Above the Law - Thinking Like a Lawyer

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 team who've made some... let's just say "interesting" strategic decisions.

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 investigation into sexual harassment allegations.

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.

This week, Joe chats with Dr. Pilar Escontrias, Donna Saadati-Soto, Efrain Hudnell, and Emily Croucher, co-founders of United for Diploma Privilege. Follow them @DiplomaPriv4All.

The Supreme Court year is finally over.

It was an eventful week in legal news, but the biggest story was definitely the St. Louis personal injury attorneys who pulled guns on protesters and why lawyers have special obligations to maintain professionalism at all times. All that and more of the major stories of the week.

A new account compiles the acts of racism that compound at Harvard Law School, but they could emanate from almost any law school. We take a look at this account and the response of law schools around the country to recent events, including one law school that's taking an aggressive anti-racism stance. Also, we discuss Neomi Rao's Michael Flynn opinion which left a lot to be desired as a work of professional legal writing.

A decidedly conservative Supreme Court made discrimination against the LGBTQ community illegal and then turned around and wiped out the Trump Administration's effort to cancel DACA. What was in the water last week? Joe and Kathryn break down why the opinions weren't nearly as revolutionary as the results they brought might make them seem.

With an independent report by a federal judge branding the Department of Justice "corrupt" this seems like a good time to revisit exactly how we got here. Your elderly aunt on Facebook has a lot to say about Michael Flynn and most of it is wrong. Joe and Kathryn unpack the case and also discuss the case of a lawyer who egged a judge's car.

As law firms struggle to demonstrate to clients and their own attorneys that they take societal ills seriously, Kathryn's starting to notice some patterns in the statements getting released. Meanwhile, Joe is covering the state bar exams, where many are continuing to insist on shoving hundreds of people into small rooms in July and making applicants sign away their rights for the privilege of exposing themselves to disease.

Lawyers are pulling guns over facemasks? That... seems excessive. But here we are staring into the COVID abyss again. Austerity measures continue throughout the industry, lawyers are getting edgy, and a new assault on "the law that built the internet" issues from the White House.

Joe speaks with David Ackert, host of The Market Leaders Podcast about the role of business development in the legal profession. Lawyers may not love the hustle, but it's the basis of a service industry and lawyers at every level have a role to play in building their future opportunities. And it's not just a challenge for attorneys -- firms need to build a culture that maximizes respect for attorney business development too.

Things are still closed down, which means we've not had an opportunity to haunt the halls of an event center with the usual legal community suspects for a while, so let's see what's going on out there. It's time to catch up with Keith Lee, founder of LawyerSmack, about the private community of lawyers he's built up over the years and the trends he's observed participating in these conversations with lawyers from all sectors coming together to connect.

Joe chats with Johnnie Nguyen, the National Chair of the ABA Law Student Division about the wide-ranging issues facing law students in the midst of the pandemic and how the ABA is addressing those concerns.

The legal industry can still get together to learn and socialize.

Trellis is turning the state court system into something lawyers can really use.

A lot has changed since the middle of March.

Long pay cycles aren't just a problem for outside counsel.

The power of flexibility.

Joe and Kathryn check in from the Above the Law bunker to discuss law schools and the virus. While many schools quickly adopted pass/fail grading options others have held out, hoping to maintain some sense of normalcy. Are there really employers who will look back at Spring 2020 grades and think they're informative?

Since we last spoke, this guest has leveled up.

Joe chats with Adam Balinski, founder of Crushendo, a test prep program focused on maximizing human memory. Auditory courses with a strong emphasis on tried and true memory hacks like location association and mnemonic devices, all worked into short, repeatable episodes you can listen to while going about your day.

Joe welcomes back Jason Cruz from our earlier "Step Inside The Octagon" episode to discuss his new book "Mixed Martial Arts and the Law". From antitrust to labor law to performance enhancing drugs, there's a lot more law going into this sport than you might expect for a cage match where people kick each other in the face.

Dealing with thousands of documents presents a lot of challenges.

Discussing Iowa and the challenges to American democracy.

After taking the spotlight in the impeachment trial... should we have all seen this coming?

Checking in on Elie after a solid week of watching wall to wall impeachment coverage and the wear of the marathon coverage is starting to show. There's not much "legal" about this trial, but we're going to parse through what we can. We also talk a little about Tulsi Gabbard's high stakes defamation suit against Hillary Clinton for calling the Hawaii representative a Russian asset. As a lawsuit it may not come together, but does Gabbard have a moral point?

Joe and Elie chat with Edelson PC about the tech-oriented plaintiff and class action firm's work from protecting biometric privacy rights to addressing sexual misconduct in youth sports with partner Chris Dore and associates Aaron Lawson and Sydney Janzen.

More and more firms are adopting a non-equity partner tier, delaying equity consideration while extracting maximum value from high billing but relatively lowly paid senior attorneys tied to the job by the dangling hope of a future promotion that may never arrive.

With the 2010s wrapping up, Joe and Kathryn focus on all the law firms we've lost over the last decade. Industry pressures, bad strategies, and fraud allegations managed to put several former mainstays to rest over the last 10 years. What lessons can we take from the demise of these once-proud firms? Where is this whole profession heading? Will this next recession finish off what 2009 started?

To close out the year, Joe runs down the top 10 stories of the year at Above the Law. Are there key insights or interesting trends to be gained from reviewing the site’s traffic figures? Probably not, but here we are.

The president of the United States was impeached for only the third time in history. Let the obscure legal theorizing begin! Joe and Elie break down the curious argument that the House doesn’t even need to hand over the articles.

It's bonus season in Biglaw, and the major firms are slowly but surely rolling out their bonus announcements and telling associates what they'll be getting in their stockings this year. But Elie sees a bit of a Scrooge in the early first move and slow matching cycle. What's going on with the legal market and are we really looking at a recession in the making?

The "practice-ready" law school model is oft-discussed and rarely implemented, but maybe technology will finally force law schools to focus on teaching practical skills. Joe and Kathryn chat with Jessica Robinson, Vice President of Client Services at Casepoint about the maturation of the eDiscovery process, the project management lessons that fuel effective discovery, and the importance of learning the theory of discovery before entering an increasingly automating practice.

Mark Godsey discusses his conversion to an advocate for the wrongfully convicted and his grasp of the psychology that consistently lands the wrong people in prison.

With Kavanaugh's arrival, the last Term provided a glimpse of the fully armed and operational Roberts Court.

Joe and Elie chat with Rich Douglas, COO of Themis, about the bar exam and how to conquer it. Rich also tells us about the Themis Law School Essentials program of free review materials for law school courses and we discuss the impact the GRE is going to have on law school admissions.

With Veteran's Day this week, we decided to focus on a group that faces professional hurdles that most lawyers don't. Attorneys married into the military find themselves moving around the country or overseas every couple of years, which presents a problem in a practice still largely geographically fixed.

There's a bird loose in the Harvard Law School library, prompting Joe and Elie to have an impromptu debate over whether or not libraries are still essential in a world of digital research. Speaking of the internet, Deadspin's entire staff resigned last week and the duo discuss the legal and policy implications of the blogosphere's loss. Labor law, private equity business models, the bankruptcy code... it's all involved in the otherwise straightforward demise of a venerable publication.

This week's discussion of law firm growth trajectories never gets to happen as Elie's irritation with Trump's lawyers spills into the entire show. Becoming a bag man for the Ukraine deal raises ethical concerns, but is merely representing Trump an ethical problem? More to the point, is it something bar disciplinary committees should really be looking into?

With offers for summer employment going out to law students around the country, Thinking Like A Lawyer unveils its annual "The Offer" series. If you're wondering which of your offers you should take, Joe and Elie are happy to anonymously discuss them. Just send them to [email protected] subject line "The Offer." In the meantime, here are some general thoughts on the job hunt process.

Joe and Elie discuss the in-house world. Lawyers and law students often daydream about what they perceive as the cushy world of going in-house. But these lawyers face their own challenges. A recent comprehensive survey of corporate legal departments reveals confusion over privacy requirements and complaints over outside counsel costs.

Joe and Kathryn have a spontaneous chat about lawyers on television. From game shows to reality competitions, lawyers were all over the place last week. In a sense though, aren't these shows metaphors for the legal profession? No, they're probably not -- but that's not going to stop us from trying to explain how they might be.

Brazil has officially made a cat an attorney and this week Kathryn and Joe explore the feline's new career serving as both legal mascot and a symbolic advocate for animal legal concerns in the country. Meanwhile, Elie tries to speculate about impeachment and mostly fails because who cares about hearings that haven't even started yet when there's A LAWYER CAT TO TALK ABOUT!

Joe and Elie are joined by Alaric Dearment of MedCity News to discuss the legal framework surrounding the opioid lawsuits. How does something like this become a stunning breakdown of regulation in the face of industry greed? This is your overview.

Joe and Kathryn discuss the top stories of the week at Above the Law including the rise and fall of Judge Posner's pro se organization, Weil Gotshal's cafeteria cold shoulder, and the California Bar's good news. Plus we talk a bit about Emory's struggles with racial slurs. Just another week in the annals of the legal industry.