BSPE Legal Marketing Podcast

di Viktoria Altman

Stagione 5

Can A Lawyer Talk To Their Client During An Illinois Divorce Hearing Or Trial? - Russell D. Knight

From Law Office of Russell D. Knight - Can A Lawyer Talk To Their Client During An Illinois Divorce Hearing Or Trial? examines whether a lawyer may confer with their client once testimony has begun in an Illinois divorce hearing or trial. The discussion covers how attorney-client privilege applies throughout a divorce, and why a judge may instruct a lawyer not to discuss ongoing testimony with their client, even across breaks in a multi-day trial. The piece also considers how these rules apply to depositions, and why courts have found that counsel has no right to confer once a deposition has started. The description distinguishes the rules that apply in criminal cases from those in civil matters like divorce, drawing on Glasser v. United States decided by the Supreme Court, as well as Stocker Hinge Mfg. Co. v. DARNEL INDUS. and Hill v. Ben Franklin Savings & Loan Ass'n. It also references LM INSURANCE CORP. v. ACEO, INC. from the ND Illinois in discussing deposition conferences, along with Ill. Sup. Ct. R. 3.4(b) and Beattie v. People, which address a lawyer's obligation not to assist a witness in testifying falsely. The podcast also touches on modern courtroom issues, including how Zoom hearings have made attorney-witness communication during testimony harder to monitor. It highlights the importance of thorough preparation so that a divorce attorney rarely needs to interrupt testimony to speak with a client, and notes that providing direct examination questions to a client in advance is both ethical and normal practice. Listeners are introduced to Russell D. Knight, Esq., a Chicago divorce attorney who has practiced family law since 2006 and written more than 750 articles on Illinois divorce and family law, with work appearing in publications of the Illinois State Bar Association. He earned his Juris Doctor from the University of Illinois College of Law and his Bachelor of Science from Bradley University, authored the chapter "Obtaining Orders of Protection" for the Illinois Institute for Continuing Legal Education's Family Law: Dissolutions of Marriage Court Proceedings 2024 Edition, and previously served as a faculty member for IICLE's Trial Training for Family Law Attorneys program. Law Office of Russell D. Knight 1165 N Clark St #700, Chicago, IL 60610 (773) 334-6311 https://www.google.com/maps?cid=13056420905624162796

S5 · E455

20 ago 2026

2:29

A Child's Preference And Parenting Time In An Illinois Divorce - Russell D. Knight

From Law Office of Russell D. Knight - A Child's Preference And Parenting Time In An Illinois Divorce examines how Illinois divorce courts weigh a child's wishes when determining parenting time, and why no single age makes a child's opinion determinative. Referencing cases such as Marriage of Seymour, Marriage of Hefer, Marriage of Balzell, Marriage of Wycoff, Marriage of Leff, Marriage of Siegel, Marriage of Apperson, and IN RE MARRIAGE OF ADAMSON, the discussion explores how courts in Illinois balance a child's stated preference against the broader best-interest analysis. The conversation highlights why courts rarely ask a child to choose between parents directly, and how a private conversation in chambers or the involvement of a Guardians Ad Litem can help the court understand a child's true wishes without placing undue pressure on them. As noted in Marriage of Wycoff, a GAL serves as the "eyes and ears" of the court, offering a recommendation that can carry weight in parenting-time disputes. The podcast also touches on how immaturity or manipulation, as seen in Marriage of Seymour and Marriage of Hefer, can undermine the reliability of a child's expressed preference. Listeners will also hear how Illinois courts, guided by 750 ILCS 5/602(a)(2), consider a mature child's reasoning when it relates to their well-being, such as a desire to stay in the same school or community, as described in Marriage of Siegel. At the same time, cases like Shoff v. Shoff and Marriage of Apperson make clear that even a mature child's preference is not controlling, and courts retain the responsibility to determine what truly serves the child's best interest. This episode is presented by the Law Office of Russell D. Knight, led by Russell D. Knight, Esq., who has practiced divorce and family law in Chicago since 2006. A graduate of the University of Illinois College of Law and Bradley University, Russell has written extensively on Illinois family law, presented continuing legal education programs for the Illinois Institute for Continuing Legal Education, and contributed to publications of the Illinois State Bar Association. Law Office of Russell D. Knight 1165 N Clark St #700, Chicago, IL 60610 (773) 334-6311 https://www.google.com/maps?cid=13056420905624162796

S5 · E454

20 ago 2026

3:32

Who Is Responsible for an Uber or Lyft Accident in Virginia? - John P. Fishwick Jr.

From Fishwick & Associates PLC - Who Is Responsible for an Uber or Lyft Accident in Virginia? looks at how fault, app status, and insurance requirements combine to determine responsibility after a rideshare crash. The podcast covers how Uber and Lyft operate as transportation network companies under the Code of Virginia, and how passengers, pedestrians, and other motorists may need to sort through both fault and available insurance following a collision. The discussion explains how Virginia Code sets different insurance requirements depending on whether a driver's app was off, on without an accepted ride, or engaged in a ride from acceptance through completion. It also touches on the process for requesting a rideshare company's app status and insurance information after a crash, along with how Virginia courts evaluate whether a driver should be treated as an employee or a contractor. Listeners will also hear about Fishwick & Associates PLC, based in Roanoke, and its work representing people injured in motor vehicle accidents throughout Virginia. John P. Fishwick Jr., who previously served as the United States Attorney for the Western District of Virginia, founded the firm after returning to private practice, and continues to represent clients in personal injury, wrongful death, civil litigation, and criminal matters. The episode notes John's background, including his degree from Harvard College and his J.D. from Washington and Lee University School of Law, along with his admission to the U.S. Court of Appeals for the Fourth Circuit and the Supreme Court. It closes with an overview of how UM/UIM coverage and third-party fault can affect a claim, and how a Virginia car accident lawyer can help injured rideshare passengers, pedestrians, and other motorists understand their options under Virginia law. Fishwick & Associates PLC 30 Franklin Rd SW Ste 700, Roanoke, VA 24011 (540) 345-5890 https://www.google.com/maps?cid=10040635858459830700

S5 · E453

20 ago 2026

3:09

Who's at Fault When a Car Malfunction Causes a Wreck? - John P. Fishwick Jr.

From Fishwick & Associates PLC - Who's at Fault When a Car Malfunction Causes a Wreck? looks at how fault is determined when a vehicle failure, rather than driver error alone, contributes to a crash. The podcast walks through how a driver, a manufacturer, a parts supplier, or a repair shop may bear responsibility depending on the cause of the failure and the conduct of each party involved. Listeners will hear how a rear-end crash raises questions about following distance and lookout, and why a sudden brake failure does not automatically excuse a driver from fault. Fishwick & Associates PLC represents injured people in Roanoke and across Virginia, and the discussion draws on the guidance Attorney John P. Fishwick Jr. and the firm's Roanoke car accident lawyers provide to those navigating these claims. The conversation covers how Virginia law treats defective products, since Virginia does not recognize strict products liability and instead allows claims to proceed under negligence or breach of warranty. Design defects, manufacturing defects, and failure-to-warn issues are each explained, along with how recall records, safety investigations, and manufacturer communications can help show that a company knew about a similar problem without proving on their own that the same defect caused the crash. The episode also addresses when a driver may be liable for failing to maintain their car, noting that Virginia law requires brakes to be kept in good working order and that continued use of a vehicle despite warning signs can affect fault. Listeners will also learn how contributory negligence works under Virginia law, where a driver's own negligence, if it was a proximate cause of the crash, can bar recovery on that claim, while noting that contributory negligence is not a defense to a breach of warranty claim. The podcast outlines the kind of evidence that can connect a malfunction to a crash, including inspection of the failed part, event data recorder information, maintenance and repair history, recall notices, and photos of the scene. It also touches on preserving the vehicle before repairs or disposal so that an inspection can reveal what failed and why, and how other parties, such as a repair shop or a parts manufacturer, could share liability. The episode closes with background on Attorney John P. Fishwick Jr., a Roanoke native and trial lawyer who represents individuals in personal injury, wrongful death, and federal criminal matters throughout Virginia. He earned his B.A. from Harvard University and his J.D. cum laude from the Washington and Lee University School of Law, and he served as the United States Attorney for the Western District of Virginia from 2015 to 2017. He has been recognized in The Best Lawyers in America and named to the Virginia Super Lawyers list, and listeners are invited to call Fishwick & Associates PLC to schedule a free consultation about a possible car malfunction case. Fishwick & Associates PLC 30 Franklin Rd SW Ste 700, Roanoke, VA 24011 (540) 345-5890 https://www.google.com/maps?cid=10040635858459830700

S5 · E452

20 ago 2026

2:44

Can You Sue for Punitive Damages After a Drunk Driving Crash in Virginia? - John P. Fishwick Jr.

From Fishwick & Associates PLC - Can You Sue for Punitive Damages After a Drunk Driving Crash in Virginia? looks at how injured people may pursue punitive damages after a drunk driving crash, in addition to compensatory damages for losses such as medical expenses, lost income, and pain and suffering. Attorney John P. Fishwick Jr. discusses how Virginia law allows these damages when evidence shows malice or conduct so willful or wanton that it demonstrates a conscious disregard for the rights of others. The episode explains how Virginia Code § 8.01-44.5 allows a finder of fact to award punitive damages in a personal injury or wrongful death case involving a motor vehicle, and how BAC evidence, knowledge of impairment, and causation each play a role in that analysis. It also covers how Virginia common law may support a punitive damages claim, referencing Webb v. Rivers and the Supreme Court of Virginia's decision allowing a jury to consider such a claim when a driver's overall conduct was especially reckless. Listeners will hear how Virginia Code § 8.01-38.1 caps total punitive damages at $350,000 without the jury being told about that limit, and how a driver's unreasonable refusal of testing under Virginia's implied consent law, along with a determination under Virginia Code § 18.2-268.3, may factor into a case. The discussion also touches on related topics such as cervical and spinal injuries after a crash and Virginia's last-clear-chance doctrine. Fishwick & Associates PLC, led by John P. Fishwick Jr., Esq., a Roanoke native who earned his B.A. from Harvard College and his J.D. cum laude from the Washington and Lee University School of Law, represents clients throughout Virginia in serious personal injury, wrongful death, civil litigation, and federal criminal matters. He clerked for Chief Judge James C. Turk of the U.S. District Court for the Western District of Virginia, is admitted before the Supreme Court of Virginia, the U.S. Court of Appeals for the Fourth Circuit, and the United States Supreme Court, and has been recognized by Virginia Super Lawyers, The Best Lawyers in America, Virginia Business magazine's Legal Elite, and as a Client Champion by Martindale-Hubbell. Fishwick & Associates PLC 30 Franklin Rd SW Ste 700, Roanoke, VA 24011 (540) 345-5890 https://www.google.com/maps?cid=10040635858459830700

S5 · E451

20 ago 2026

3:08

What Should You Do If a Drunk Driver Hits You in Virginia? - John P. Fishwick Jr.

From Fishwick & Associates PLC - What Should You Do If a Drunk Driver Hits You in Virginia? explains the steps injured victims should take after a crash, from calling the police to documenting the scene and gathering witness information. The article walks through how a driver's BAC and the Certificate of Analysis can support a claim, and why prompt action helps protect evidence even if the driver flees or has no insurance. It also references data from the Virginia Department of Motor Vehicles showing how frequently alcohol-related crashes occur across Virginia each year. The guide further details what happens under Virginia Code when a driver leaves the scene, including how property damage and injury can lead to a Class 1 Misdemeanor or Class 5 Felony charge. It explains how Virginia Code allows injured people to pursue punitive damages when a driver's BAC reaches a certain level or when the driver refuses testing without good reason. The discussion also covers how a new rule tied to felony hit-and-run cases may affect a person's ability to seek punitive damages. Fishwick & Associates PLC, based in Roanoke, represents accident victims throughout Virginia, including those affected by drunk driving and hit-and-run crashes. The firm is led by John P. Fishwick Jr., who earned his B.A. from Harvard University and his J.D. from Washington and Lee University School of Law, and who is admitted to practice before the Supreme Court of Virginia and the U.S. Supreme Court. He also served as U.S. Attorney for the Western District of Virginia. John P. Fishwick Jr. has been recognized by Virginia Super Lawyers and Best Lawyers in America, and was named a Martindale-Hubbell Client Champion. Fishwick & Associates PLC helps crash victims navigate insurance negotiations, evaluate liability, and pursue claims involving BAC evidence and punitive damages. Those who have been hit by a drunk driver in Virginia can turn to Fishwick & Associates PLC for guidance through each step of the process described in this article. Fishwick & Associates PLC 30 Franklin Rd SW Ste 700, Roanoke, VA 24011 (540) 345-5890 https://www.google.com/maps?cid=10040635858459830700

S5 · E450

20 ago 2026

2:32

What Are the McKinsey Documents? - GibsonSingleton Virginia Injury Attorneys

From GibsonSingleton Virginia Injury Attorneys - What Are the McKinsey Documents? examines the internal Allstate materials tied to McKinsey & Company and what they reveal about claims-handling strategies that critics say prioritize delay, low settlement offers, and litigation pressure over individualized evaluation. Virginia personal injury lawyers Ken Gibson and John Singleton help injured people throughout the Middle Peninsula pursue fair compensation after serious accidents, and this episode walks through how these tactics can surface in real claims, including those involving drivers near the Coleman Bridge or along Route 17. The discussion covers how insurers may use the McKinsey approach to shift the goal of a claim from fair value to the lowest amount a claimant will accept, describing tactics such as treating claims as a zero-sum game, following a delay, deny, and defend approach, relying on computerized evaluation software, and reserving aggressive litigation for claimants who push back. It also explains that local adjusters may have limited discretion, since company-wide guidelines or software-driven valuation systems can restrict settlement authority, meaning a low offer may reflect internal policy rather than a genuine case-by-case review. Listeners will also learn how insurance is regulated in Virginia, including the role of the State Corporation Commission's Bureau of Insurance in handling consumer complaints and reviewing whether an insurer followed Virginia insurance laws and policy provisions. The episode outlines Virginia's recognized unfair claim settlement practices, such as failing to respond reasonably promptly or refusing arbitrarily to pay claims, while noting that the Bureau of Insurance cannot act as a claimant's lawyer, decide fault, or value a bodily injury claim. Ken Gibson brings decades of courtroom experience from Gloucester County and the Middle Peninsula, along with a background as an Assistant Commonwealth's Attorney in Norfolk and a federal prosecutor with the U.S. Department of Justice, and John Singleton contributes insight from his prior work at an insurance defense firm and his role as a Special Justice for Virginia's Ninth Judicial Circuit. Together they discuss the warning signs of unfair insurance claim handling, from repeated delays and vague denials to pressure to sign quickly, and encourage anyone facing these issues to call GibsonSingleton Virginia Injury Attorneys at (804) 413-6777 for a free case evaluation. GibsonSingleton Virginia Injury Attorneys 4073 S George Washington Mem Hwy, Hayes, VA 23072 (804) 413-6777 https://www.google.com/maps?cid=16748039254555405766

S5 · E449

19 ago 2026

2:54

Do You Need X-Rays After a Car Accident in Virginia? - GibsonSingleton Virginia Injury Attorneys

From GibsonSingleton Virginia Injury Attorneys - Do You Need X-Rays After a Car Accident in Virginia? explains three important diagnostic tools, X-rays, MRI scans, and CT scans, that may be used to identify injuries after a traffic collision. The discussion highlights why getting evaluated immediately at an ER or by a physician can matter, especially when adrenaline masks symptoms and potentially serious “invisible injuries” such as organ damage, brain damage, nerve damage, herniated discs, severe whiplash, compartment syndrome, torn rotator cuffs, torn labrums, and damaged ligaments or tendons. Learn how X-rays use electromagnetic waves to help doctors identify fractures, dislocated joints, and other skeletal injuries, while MRI scans, or magnetic resonance imaging, provide detailed views of bones, soft tissues, organs, nerves, and certain brain injuries. The episode also examines CT scans, also known as CAT scans or computed tomography, which combine computer imaging and X-rays to help diagnose internal bleeding, organ trauma, ligament or tendon damage, and nerve injuries. The conversation also explores the financial and legal issues that can follow medical treatment after a collision. Medical expenses, ER visits, lost wages, mental anguish, and pain and suffering may become part of a claim when injuries result from a negligent driver, while insurance companies may resist paying damages. The article also discusses billing health insurance for medical care and the importance of documenting injuries and treatment. Finally, discover how GibsonSingleton Virginia Injury Attorneys and Gloucester County injury attorneys Ken Gibson and John Singleton help people navigate the aftermath of car wrecks in Virginia. From connecting clients with medical professionals to addressing insurance companies and pursuing compensation for treatment costs, the episode provides practical context for understanding the relationship between medical evaluation, injury documentation, and a car accident claim. GibsonSingleton Virginia Injury Attorneys 4073 S George Washington Mem Hwy, Hayes, VA 23072 (804) 413-6777 https://www.google.com/maps?cid=16748039254555405766

S5 · E448

18 ago 2026

3:10

How to Prepare for a License Restoration Hearing - Paul J. Tafelski

From Paul J. Tafelski, Michigan Defense Law - How to Prepare for a License Restoration Hearing explains what it takes to successfully petition for restored driving privileges in Michigan, covering everything from documentation to hearing-day conduct. Winning a Michigan license restoration hearing requires months of preparation, not days, and OHAO hearing officers expect comprehensive sobriety documentation, a professionally completed substance use evaluation, detailed witness letters, and consistent testimony. Poorly prepared petitions are denied, and an unsuccessful petition can significantly delay restoration, which is why residents of Bloomfield Hills and the greater Metro Detroit area are encouraged to understand what hearing officers expect before filing. A license restoration hearing is a formal legal proceeding where a person asks the state to restore driving privileges after a revocation, and requests are made through the Office of Hearings and Administrative Oversight, formerly known as the Driver Assessment and Appeal Division, under standards set by Rule 13. The legal standard is clear and convincing evidence, meaning petitioners must prove that their substance use problem is under control and likely to remain under control. Most hearings are conducted through Microsoft Teams, and hearing officers weigh credibility heavily, looking for consistency across the substance use evaluation, letters of support, and testimony. Genuine sobriety involves more than abstinence, and hearing officers look for participation in programs such as Alcoholics Anonymous or Narcotics Anonymous, along with a supportive network and documented sobriety of at least six consecutive months, though twelve months may be required. Required paperwork includes a substance use evaluation completed on the official OHAO form, a 12-panel urinalysis drug screen, three to six letters of support, and proof of AA or NA attendance, with every document needing to tell a consistent story about sobriety date, substances used, and treatment history. Common reasons petitions are denied include an inadequate substance use evaluation, weak or generic support letters, inconsistent testimony, an insufficient sobriety period under Rule 13, and a failure to demonstrate a visible support network. If a petition is denied, petitioners may appeal to the appropriate circuit court within 63 days of the determination, and the court may allow a later filing for good cause up to 182 days, making attorney representation valuable during this process. Paul J. Tafelski, Michigan Defense Law has spent over 20 years helping clients throughout Oakland County restore their driving privileges, guiding them through evaluator referrals, support letter coaching, hearing preparation, and full representation at OHAO hearings. Paul J. Tafelski has been recognized by Super Lawyers from 2011 to 2013 and 2017 through 2026 for his criminal defense work across Oakland County. From the Bloomfield Hills office, the firm serves clients throughout Oakland County, Wayne County, Macomb County, and the greater Metro Detroit area. Call Michigan Defense Law at (248) 451-2200 to schedule a free consultation and discuss preparing for a Michigan license restoration hearing. Paul J. Tafelski, Michigan Defense Law 2525 S Telegraph Rd suite 100, Bloomfield Hills, MI 48302 (248) 451-2200 https://www.google.com/maps?cid=7441820969606749572

S5 · E447

18 ago 2026

3:25

What Are the Biggest Financial Mistakes in a High Net Worth Divorce? - Caesar & Bender, LLP

From Caesar & Bender, LLP - What Are the Biggest Financial Mistakes in a High Net Worth Divorce? explores the costly financial missteps that can complicate high-net-worth divorce and affect long-term financial security. This episode examines the challenges that arise when substantial marital estates, business interests, investments, real estate, retirement accounts, and other complex assets must be identified, valued, and divided under Illinois law. Discover why accurate financial disclosure and careful documentation can be crucial when determining marital and non-marital property. The discussion considers issues such as commingling assets, unusual transfers, hidden assets, inconsistent income records, and dissipation of marital property, along with the role forensic accountants and financial investigators can play in tracing transactions and evaluating complicated financial records. The episode also looks at business valuation, fair market value, tax implications, retirement assets, executive compensation, trusts, and inherited wealth. Learn how decisions involving closely held businesses, investment portfolios, real estate, and other high-value property can carry consequences beyond the immediate divorce settlement, particularly when valuation, liquidity, taxes, and long-term financial obligations are involved. Caesar & Bender, LLP co-founding partners Michael Ian Bender and Molly E. Caesar represent clients in complex family law and high-net-worth divorce matters in Chicago and Cook County. Michael Ian Bender is a former Domestic Relations Judge for the Circuit Court of Cook County, while Molly E. Caesar is a certified mediator who has litigated matters at the trial, appellate, and Illinois Supreme Court levels. Together, their work encompasses property division, business interests, financial disputes, maintenance, child support, prenuptial agreements, custody, and other family law concerns. Caesar & Bender, LLP 150 N Michigan Ave #2130, Chicago, IL 60601 (312) 236-1500 https://www.google.com/maps?cid=10482794179944044586

S5 · E446

17 ago 2026

3:19

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