Elizabeth Fraley, Associate Professor of Law at Baylor Law School and renowned trial lawyer joins us on today's show. Liz talks about the impact of COVID-19 on the class of 2020, how lawyers can lead the conversation around racial justice, and the importance of having a plan for your case.

COVID-19 Update (recorded July 9, 2020)

Attended a virtual faculty meeting at 4am local time from Maui
Baylor Law was fortunate because
several faculty members had been teaching remotely in the Executive LLM program and already knew how to do it;
also have great IT team to make it work; and
culture is let's figure it out and make it work
Learned a lot about Zoom technology
input options for sharing documents
students were willing to become technological innovators
July Bar Exam cancellation
Disappointed that the state wasn't more proactive about getting an online July Bar Exam
Injected more uncertainty into the 2020 grads
Take the July 4th holiday to take a break, but also to get over it and come back ready to go
Impacts start dates for those prepared to start jobs in September, as well as those who are pursuing prosecutor positions who typically need to have their license in hand before being considered
Summer Starting Class
Delayed by one week to adjust logistics
Summer/Fall enrollment numbers are steady/good
These students knew/know they would likely be doing online learning and prepared to be flexible
Fall Starting Class
Working towards in-person if possible, but preparing to be online
Largest challenge isn't in the classroom, but inside the courtroom
Profession
ABA mandated technology competence standards in 2012, but the profession hasn't consistently responded to that, and this experience could jump start things
You can do Zoom/Teams depositions and mediations
Cost savings available by utilizing tech
Concerned about remote jury trials
does it feel too much like a TV show
do criminal defendants get due process in this format?
Observing jurors both for reactions but also for conduct

Racial Equity and Racial Justice in the Law (15:30)

Racial equity has been cast aside for an unthinkably long time
Grateful the nation seems to be meaningfully look at it
Systematically discriminate across multiple sectors
Judge Tonya Parker in Dallas has done great work on implicit bias and jury service
Educate yourself on implicit bias
Much of the discussion of the topic is conducted in a way not likely to lead to consensus
Social media pushes everything to extremes
Black Lives Matter v. All Lives Matter is a fallacy
Lawyers can be good in guiding civil discourse and we need people who can facilitate those discussions; key to getting us to meaningful outcomes
How do we look at statues of people from a different time and what lens do we use to look at them?
How do we safely allow police to do their important job in a way that doesn't discriminate?

Her practice

Trial practice in healthcare litigation space; trying lawsuits for doctors/hospitals who had been sued
She also developed a practice later in her career where other lawyers would bring her cases late in the game and try them
The cases that were in good shape were those where the lawyers clearly had a plan
started with a true understanding of the legal elements / what are the causes of actions
what are the damages and how can we prove them?
If someone took the time up front to do an early case assessment, those are the cases/files that are in the best shape later
(This connects to what Wesley Lotz mentioned in this episode)
She is beginning to slow down practice
If you chase too rabbits you won't catch either one
But it is helpful to stay sharp and relevant
Helping mentor young female lawyers on cases
Important because if we don't give others a chance to try cases, we aren't going to have new trial lawyers
10-15 year lawyers who are ready to move up to a more sophisticated level

When hiring lawyers

Would call the law school professors and ask for their recommendations
Very hard to train new lawyers in a small firm trial practice
Come into the interview prepared
Candidate had two pages of thoughtful questions based on research she had done on the firm and how the position fit into her career goals
Have questions for the interviewer!
Do the interviewer and the candidate communicate well together

Rapid Fire Questions

Important trait/characteristic you most want to see in an associate - preparedness
Key habit - early riser
Favorite app/tool - remote working platform
Favorite social distancing activity - kayaking at sunrise
Favorite legal movie - To Kill A Mockingbird and Legally Blonde

Thanks again to Professor Elizabeth Fraley for joining us on today's show!