New Podcast for Trial Lawyers: “The Jury is Out” Featuring John Simon and Erich Vieth

For ten years I had the privilege of working as a trial attorney with John Simon. I learned firsthand why John and his team so often won substantial verdicts for their clients on high profile cases. The “secrets” turned out to be nonstop hard work and a recognition that law school is only the beginning of one’s legal education.

About five years ago, I branched off into my own law practice, but I continued working with John on a variety of projects. A few months ago, John invited me to be his co-host on a podcast to teach trial law skills to lawyers and law students. Both John and I teach law students at Saint Louis University School of Law and we both present at legal seminars. Offering a podcast was thus a natural extension of our interests in legal education. We named our new podcast “The Jury is Out” and we released the first five episodes to the public a few days ago. We record our podcasts at a dedicated recording studio at the Simon Law Firm in downtown St. Louis.

John and I will be passing on what we've learned over the years, including lessons we’ve learned from hard experience. Our trial law episodes are geared to particular skills, including multiple episodes on the topics of “Opening Statement,” “Voir Dire” and “Expert Witnesses.” We will also offer interviews with prominent attorneys from St. Louis and beyond. Our guests on upcoming episodes include Hon. Mike Wolff (persuasion), Yvette Liebesman (intellectual property issues of concern to artists), Amy Gunn (efficiencies in the practice of law) and Hon. Glenn Norton (mediation).

You’ll quickly see that our approach for each episode is to roll up our sleeves and get right to it. After you listen to a podcast or two, we would appreciate if you would take a moment to rate this new podcast. And feel free to send us an email with suggestions you might have for future episodes.

You can find “The Jury is Out” wherever you get your podcasts. We’d be honored to have you join us.

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Coronavirus Misinformation and Lies Mean that It’s Time to Pull the FCC Licenses of FOX “News” Stations

What should be done about TV and Radio stations that have already endangered Americans by calling Coronavirus a hoax, claiming that it was simply like the flu, or the many other variations of these themes? The FCC licenses of such TV and Radio stations should not be renewed where such hoaxes and lies cause illness and death. Shouldn't we start taking the FCC standards seriously? FOX "News" should be concerned. Here is the FCC standard for denying a license renewal.

Broadcast Journalism

Introduction. As noted above, in light of the fundamental importance of the free flow of information to our democracy, the First Amendment and the Communications Act bar the FCC from telling station licensees how to select material for news programs or prohibiting the broadcast of an opinion on any subject. We also do not review anyone’s qualifications to gather, edit, announce, or comment on the news. These decisions are the station licensee’s responsibility. Nevertheless, there are two issues related to broadcast journalism that are subject to Commission regulation: hoaxes and news distortion.

Hoaxes. The broadcast by a station of false information concerning a crime or catastrophe violates the FCC's rules if:

The station licensee knew that the information was false; Broadcasting the false information directly causes substantial public harm; and It was foreseeable that broadcasting the false information would cause such harm.

In this context, a “crime” is an act or omission that makes the offender subject to criminal punishment by law, and a “catastrophe” is a disaster or an imminent disaster involving violent or sudden events affecting the public. The broadcast must cause direct and actual damage to property or to the health or safety of the general public, or diversion of law enforcement or other public health and safety authorities from their duties, and the public harm must begin immediately. If a station airs a disclaimer before the broadcast that clearly characterizes the program as fiction and the disclaimer is presented in a reasonable manner under the circumstances, the program is presumed not to pose foreseeable public harm.

News Distortion. The Commission often receives complaints concerning broadcast journalism, such as allegations that stations have aired inaccurate or one-sided news reports or comments, covered stories inadequately, or overly dramatized the events that they cover. For the reasons noted previously, the Commission generally will not intervene in these cases because it would be inconsistent with the First Amendment to replace the journalistic judgment of licensees with our own. However, as public trustees, broadcast licensees may not intentionally distort the news. The FCC has stated that “rigging or slanting the news is a most heinous act against the public interest.” The Commission will investigate a station for news distortion if it receives documented evidence of rigging or slanting, such as testimony or other documentation, from individuals with direct personal knowledge that a licensee or its management engaged in the intentional falsification of the news. Of particular concern would be evidence of the direction to employees from station management to falsify the news. However, absent such a compelling showing, the Commission will not intervene."

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Rethinking the War on Drugs in the Age of Opioid Addicted Europeans

I don't see racism everywhere I look. In my view, most issues are far too complex for "race" to serve as a dominant explanatory factor.

That said, it's rather stunning to see the recent tsunami of news articles (like this one recent news piece from NPR) taking the position that as people of European descent become an ever bigger percentage of drug addicts, throwing their asses in jail is no longer trendy as a first-choice paradigm for addressing the problem. Almost overnight, in this age of opioid addiction, compassionate treatment has become "common sense."

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Small Claims Court Offers More Jurisprudential Integrity than the Proposed Impeachment Trial

Even SMALL CLAIMS COURT Invites You to Introduce Live Testimony in a Public Hearing Decided by an Impartial Finder of Facts.

You don't even need to go to law school to know this.  It is basic due process.  There will apparently be more jurisprudential integrity in a small claims court than in a proceeding considering the impeachment of the President of the United States.

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Trump’s Attack on Iran is a Symptom, not the Disease

From what I understand about Trump's decision to attack Iran's General Qasem Soleimani in Iraq, it seems to be a dangerous move, an unforced error that puts the U.S. at risk. There is a lot of outrage on the political left. Before attacking Trump, I think it's important to recognize that the U.S. is a bipartisan war-mongering state, and this includes numerous undeclared wars waged by Barack Obama. It also includes the fact that there are few vocal anti-war Democrats running for President. It also includes widespread Congressional nonchalance in the face of the recent report showing "U.S. officials constantly said they were making progress. They were not, and they knew it, an exclusive Post investigation found."

It's also important to recognize that Congress has the power to supervise and control these adventures, but won't. War is job-security for many politicians. It makes them look strong and thus more electable. Thus the waging of wars of discretion continues to be our non-stop horrifically expensive and dangerous hobby. War-mongering is a cancer in our bipartisan body politic. I'd urge everyone who is criticizing Trump to keep this in perspective. The problem runs much deeper than Trump, and the reason you won't see widespread protests in the street in reaction to Trump's terrible decision is the same reason you didn't see such protests while Obama was waging numerous undeclared wars, many of them with no clearly defined metric of success.

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