Home
Categories
EXPLORE
True Crime
Comedy
Society & Culture
Business
History
Technology
News
About Us
Contact Us
Copyright
© 2024 PodJoint
Loading...
0:00 / 0:00
Podjoint Logo
US
Sign in

or

Don't have an account?
Sign up
Forgot password
https://is1-ssl.mzstatic.com/image/thumb/Podcasts211/v4/74/bf/f3/74bff358-1164-28b8-d6de-8724d7253059/mza_15608126496301502170.jpg/600x600bb.jpg
Above the Law - Thinking Like a Lawyer
Legal Talk Network
423 episodes
4 days ago
Thinking Like A Lawyer is a podcast featuring Above the Law's Joe Patrice, Kathryn Rubino, and Chris Williams. Each episode, the hosts will take a topic experienced and enjoyed by regular people, and shine it through the prism of a legal framework. This will either reveal an awesome rainbow of thought, or a disorienting kaleidoscope of issues. Either way, it should be fun.
Show more...
Business News
Business,
Careers,
News,
Politics
RSS
All content for Above the Law - Thinking Like a Lawyer is the property of Legal Talk Network and is served directly from their servers with no modification, redirects, or rehosting. The podcast is not affiliated with or endorsed by Podjoint in any way.
Thinking Like A Lawyer is a podcast featuring Above the Law's Joe Patrice, Kathryn Rubino, and Chris Williams. Each episode, the hosts will take a topic experienced and enjoyed by regular people, and shine it through the prism of a legal framework. This will either reveal an awesome rainbow of thought, or a disorienting kaleidoscope of issues. Either way, it should be fun.
Show more...
Business News
Business,
Careers,
News,
Politics
Episodes (20/423)
Above the Law - Thinking Like a Lawyer
Who Knew Biting Other Lawyers Was Frowned Upon?
Lots to chew on this week. ----- Biglaw summer associate let go after biting upwards of 15 people at the firm. Now that sounds crazy, but that's because it is. We also discuss a lawyer's biting response to a demand letter. A lot of the professional decorum advocates objected to the tone, but at a certain point how does the profession pushback against aggressive and unfounded demands without public shaming? There's not another readily accessible disincentive. Finally, we address the gnashing of teeth in conservative media ecosphere over Superman being an immigrant and the knots they're willing to tie themselves into in order to avoid the obvious.
Show more...
1 day ago
40 minutes

Above the Law - Thinking Like a Lawyer
The Hallucinations Are Winning
Law firm mergers and John Roberts brags for the crowd. ----- Has the era of the mid-sized firm come to an end? Probably not, but with increasing nationalization and the financial pressures that go along with it, mid-sized firms are consolidating and a valuable segment (and price point!) may be lost. Lawyers have faced a steady stream of sanctions for citing fake cases generated by AI, but now a judge officially blessed an order based on AI-hallucinated cases as a critical firewall in the war against machine slop is breached. While AI holds out promise for access to justice, the risk of a lawless free-for-all looms. Speaking of lawless free-for-alls, the Chief Justice explains that he doesn't care about substantive criticism of the Court because he has votes and the critics don't.
Show more...
1 week ago
42 minutes

Above the Law - Thinking Like a Lawyer
Supreme Court A Hot Mess
The Term ended with a whole lot of nonsense. ----- Taking a sledgehammer where a chisel -- or better yet nothing -- would do, the Supreme Court nixed injunctions it didn't like by striking down the power to issue universal injunctions totally and addressed schools teaching that gay people exist by expanding strict scrutiny to parents lodging religious complaints. But at least they whined and took swipes at each other over it! Meanwhile, Justice Sonia Sotomayor figured out that if the majority wants to hide their rulings, the dissent can characterize them on their own. Also, the University of Florida Law School gave a top prize to a paper advocating a Whites-Only Constitution. The professor? Trump-appointed federal judge. The school's effort to explain itself left a lot to be desired.
Show more...
2 weeks ago
40 minutes

Above the Law - Thinking Like a Lawyer
You Catch More Judges With 'Honey' Than With Vinegar
And the Supreme Court has a wild one. ----- Except those judges aren't going to like it when you catch them. Like the poor lawyer here who called a judge "honey" during oral argument and entered a spiral of no return. We also had a dramatic week at the Supreme Court, with Justice Gorsuch trying to start something with Justice Jackson and Justice Jackson shutting it right down, and Sam Alito using his concurrence to complain that the transgender care ban is an act of discrimination... and the he wants the Court to be more proud of it. And Vault put out its law firm prestige rankings. Hopefully nothing went down immediately after their survey that radically changed how people perceive the firms!
Show more...
3 weeks ago
36 minutes

Above the Law - Thinking Like a Lawyer
The Jerkstore Called, They're Not Running Out Of Lawyers
Also, the role of bar associations in 2025. ----- According to a new survey, lawyers think their law firms are really tolerant of jerks. Are they right about that, or just overly sensitive? The DC Bar election ended in a blowout, but why? For all the complaining about some wild theories on social media, the simpler reason is that leading a bar association in 2025 means standing up to the administration and Pam Bondi's brother never convinced the members that he'd be able to do that. In fact, the right-wing fear of strong bar associations has gotten so serious that the Florida supreme court actively kneecapped their state bar. And we talk about attending David Lat's Original Jurisdiction party, which you should also be reading.
Show more...
4 weeks ago
35 minutes

Above the Law - Thinking Like a Lawyer
So Long And Thanks For All The Bonuses
Caving law firms experience exodus. ----- Paul Weiss fancied itself clever when it offered Trump pro bono payola in exchange for dropping an illegal executive order. Instead it keeps hemorrhaging senior lawyers with more departing to join the recent rainmaker spinoff and associates reportedly high on the new firm's wish list. While litigators are largely driving defections from surrender firms, at what point does a hollowed out litigation department start to impact the firm as a whole? Harvard Law Review found itself harassed by the government and it looks like the reason might be a snitch burrowed into the White House. And the one-track partnership model took more hits with Ropes & Gray and Debevoise agreeing to add non-equity tiers.
Show more...
1 month ago
35 minutes

Above the Law - Thinking Like a Lawyer
Sex Asteroids, Sleazebags, And Meme Police
Quite the combination of words. ----- Lawsuit against former Texas SG alleges bizarre cosmic sex fetish. The administration made two significant changes to the judicial nomination process, firing the ABA from its neutral evaluator role and kicking the Federalist Society to the curb. The latter move came with an epic rant declaring Leonard Leo a sleazebag. Broken clocks and all. And Kash Patel lays out the FBI's priorities and child predators and terrorists are now lower on the most wanted list than, "your neighbor who posted an 8647 joke."
Show more...
1 month ago
37 minutes

Above the Law - Thinking Like a Lawyer
Supreme Court Just Making It Up As It Goes Along
From the administrative state to voting rights, they're just sort of winging it trying to reverse engineer results. ----- As Supreme Court season hits fever pitch, we're joined by Professor Leah Litman, author of Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes, to discuss the nightmare we're facing. Elena Kagan took the opportunity to humiliate her colleagues last week calling out an arbitrary carve out created to protect their investments. Kagan's frustration seems to be growing down the stretch, having just eviscerated the government in the birthright citizenship case. Meanwhile, Kristi Noem failed introductory constitutional law in front of the Senate, flailing as she tried to define habeas corpus.
Show more...
1 month ago
40 minutes

Above the Law - Thinking Like a Lawyer
Are Those Seashells In Your Pocket Or Are You Just Threatening An Assassination?
Seashellgate meets Surrendergate. ----- Since we're cursed to act as keepers of the flame to remind the legal community that several large law firms really did willingly sell out to the Trump administration, this week we discuss our columnist Vivia Chen's exploration of the unique impact of these moves on young lawyers learning early that Biglaw is more than happy to throw them under the bus. We also discuss how James Comey's Instagram pic triggered a tragicomic meltdown of some of the most deranged people on the internet ranting about seashells as a subliminal assassination threat worthy of John Wilkes Squarepants. Unfortunately, some of those internet denizens are also running federal law enforcement. And we conduct a lightning round of quirky Am Law 100 financial facts that will make you appreciate that you took some time off last year.
Show more...
1 month ago
41 minutes

Above the Law - Thinking Like a Lawyer
Bold Strategy Biglaw, Let's See If It Pays Off
What if we just act like nothing happened? ----- Biglaw firms who gave in to Trump suffered a scathing 60 Minutes piece and key talent defections, so they've decided upon a new tactic: pretending they never made a deal at all! It does not appear to be working. Meanwhile, Justice David Souter died reminding everyone of an era when the federal judiciary cared more about the right answer than appeasing political patrons. Unfortunately, Souter's nomination inadvertently triggered that change. And we have a Biglaw merging in the offing that hopes to create a new $2B firm.
Show more...
2 months ago
35 minutes

Above the Law - Thinking Like a Lawyer
Biglaw Firms Fighting Trump Keep Winning, Capitulators Keep Losing
It was a bad week to compromise your values. ----- Perkins Coie secured a permanent injunction against the Trump administration's retaliatory executive order. Meanwhile, firms that balked at putting up a fight against the illegal attacks have seen the White House drag them into police brutality cases and law schools start openly talking about students taking their talents elsewhere. And then the harshest cut of all -- a deep pocketed client bailed on a collaborator firm to give business to a firm standing up to Trump. Who could've predicted except anyone who ever watched Star Wars. Also we talk about California's latest bar exam debacle and the White House's threat against Amal Clooney.
Show more...
2 months ago
33 minutes

Above the Law - Thinking Like a Lawyer
Even Judges Aren't Safe In Trump's America
The arrest of Wisconsin judge Hannah Dugan is straight outta dystopian fiction. But at least retired Supreme Court Justice Stephen Breyer still has faith in the system, which makes one of us. Speaking of the High Court, Justice Sam Alito's dissent would be laughable if he weren't so powerful.
Show more...
2 months ago
29 minutes

Above the Law - Thinking Like a Lawyer
Biglaw Brings In Big Bucks
And the world continues to melt. ----- We've got key financial data from the top law firms and the takeaway is that it's good to be a big firm. The Am Law 100 this year revealed that more and more firms have joined the super rich and things look bright for Biglaw. Unless someone triggers a global depression or something. We also discuss what it means to be "bipartisan" in an environment where the intellectual stars of the conservative legal movement are ALSO lining up to call out the Trump administration as a threat to the rule of law. Finally, we flag a troubling law school story about scholarships getting cut when admissions gets blindsided by applications.
Show more...
2 months ago
34 minutes

Above the Law - Thinking Like a Lawyer
Law School Ranking Chaos And Biglaw Trump Deals Turn Sour
US News and World Report released its most recent law school rankings with a side of chaos, but the big takeaway is the scrambling and erosion of the "T14" as an organizing concept. Is it time to dismiss the rankings as arbitrary? At least until law schools agree to cooperate again. Also, Surrendergate continues and the "we'll do some pro bono for veterans" deal has turned dramatically, with the White House now claiming the authority to "assign" Biglaw firms to work on administration projects. Sound familiar? Along the way, firms are starting to lose senior lawyers fulfilling critical firm roles while the most recent defectors alienate the overwhelming majority of their team. Finally, the Supreme Court has issued some unanimous rebukes in defense of due process and the administration does not seem to care.
Show more...
3 months ago
39 minutes

Above the Law - Thinking Like a Lawyer
Biglaw Surrender Fallout Continues
And now we have a tracker for that! ----- After a few weeks of watching some law firms stand up to facially illegal demands from the Trump administration... and more law firms rapidly cave to those same demands, we put together a helpful tracker to keep clients, potential laterals, and law students fully aware of where firms currently stand. But we depend on you out there to keep us up-to-date! Meanwhile, more associates have taken a stand against their surrendering firms and some law students have already told the firm recruiting events that they aren't interested in firms that can't stand up for themselves. Also the February bar exam numbers were terrible.
Show more...
3 months ago
32 minutes

Above the Law - Thinking Like a Lawyer
Fight Or Flight... The Biglaw Conundrum
A great divide is developing. ----- Following the Paul Weiss surrender we discussed last week, Skadden preemptively followed suit agreeing to commit $100M in pro bono payola to the MAGA cause. Bringing to light some embarrassing email policies in the process. But other Biglaw firms showed a little more life, with Jenner & Block and WilmerHale suing the administration over its retaliatory executive orders. And a major firm announced an end to on-campus recruiting, which seems like a bad policy for both students and the firm.  
Show more...
3 months ago
33 minutes

Above the Law - Thinking Like a Lawyer
Paul Weiss Waves The White Flag
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 things about the administration's mass deportation to an El Salvadoran prison, but its unironic inversion of the burden of proof is definitely the scariest.
Show more...
3 months ago
31 minutes

Above the Law - Thinking Like a Lawyer
Biglaw Struggling To Deal With Trump Chaos
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 they aren't silent, they're silently deleting references to diversity, including a clumsy effort that autodeleted pronouns from email signatures. And "Stop the Steal" lawyer turned interim US Attorney Ed Martin has his first ethics complaint on the job he hasn't even really started.
Show more...
4 months ago
35 minutes

Above the Law - Thinking Like a Lawyer
John Roberts Realizes He Made A Huge Mistake
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 -- partner doing?
Show more...
4 months ago
33 minutes

Above the Law - Thinking Like a Lawyer
Diddy Lawyer Decides He Gotta Move On
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 the Trump administration displayed its inner snowflake.
Show more...
4 months ago
36 minutes

Above the Law - Thinking Like a Lawyer
Thinking Like A Lawyer is a podcast featuring Above the Law's Joe Patrice, Kathryn Rubino, and Chris Williams. Each episode, the hosts will take a topic experienced and enjoyed by regular people, and shine it through the prism of a legal framework. This will either reveal an awesome rainbow of thought, or a disorienting kaleidoscope of issues. Either way, it should be fun.