Above the Law - Thinking Like a Lawyer

Joe and Kathryn take a deep dive into some Above the Law stories from the last couple of weeks. Kathryn focuses on what ticks her off about a superficially light-hearted story about a Supreme Court advocate appearing for oral argument while his baby was busy being born and Joe talks about what reasonable accommodations for disabilities and the unconscious rhetorical choices he's made.

Joe and Elie discuss the major headlines in law firm news. Paul Weiss found itself in hot water after putting out a picture promoting its new partnership class of predominantly white dudes. It's a lesson in the damage visuals can wreck... and how to address incidents like this. Jones Day inserted itself... again... into the war on workers by entering the Slate labor dispute. And does your firm giv...

Elie and Joe talk to Ralph Baxter, former head of Orrick and current board member of Intapp, about the future of the legal industry. Baxter has long been an evangelist for legal industry change, willing to rethink Biglaw's long-standing practices to deliver better and more cost-effective services to clients.

Many folks become lawyers so they don't have to deal with math anymore. It's one of those weaknesses that holds back the profession as a business. Yet, cutting-edge tech is bringing number crunching to the fingertips of lawyers everywhere in the form of easy to use data analytics. Joe and Elie talk to Josh Becker of LexisNexis about the release of Context, a new tool that delivers deep insights in...

As everyone departed for the holiday, Joe was left solo to make a few announcements about upcoming opportunities to see the Above the Law team, including an invite to our upcoming holiday party for all the loyal readers and listeners.

Joe and Elie share their tips on how law students should prepare for final exams. They suggest getting into the mindset of mentioning concepts in the right place, organizing your notes before test week and even choosing the perfect song to get you hyped for studying. They top it off with their dislikes for final papers!

Joe and Elie check in on the legal academy and boy was it a mess this week. One law school is closing. A T14 school claims it's in financial distress. And another school made all its students attend a racist propaganda rally. Just another day in the law school world.

With work flowing away from mid-sized firms with high overhead to either the established elite or small shops, the shape of the legal labor market was bound to change as well. That's where Lawclerk's solution comes in at the intersection of technology and human capital. Joe chats with Greg Garman and Talitha Gray about their platform and how they help efficiently match freelancers with small shops...

Joe and Elie catch their breath by recapping the top legal stories of last week. At the annual meeting of the Association of Corporate Counsel, Elie describes an in-house community deeply concerned with navigating the #MeToo era, the gang discusses the abrupt decision of Baker McKenzie's managing partner to step down for "exhaustion," and the pair argue over a new set of law school rankings.

You've seen all the mainstream media reports of student walk-outs and protests, but what are law school campuses really like these days. Joe and Elie are joined by Melissa Murray, a professor at NYU Law and former interim dean of Berkeley, to discuss the reaction from an insider's perspective and to delve into the overall mood on law school campuses these days. Are law students really desperate fo...

Joe and Elie take a serious turn, talking to University of Cincinnati Law Professor Mark Godsey, director of the Ohio Innocence Project, and author of Blind Injustice about the scourge of wrongful convictions, prosecutorial misconduct, and the trouble with local elections. Professor Godsey, a former prosecutor himself, discusses his conversion to an advocate for the wrongfully convicted and his gr...

Joe attended this year's Clio Cloud Conference and sat down with Sarah Schaff of Headnote to discuss her legal career and how she's shifted to become an entrepreneur with a product that helps attorneys collect on their bills within hours instead of months.

Joe and Above the Law's Kathryn Rubino react in real-time to the Kavanaugh hearings, recapping the morning testimony of Christine Blasey Ford and watching the Kavanaugh opening statement in all its ripe-for-SNL-parody glory. Since this recording, the vote's been delayed pending an investigation but it's worth taking a step back and ruminating on what we saw.

The legal workplace would be almost unrecognizable to a lawyer of the past. The typewriters are gone, WordPerfect is gone, the fax machines are going, and a whole host of new platforms providing services that those older lawyers could never have imagined. Joe and Elie chat with Casepoint CEO Haresh Bhungalia and Casepoint Chief Strategy Officer David Carns about the legal technology landscape gene...

Before the Kavanaugh nomination took its decidedly darker turn, the nominee spoke tentatively but positively of opening up the courts to cameras and same-day audio. The House has also put forward a bill to expand this transparency. Joe and Elie talk to Andrew Eisbrouch and Jesse Weber of the Guys Who Law podcast and the Law & Crime network. Law & Crime is dedicated to broadcasting live courtroom t...

Joe and Elie review the week that was in the Kavanaugh confirmation fight. Procedural fights! Threatened explusion! Giving false testimony to the Senate! Mysterious Kasowitz connections! After a wild week, will Brett Kavanaugh still have the votes to narrowly get confirmed to the Supreme Court? We'll just have to wait and find out. But the answer is yes.

Joe and Elie talk to Jason Cruz, a Seattle attorney and writer for MMA Payout covering the law and business side of MMA fighting. We discuss just how someone gets from a law degree to this world and walk through the lawsuit against Conor McGregor for throwing cans into the crowd. Elie also shares his theory for the unwritten social contract all sports fans should agree to and it's safe to say Elie...

Joe and Elie hit the road, coming to DC to ask some bar trivia questions to benefit the DC Bar Pro Bono Project. The winning score was 19/30... can you do better?

The Washington Post's Style section isn't normally where you'd go for your lawyerly insights, but last week they graced us with not one, but two legal stories. Joe Patrice and guest host Kathryn Rubino dive into Tiffany Trump's alleged law school woes and the hilariously grumpy life of Wachtell's George Conway as he navigates his days married to Kellyanne. There's also some Brett Kavanaugh talk, b...

As on-campus interviewing season begins, Joe and Elie welcome Vanderbilt Law School's Associate Director of Career Services Nick Alexiou to discuss the on-campus interviewing process. Learn to master the arcane art of speed dating with law firms and answering the difficult question, "why do you want to work here?". And the event details are here: https://www.eventbrite.com/e/trivia-challenge-at-il...

THE Ohio State University, as they prefer to be called, has commissioned a Biglaw firm to look into its head coach's handling of domestic abuse allegations against his staff. But what is an internal investigation? What exactly is it going to mean when Mary Jo White gets mentioned on ESPN? Joe and Elie give a quick, high-level rundown on the internal investigation process and Ohio State's situation...

Elie can't make it to today's podcast, so Joe goes on an extended rant about movies with legal mistakes in them that drive him crazy. If you've ever watched Jaws and thought the movie should have really followed a string of lawsuits to put Amity out of business, this is the episode for you.

After years of giving them a pass, the ABA is cracking down on flagging for-profit law schools that consistently produce few graduates with legal jobs while raking in huge bucks. But how did these schools manage to make it this far? Social anthropologist Dr. Riaz Tejani spent three years working at a for-profit law school and has compiled his research in LawMart: Justice, Access, And For-Profit La...

Barring some unforeseen parliamentary math, Judge Brett Kavanaugh of the DC Circuit will be the next associate justice of the Supreme Court. But as we come to the end of a whirlwind couple of weeks leading up to this announcement... did anything in we talked about matter? We all thought Kavanaugh was going to be the pick and after a ton of wild coverage Kavanaugh was still the pick. Joe and Elie d...

Police accused a Vinson & Elkins partner of fleeing the scene after swimming away from a boat crash — ostensibly to get help — that left a number of V&E partners injured and then disappearing for five hours. Is this a good use of prosecutorial resources?