Above the Law - Thinking Like a Lawyer

Too bad it was such a slow news week...

The firm says Cleta Mitchell went rogue, but that's only the start of their issues.

Things have to get better from here, right?

You can have a second act, but you don't get a consequence-free mulligan.

It's made-for-cable holiday movie season, so we tackle the burning question.

Also, what to get for the lawyer that has no time for anything.

Biglaw, law school, and firing squads all in one show.

As it turns out, there are a lot of better ideas out there.

Could this be the beginning of a mass exodus?

Sometimes, you just need to protect your IP better.

Someone screwed up bigly.

Time flies when you're surveying the apocalypse.

Joe chats with Clio CEO Jack Newton in the midst of his virtual conference.

Courts, law firms, and bar exams, oh my!

Obviously Trump's biggest mistake with ACB involved causing a White House superspreader event, but we didn't know that when we recorded this week's show. So we spend some time talking about his other mistake -- nominating ACB before the election and giving "never Trumpers" everything they want and leaving them with zero incentive to reelect him. We also discuss the wave of Fall bonuses among Bigla...

A conversation with Neal Katyal about the late justice.

What was a nice trickle has turned into a tsunami. Law firms are falling over themselves to hand out big time bonuses to associates to show the world how they've weathered COVID. And yet some firms are being forced to admit that they aren't able to keep up with the Biglaw Joneses. Speaking of Joneses, we also check in on a Jones Day associate likely bound for the federal bench despite all normal r...

Professor Rick Hasen of UCI Law and the Election Law Blog joins us to talk all things election. Following up on his new book Election Meltdown we cover dangerous media expectations, vote-by-mail rules, how ballots are processed, the "Blue Shift" and the impact COVID is having on an already strained election system.

One of America's most venerable legal institutions has fallen into rank buffoonery and it's genuinely tragic to watch. From Bill Barr declaring racism over -- except on college campuses -- to a stumbling effort to get Michael Flynn out of his own sworn testimony, Joe is joined by ATL and Wonkette columnist Liz Dye to discuss what's gone wrong over there. And we check in on Kyle Rittenhouse's legal...

If you watched the Republican National Convention, you heard a lot of coverage about the Hatch Act and the constant stream of violations occurring on live television. But does anyone really care about this? Maybe more to the point, is the law so over broad that it's blunted its own impact? We also check in on Yale Law School where a prominent professor is suspended for two years after an internal...

Examinees across the pond give us a preview of the October exam process by urinating in bottles as proctors refuse to allow bathroom breaks. In case you were wondering if the bar exam fiasco could get any worse, there's your answer. Meanwhile Kirkland & Ellis faces a new discrimination suit, and we chat about the Supreme Court and the election a little bit.

As law schools return, one student gets a stern warning about a COVID kegger, law firms get a new ranking, and an unqualified judge issues the sort of baseless decision that landed him on the bench in the first place. A rundown of the week that was in legal news.

America's bar examination authorities have turned to threatening Character & Fitness repercussions for their critics marking a new, darker phase of the bar exam drama. How in the world did it come to this? Also, we talk about Kanye's double agent attorney and PACER gets a slap from the federal courts.

It may be too early to declare the legal profession back to normal, but we've now seen some major law firms reverse course on cost cutting and even announce some bonuses. Meanwhile, it took all of a couple hours for the in-person bar exam experiment to net its first positive COVID test.

Multiple states are going forward with the test this week. Good luck to everyone.