “Rockin’ in the Free World,” this program delivers a tour-de-force analysis of copyright, trademark and right of publicity law applied to musical compositions used to sell political campaigns.

Whether you’ve won or lost in the trial court, winning your case on appeal requires an entirely different approach in terms of your strategy and the mechanics of presenting your case to the appellate court. Pivoting successfully from trial court to appellate litigator can make the difference between losing and winning your appeal. Peter Afrasiabi, Co-Director of the Appellate Practice Clinic at the UC Irvine School of Law and the Appellate Practice Chair at One LLP, provides sage advice on how to prepare for and present your oral argument to an appellate court to help you win your next appeal.

Everyone knows that the First Amendment safeguards freedom of speech from government intervention, but does that protection extend to speech that is hateful, offensive or incites violence? Peter Afrasiabi reviews the history of free speech protections in the United States — from famous cases involving flag burning, Nazi marches and anti-war protests — and carries it through to present day controversies including cyberstalkers who send messages threating violence and former President Donald Trump who made statements targeting protesters at a campaign rally.

From polygamy and abolitionism in the 1800’s, to socialist and anti-war movements in the 1900’s to same-sex marriage in the 2000’s, the First Amendment is the vehicle through which social issues of the day become test cases. While content and viewpoint limits generally fail to pass constitutional muster, other types of speech such as obscenity, fighting words and defamation receive less protection and may be restricted by the government under certain conditions. In the latest installment of “The Curious Lawyer” series, Peter Afrasiabi takes a deep dive into each of the ten amendments in the Bill of Rights, reminding us what each amendment protects and illustrating its impact on the other constitutional protections we enjoy. Whether you are a budding constitutional scholar or simply looking for interesting facts to share at a cocktail party, the Bill of Rights series is for you.