Dennis Beaver has an amazing story in this video.

The post Dennis Beaver Video appeared first on Dennis Beaver.

“Mr. Beaver, I was told to make a podcast and describe kitchen and food preparation equipment our restaurant supply company sells. I’ve never made a podcast before and told Beth, my boss that, but she said, ‘You’ve seen them before. It’s like filming a family video. Just grab your cellphone, walk around the store and describe our new products, and then upload it to our website.’

“That’s what I did and within a couple of hours, Beth screamed, ‘Take that video down! Are you trying to get us sued by people getting motion sickness watching it!’”

I viewed the “podcast,” which left me queasy after about a minute. Everything was in constant motion. It was a disaster.

“Mr. Beaver, I need help! Can you provide me guidance in making a podcast, or give me some pointers on what not to do? Thanks. Brian.”

Horrible experiences like Brian’s are well known to Christopher “Chris” Mines, formerly the director of partnerships and senior podcast producer with LearnFormula, a provider of excellent continuing education courses for attorneys, CPAs, and other professionals.

He offered these suggestions to anyone interested in producing an effective podcast.

Know where you are going

“Dennis,” Mines says, “I can’t tell you how often I’ve seen podcasts just like the one that Brian put online. Winging it is never a good idea! You can’t wing it. You will wind up losing your audience.”

Mines suggested checking out some good podcasts to see how they were done, especially to learn how to phrase questions and handle multiple guests. He also offered the following suggestions.

(1) Develop a road map – what you are going to discuss?

Podcasts are an extension of radio and television you are tailoring to a specific audience seeking the content that your podcast will deliver. From students to potential customers, they could be located in several countries

“Have a clear idea of your objective — what you plan to discuss or highlight. If you are inviting guests, then match the right topic to the right person. These are the threshold rules.”

(2) Connect with your guest ahead of time.

Be sure you know how to say their name correctly, and make the guest aware that we are recording and this is both audio and video. Especially when you are in a roundtable discussion, being able to play off their reactions makes for a much more lively and inviting experience.

How do they feel about the question? This new development? Are they passionate? Get someone who cares about the topic. If they care about it, the audience will too.

The flip side is knowing who your viewers/listeners are.

“Matching the right topic to the right guest reduces the chances of this being a lackluster experience. A good podcast will be fresh, interactive and reactive, encouraging a stimulating discussion by everyone involved,” Mines points out.

(3) Longer Does Not Mean Better

It is essential to be aware of time. A host should tell the viewers what we are going to talk about today so they know where you are. Failing to set out a road map for the viewer can result in their expectations not being met. That road map is simply: intro, body, outro.

Do not confuse an educational podcast with “Gotcha” journalism, as viewers are generally uncomfortable if a guest is pounced upon by the host or others. Therefore, tailor the session to stay within the borders our guest is comfortable with.

More to Be Aware Of

(1) Always have a backup guest in the event someone can’t make it or is ill.

(2) The interviewer who dominates the conversation, preventing guests from speaking.

(3) Never forget; your guest is the expert, the host is a conduit and not the star, yet should be well acquainted with the topic and able to guide the podcast.

(4) Failing to talk with all your guests equally – do not concentrate on one!

Look Listen Learn

Learn by listening and watching what others have done. Actively listening to podcasts with multiple guests and panel discussions is a great way to see how to phrase questions.

The creative work of others can be your best teacher.

Absolute No-No’s

(1) Bad audio. All should have a headset and a good microphone.

(2) Vulgar language and bringing up politics, unless the episode is intended to be political.

(4) Fail to have a glass of water for each participant.

(5) Forgetting to make clear that this is a conversation and can be edited if someone misspeaks or something unintended happens.

Get an Objective Evaluation

I asked Mines about the single most important tool a podcast host or producer must have:

“You need an objective evaluation – from someone who will tell it to you like it is. Never rush to put your podcast online until you’ve got what amounts to approval from people whose opinions you respect. Go slow and you will learn the craft.”

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post Want to produce a podcast? Tips to get it done right appeared first on Dennis Beaver.

When you meet with your attorney and paralegal, the one thing that you can count on and don’t even give a second thought to is that your conversation will be confidential.

Indeed, the attorney-client privilege — confidentiality of attorney-client communications — is the bedrock of the legal profession.

Clients are able to disclose sensitive — often embarrassing information — without fear of it being revealed, which is vital to effective legal representation.

(There are exceptions to the privilege. For example, when a client wants the lawyer’s help in committing a crime or when disclosure is necessary to prevent imminent death or substantial bodily harm.)

Smile, you’re being recorded (but no one told you)

What if, from the moment you enter your lawyer’s office, audio and video recordings are being made — without your knowledge or permission — of everything you say to the paralegals and attorneys? How would you feel?

These are not just academic questions. A credible source (she’s asked to remain anonymous for fear of reprisal) has told me that a local public services law firm that is partially government-funded is doing exactly that.

Additionally, as you will see, the lawyer responsible has created an atmosphere of fear — employees are afraid they’ll lose their jobs if they become whistleblowers.

The phone call

“Mr. Beaver,” my caller “Peggy” said, “I work for a non-profit law firm that provides free, civil legal services to low-income and older individuals. Several months ago, ‘Ivan’ was hired as our new managing partner. Within days, a place that we all enjoyed coming to was giving us ulcers. An atmosphere of fear, suspicion and paranoia has become part of everyday life, and it began when he installed video/audio cameras just about everywhere.

“Even though we hardly ever needed to call the police because of an unruly client, Ivan sent a note to everyone stating, ‘For safety, all staff must conduct meetings with clients and applicants in designated intake rooms monitored by security cameras that facilitate our ability to protect everyone during in-person contacts.’

“The lawyers and paralegals all know that eavesdropping on or recording clients without posting signs informing them of the video and audio recordings — and obtaining their consent — violates the law. None of us has ever been in a situation like this in our many years of working as paralegals and attorneys.”

As Peggy related, several of the firms’ attorneys and senior paralegals objected, pointing out to Ivan that in California — a two-party state — all parties must agree to the recording/video, or Penal Code 632 is violated, and that can lead to criminal penalties, including fines of up to $2,500 and/or imprisonment for up to one year.

You want to keep your job? Then shut up

“Ivan sits at his desk,” Peggy went on, “and is glued to the computer screen, focused on monitoring client discussions with attorneys and paralegals. It is creepy.”

Then she read a threatening email Ivan sent “To Staff.”

I have seen this email. Paraphrased, Ivan wrote, While I’ve heard about privacy and cameras, those things aren’t important compared to the prospect of losing one’s employment, financial stability and ability to provide food and shelter for our families.

“This was a clear threat to keep quiet,” Peggy told me, “and we are worried. We do not know what he might do. What do you advise?”

Ethical obligations of the law firm’s attorneys

I ran this troubling situation by an attorney with the State Bar of California’s Ethics Hotline. She said, “This conduct exposes the attorney to multiple counts of violating Penal Code Section 632, in addition to being sued civilly for invasion of privacy by anyone recorded without permission.”

She also pointed out a number of apparent violations of state bar rules that could land Ivan in hot water, including threatening the employees’ jobs.

The Ethics Hotline attorney also pointed out something that the attorneys in this firm now must do — they must report what’s going on to the State Bar of California. (The firm has since been reported to law enforcement.)

California’s ‘snitch law’

While all other states have for years required reporting misconduct by fellow attorneys to the appropriate authorities, California passed into law this bit of common sense only a little over two years ago.

The “snitch law” says that attorneys must report, to the state bar or other relevant authorities, fellow attorneys who have engaged in misconduct that includes criminal acts, conduct involving dishonesty, fraud, deceit or reckless misrepresentation, misappropriation of funds or property and any other conduct raising substantial questions about the lawyer’s honesty, trustworthiness or fitness to practice law.

This means that the attorney employees at this public service law firm have a duty to contact the State Bar of California and disclose what’s going on or themselves face discipline for failing to do so.

Clients want to trust their attorneys. In my decades of law practice, this is the first time I’ve ever heard anything like this. It is scary.

If falling into the wrong hands, these recordings could be the basis of extortion, tearing families apart, getting someone fired — the improper and illegal use of private, attorney/client communications threatens our very legal system.

Update: “Peggy” reported to me that “Ivan” sent an email to staff on Wednesday, the day after this article ran, that said that all cameras were being removed from the office that day. Peggy added, “Thank you very much for the assistance, your research and article!”

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post Why a Law Firm Secretly Recording Client Conversations Is Wrong (and Illegal) appeared first on Dennis Beaver.