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milad-fakurian-58Z17lnVS4U-unsplash brain mind games Photo by Milad Fakurian on Unsplash
Photo by Milad Fakurian on Unsplash


Two recent additions to the Ross-Blakley Law Library collection have attorneys looking within, honing skills and reversing destructive thinking. Understanding and Overcoming Cognitive Biases for Lawyers and Law Students and Negotiation Essentials for Lawyers are driven by practicality: they hope to instill lessons that can make lawyers better at their job by identifying and neutralizing fallacies and other mental lapses and by developing a solid strategy at the bargaining table.

Understanding and Overcoming Cognitive Biases for Lawyers and Law Students, E. Scott Fruehwald, 2018

The heart of this book on cognitive biases is active learning—it contains numerous exercises to…
Continue Reading Mind Games: Train your mind for optimal lawyering

veeterzy-UwBrS-qRMHo-unsplash climate inflation act Photo by veeterzy on Unsplash
Photo by veeterzy on Unsplash

Passage of the Inflation Reduction Act, which includes $392 billion of federal investments in energy and climate policies, reflects a complex political evolution over recent decades, as described in this Washington Post article.

Multiple Political Changes

The bill was adopted on a purely party-line vote, with all Democrats voting in favor and all Republicans opposed.

There used to be bipartisan support for environmental policies.  President Richard Nixon signed the bill creating the Environmental Protection Agency.  President George H.W. Bush “signed the United Nations Framework Convention on Climate Change and created the U.S. Global Change Research Program.”  Senator and presidential…
Continue Reading Inflation Reduction Act: A long, hard road to “Yes”

omar-flores-MOO6k3RaiwE-unsplash network Photo by Omar Flores on Unsplash
Photo by Omar Flores on Unsplash

Networking is the base onto which your business development efforts sit. Who you know matters. The broader your network and reach the better chance it will lift you up towards success.

It seems obviously that you should want to be known by as many people as possible. We all have different ideas of what networking is or should be. You and I may meet at an professional event, but that doesn’t mean our respective networking activities will be a mirror of each other. You may be there with the goal of collecting business cards and meeting as many people as…
Continue Reading Networking and deepening your connections matters

colin-lloyd-SQZtpwXnY1Q-unsplash courthouse Photo by Colin Lloyd on Unsplash
Photo by Colin Lloyd on Unsplash

Courts often defer to administrative agencies on matters that require the agency’s specialized expertise. Yet even the embattled Chevron deference doctrine[1] puts the brakes on judicial deference sensibly when Congress has spoken on the matter. After all, the statute’s meaning must reflect legislative intent.[2]

Still, in defending the constitutionality of a statute, States will ask courts to read the statute more narrowly than its language supports, to avoid invalidation as applied to common situations. The Supreme Court has supplied advocates with precedent that should overcome these attempts to recast legislative language, particularly where free speech concerns predominate.

For…
Continue Reading Agency deference and statutory interpretation

joey-huang-jg3NTQilepo-unsplash video Photo by Joey Huang on Unsplash
Photo by Joey Huang on Unsplash

Video content is an effective way to connect with potential clients online, and consumers across many industries are responding positively to video content. A compelling marketing video can boost conversion rates for your firm by directly addressing your potential clients’ pain points and highlighting how you can help them with their legal issue. Marketing videos can also be repurposed on your social media pages to reach a broader audience and drive more traffic to your website. But at what point does video content begin to hurt your website’s functionality and conversion capability?

Read on for the pros and cons of…
Continue Reading Pros and cons of video content on your website

claudio-schwarz-PnizH11Bjis-unsplash respect honor reputation Photo by Claudio Schwarz on Unsplash
Photo by Claudio Schwarz on Unsplash

Your reputation is formed by how people perceive you, good or bad. Online, it is a function of your presence and activities on the internet, making you vulnerable to risks that can tarnish your reputation. A seemingly harmless post may be misconstrued, your brand may be unfairly attacked, or saboteurs may post damaging content about you. These issues can lead to defamation suits and the need for an internet defamation attorney.

Damaged reputations can be costly and difficult to repair. Taking steps to alleviate some of the risks can protect your good name and character. Here are five steps to…
Continue Reading 5 steps to protect your online reputation

kelly-sikkema-et5mfj1eB94-unsplash footnote Photo by Kelly Sikkema on Unsplash
Photo by Kelly Sikkema on Unsplash

In the play and movie, Amadeus, Mozart proudly debuts one of his new compositions for the emperor. The emperor’s verdict took Mozart by surprise. The composition was fine, the emperor intoned, but it suffered from “too many notes.” In providing some “helpful” criticism, the emperor advises, “cut a few and it will be perfect.”

While briefs do not approach the timelessness or artistry of a Mozart opera, courts and judges sometimes offer the same critique: “too many (foot)notes.” The judicial critique can have more validity than the emperor’s issue in Amadeus. The federal court in the District of Columbia, as…
Continue Reading Too many (foot)notes

sara-kurfess-O1mej4P-Rws-unsplash youtube Photo by Sara Kurfeß on Unsplash
Photo by Sara Kurfeß on Unsplash

Legal support is important when operating a YouTube channel, especially given the many legal issues content creators and YouTubers are exposed to. Some content creators may not find it necessary or consider it a priority at first, as many start and maintain their channels primarily as hobbies. However, legal support becomes necessary as a channel grows, gains popularity, and develops into a valuable asset.

Below are five instances in which YouTubers and content creators should consider hiring an internet lawyer to help with their channel.
1. When Negotiating Contracts
Brand deals, affiliate marketing, and partnerships with multi-channel networks (MCNs) are…
Continue Reading When should you hire a YouTube lawyer to help with your channel?

thought-catalog-o0Qqw21-0NI-unsplash books Photo by Thought Catalog on Unsplash
Photo by Thought Catalog on Unsplash

This topic covers a lot of ground in my mind. Depending on what you’re reading, you may be escaping your day or learning something new. It may be pure fun or investing in yourself and your future.

It means reading news and knowing what’s going on in the world. It means reading books including fiction and non-fiction, which can include books related to my career and business. To me, reading for all of these reasons is important and adds value to my life, whether an entertaining fiction book, an article on an area of the law relevant to my practice,…
Continue Reading Read, learn, and invest in yourself

alexandru-zdrobau-4bmtMXGuVqo-unsplash introvert introversion Photo by Alexandru Zdrobău on Unsplash
Photo by Alexandru Zdrobău on Unsplash

My recent piece about introversion seems to have struck a nerve.  It stimulated the most – and most intense – reactions to any of my posts.  Several people emphatically identified with it, saying that they felt that it was about them.

I’m sure a lot of other readers felt that way too.

Introversion is a mostly invisible part of people’s identities. We are pretty aware of many aspects of our identities such as our physical and demographic characteristics, relationships, religious and political perspectives, liking certain sports teams or performers, etc.

But many people who feel introverted have only a vague…
Continue Reading Coming out as introverted – even as a lawyer

tingey-injury-law-firm-nSpj-Z12lX0-unsplash gavel recusal Photo by Tingey Injury Law Firm on Unsplash
Photo by Tingey Injury Law Firm on Unsplash

It’s not that difficult to be persuasive. Below are a few tips to increase the persuasive value of your arguments.

1.    Keep it simple, talk like a normal human being, and get out of the weeds.

If you want to persuade a court (or anyone), simplify your narrative. Think of it this way: if you had only one sentence to explain why a court should rule in your favor, what would you say? If you had only thirty seconds to explain why the Second Amendment protects an individual right to bear arms, what would you say? Simplifying your narrative, making…
Continue Reading Commonsense tips on persuading judges … and people

kenny-eliason-maJDOJSmMoo-unsplash student loan money coin currency Photo by Kenny Eliason on Unsplash
Photo by Kenny Eliason on Unsplash

Student loans plague the minds of millions of Americans, but people often have more financial obligations than student loan debt to worry about. Your budget may already be stretched thin between other debts, bills, and necessities. If you are experiencing financial hardship on top of everything, it may feel impossible to honor every financial obligation, including your student loan payments.

Unfortunately, defaulting on your private student loans can greatly impact your financial health, resulting in consequences you may not have anticipated. Many people don’t realize that defaulting on federal student loans can affect your job prospects, and the same…
Continue Reading Defaulting on private student loans … and my job prospects

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Smiling at the Beginning of my bike workout on South Mountain

It’s 50 days until my first full Ironman race – Ironman Lake Placid. It’s taken nearly 3 years to get here.

After my coach and I did the Half Ironman Maine in 2019, we signed up for Ironman Mont-Tremblant (near Montreal, Canada) for 2020.

And then COVID hit.

Our race was cancelled, and all got deferred to Ironman Mont-Tremblant in 2021. Then that race was cancelled, not because of COVID infection rates, but because the Canada-U.S. border was still closed. Ironman gave us the option to change to…
Continue Reading 50 days until Ironman

andrew-neel-cckf4TsHAuw-unsplash writing Photo by Andrew Neel on Unsplash
Photo by Andrew Neel on Unsplash

Not too long ago I was driving in the car with both junior associates. I was talking to my spouse on the phone (safely via hands free), and in the course of the conversation I used the “s” word–“stupid.” An adorable little 4 year old voice called out from the back seat, “Mommy, we don’t say ‘stupid.'” To which I said, “you are right, I am so sorry.”

This little episode, which has sadly happened more than once, got me thinking about the advice that judges give attorneys. Judges are often very quick to give excellent advice to attorneys, but…
Continue Reading Do as I do: Tips on writing briefs … and opinions

kenny-eliason-2RRq1BHPq4E-unsplash think before speaking Photo by Kenny Eliason on Unsplash
Photo by Kenny Eliason on Unsplash

Just because the thought comes into your head does not mean it should come out of your mouth. In many situations, it matters what you say next. This is why it’s so important to think before speaking. It doesn’t mean uncomfortable long silences, but it means you need to plan for important conversations, negotiations, or presentations. It also means you need be able to think on your feet.

This can be difficult in emotionally charged situations. But those situations require the most thought and patience.

This was brought home to me a few years ago when an opposing attorney answered…
Continue Reading Do you think before speaking?

rajiv-bajaj-i4QIqfcTkN8-unsplash sun heat Photo by Rajiv Bajaj on Unsplash
Photo by Rajiv Bajaj on Unsplash

Contractors in central and southern Arizona know all too well the work hazards that accompany Arizona’s notorious summers. OSHA’s recently launched National Emphasis Program on Outdoor and Indoor Heat Hazards (NEP) provides a useful reminder of the risks of heat stress and how to help workers avoid it.

Before we describe some of the resources at your disposal, let’s briefly discuss the NEP and its application in Arizona. The NEP, which went into effect April 8 and is scheduled to continue for three years, calls for heat-specific workplace inspections in over 70 high-risk industries (including construction) at locations where the…
Continue Reading Heat stress: Reducing the safety risks to outdoor workers