Above the Law - Thinking Like a Lawyer

Courage seems to be in short supply in Biglaw. ----- Paul Weiss folded immediately in the face of Trump's threat, offering the president pro bono services and a retreat from DEI. For a firm that built its reputation on litigation, the move came as a surprise. A Skadden associate called upon the industry to develop a backbone. So she's not going to be working there any more. There are a lot of dumb...

There's no escaping the administration's influence on the legal landscape. ----- The Trump administration continues its revenge tour against Biglaw, and Perkins Coie is fighting back. Through counsel at Williams & Connolly, Perkins delivered a scorching takedown of the administration's arbitrary retaliation against the firm, earning a partial TRO. Meanwhile, most of Biglaw remains silent. And if t...

ACB isn't having it. ----- Remember when Arrested Development made this a gag? John Roberts is living it out in real time as the president explains -- on national television -- that Roberts is a partisan hack. Amy Coney Barrett seems less excited about the prospect. Meanwhile, the administration is threatening law firms. The dean of one law school is stepping up. Also, what is this -- now former -...

And the new USNWR rankings are dealing with some crazy data. ----- We're not saying Diddy is an unsavory client, but we are saying Osama bin Laden's lawyer just noped out of continuing to represent him. We also got some limited insight into the US News rankings and there's some potential tumult at the top. And Judge Reyes had to blow up a hapless DOJ lawyer trying to defend the indefensible and th...

The new federal deficit is the government's research deficit. ----- Elon Musk's aimless cost-cutting escapades turn to the SEC where DOGE slashed their Westlaw access because no one over there is smart enough to know how legal research works. Apparently now is an opportune time to start committing securities fraud! Speaking of aimless, former judge Alex Kozinski penned a meandering opinion piece a...

'Nah, you do that' is not a response that keeps lawyers employed. ----- Imagine the audacity it takes for a rookie lawyer to refuse to do the work assigned by a midlevel or senior associate. And expect to keep their job? The story of a beleaguered midlevel asking for help with an unruly junior refusing to work has us wondering if the kids are not all right. Also the administration starts calling f...

And Biglaw begins adjusting to Trump era. ------ If United Healthcare considered spending more on a cancer patient and less on lawyers to sue doctors for pointing out they didn't spend on the cancer patient they wouldn't be getting so thoroughly dragged online. While the mockery they're getting is funny, this underscores the dangerous weaponization of defamation (and also copyright) laws, allowing...

Getting the band back together. ----- A jumbo sized episode this week as Thinking Like A Lawyer celebrates its 400th episode with a look back at some big changes in law firms, law schools, and the courts that have unfolded over its last 10 years of podcasting. Original co-host Elie Mystal from The Nation joins the gang to share his thoughts. He's not particularly optimistic.

Government lawyer purge creates chaos ----- Trump administration slashes jobs for young lawyers months before they officially start sparking a scramble for jobs. The Justice Department followed up that news by terminating career DOJ lawyers for the sin of having worked on Trump's criminal cases. One Biglaw firm informs its associates that they're not getting their full bonuses based on office atte...

You've got to know when to hold 'em. Know when to fold 'em. ------ Supreme Court litigator Tom Goldstein, co-founder of SCOTUSblog, is on the wrong side of the law facing a multi-count indictment related to the alleged fallout of a hard-core gambling lifestyle. All while routinely arguing multiple cases in front of the Supreme Court. Legen...wait for it...dary. Also Proskauer proves that every ros...

Attorneys yearn for the commute. ----- Sullivan & Cromwell are bringing attorneys back to the office five days a week. The stated reason is to mirror "normal business hours" which is a cruel joke in an abnormal business hour industry. Democratic Party superlawyer Marc Elias faces an uprising at his firm after staff proposed a mandatory arbitration agreement despite many of his top clients openly c...

Statutes are hard. ----- Apparently, Clarence Thomas just didn't understand how to read the nearly 50-year-old statute requiring him to report massively expensive gifts. That's the Judicial Conference's official take in a new letter to the Senate panel looking into the ethical cesspool. The letter becomes public just as Chief Justice Roberts releases his annual report asserting that most criticism...

A very jolly podcast. ----- It's a very special holiday episode of Thinking Like A Lawyer with three straight "Ho" stories. First, Hogan Lovells irks associates with a bonus announcement without matching the industry standard special bonuses. Meanwhile, law enforcement just can't help making Luigi Mangione look more like a sexy martyr and now someone claiming to be UnitedHealthcare is trying to as...

Bringing new meaning to the court's order. ----- Can lunch save professional civility? Almost assuredly not, but one judge is going to try. Partnership isn't what it used to be. Instead of long careers with equity ownership, partners are making lateral jumps with more frequency than ever. More out of the murder of a Kentucky judge earlier this year... "running a brothel out of that courtroom" soun...

Elon's got some thoughts on the judicial system. ----- Elon Musk says his AI will be able to deliver judicial opinions as soon as he feeds it "all" the cases. It will not, but his impulse sheds some light on a disturbing lack of respect for the rule of law. A pair of judges planning to take senior status as soon as Biden confirmed their successors have withdrawn their plans after the Senate sat on...

Get it? Combining two of the stories into one relevant title?  ----- A pregnant law student sought modest accommodations when finals came over her due date. The school rejected the request saying, "Motherhood is not for the Faint of Heart." It did not go over well with fellow students. Or alumni. Or faculty. Or pretty much anyone. Drake accused the music industry of conspiring to help Kendrick dem...

'Hey, please don't open this' is not a policy. ----- A law firm left its confidential internal documents with juicy information unprotected and was shocked, SHOCKED to find out attorneys read them. Pam Bondi is next at bat for the Attorney General job. While her decision to drop an official investigation into Trump University conveniently after he started supporting her will get a lot of attention...

Also... Matt Gaetz as Attorney General is something we have to contemplate? ----- The Federalist Society conference included a tour de force in rhetorical fallacy from the Fifth Circuit's Judge Edith Jones, suggesting that it's an attack on the "rule of law" to talk about court reform and that such criticism results in death threats! Very cool. Very judicial. We also have a disturbing story out of...

The race is on. ----- It's the most wonderful time of the year! Milbank continues to relish its role as the Pied Piper of Biglaw bonuses, once again jumping the traditional late November bonus announcement kickoff to set the bar for 2024 annual bonuses. We also learned that a number of firms make non-equity pay a share of the partnership expenses despite holding no equity. And one partner out ther...

That Governing Document Can't Stop Me Because I Can't Read! ----- Sammy Alito openly defies the Constitution with European knighthood. Chicago Law tapes classes but isn't interested in letting students actually use those recordings. Students are, unsurprisingly, pissed. Professor Richard Epstein brags about replacing scientists with judges. Yes, the same guy who said COVID would only kill 500 peop...

Also, Tiffany may be number 1 in his heart (she's not), but she's also not number 1 in her class. ----- Of all the iconic lines from Dr. Strangelove, maybe the best is "You can't fight in here. This is the War Room!" Recently, Harvard began punishing students (and faculty) for silent library protests while studying almost as though maintaining a "non-disruptive atmosphere" isn't the school's real...

The republican party of the 1990s must be turning over in its grave because the modern GOP is arguing teen pregnancy is a good thing. Equity partnership in Biglaw is a financial windfall, unless you're in the 10-30% of partners getting a compensation cut. And do you like messy, I mean MESSY, legal drama? The latest from the Texas bankruptcy court romantic scandal is eye popping.

From young attorneys to the Chief Justice, a lot of lawyers are dropping the ball. ----- We've got some young lawyers out there who don't understand the basics of professionalism and it runs a lot deeper than just lacking experience. That said, there are some experienced attorneys falling down on fulfilling a different set of professional obligations. Meanwhile, Chief Justice Roberts is apparently...

Why not? ----- Kathryn Mizelle was rated unqualified by the ABA and it shows. The Trump appointee just took it upon herself to rewrite the law despite acknowledging that higher courts have explicitly declined to do so. But she's a very special snowflake apparently. Law school rankings are primed for a major shuffle if we're to believe the available data. And... why do we need a new Matlock?

The majority of the Supreme Court keeps diluting bribery laws and Eric Adams had best hope they aren't done yet. ----- Eric Adams got indicted last week and quickly pulled out the big litigation guns to explain that the Supreme Court already said bribery was cool. Meanwhile, Jonathan Turley rushed to the embattled mayor's defense to explain why ACTUALLY it was way worse that AOC once wore a borrow...