Podcast
Above the Law - Thinking Like a Lawyer
Hosted by Legal Talk Network · EN
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.
29episodes
Episodes
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Judge Orders Law Firm To Write Lesson On How Not To Be Naughty Lawyers
2w ago00:29:24Tap to summarizeAnd the Federal Circuit's Schoolhouse Rock moment is as damning as it is embarrassing. ----- Quinn Emanuel earned $3 million in sanctions from Judge Edward Chen, who described a "deeply disturbing" culture of lawyering. But worse, the judge ordered the team involved to complete an 8-hour ethics course that the firm itself must design. The Federal Circuit decided to put together a bizarre theme song and music video for themselves. Along the way, they managed to double down on their shadow impeachment of Judge Pauline Newman by erasing the still active judge from the video. New York has a long history of abusing pregnant women in custody and now we've learned that the courts arraigned a woman while she gave birth in the courtroom -- while she may or may not have been handcuffed.
Transcribe →Don't Let The Client Write The Brief As A Treat
3w ago00:29:14Tap to summarizeMore on Biglaw's insider trading scandal and a rare feel good story. ----- We keep learning more from Biglaw's insider trading scandal, with the identity of the Wachtell co-conspirator revealed. How did this scheme succeed for so long? The Department of Justice continued its battle to allow Trump to unilaterally rip up national monuments with another barely coherent brief. They may say "the customer is always right," but when it comes to litigation, turning over the briefing to the client can present serious ethical issues. Which might be why this DOJ is fighting so hard to punish disciplinary authorities for seeking to enforce ethical rules against government lawyers. And one prestigious litigation firm earns praise from the judge for allowing a young associate to take on key responsibility.
Transcribe →Stealth Layoffs And Sam Alito On Tilt
4w ago00:33:43Tap to summarizeAlso a major insider trading case strikes Biglaw. ----- The legal industry as a whole continues to rake in cash, but a few firms have shown signs of trouble. Reports out of Paul Weiss bear all the hallmarks of a stealth layoff, with litigation associates being let go for "performance" issues that never came up before. Meanwhile, a recent megamerger firm found itself cutting back on supposed redundancies. The Supreme Court set out to obliterate what’s left of voting rights, and along the way Sam Alito managed to cite fake facts and throw a temper tantrum at Justice Jackson. Also, the DOJ announced breaking up a major insider trading scheme involving multiple Biglaw firms.
Transcribe →Are There Any Adults Left At The Department Of Justice?
May 600:29:37Tap to summarizeComey snaps sea shells by the sea shore. ----- A once-venerable institution, the Department of Justice is in disarray these days. The Attorney General got fired, multiple U.S. Attorneys have been booted as illegally appointed, judges have started doling out contempt charges, and Kash Patel is being openly branded J. Edgar Boozer. It got worse last week, as government lawyers filed a brief that -- it seemed -- they handed over to Donald Trump to write in the form of a Truth Social post. With rampant grammatical errors, irrelevant tangents, and all caps tirades, it read more pro se than DOJ. Meanwhile, over in the ironically named Civil Rights Division, they're filing briefs with "DRAFT" watermarks because apparently quality control is woke. This is all before we deal with the government filing federal criminal charges against Jim Comey over a picture of sea shells. At least one corner of legal still does work they can be proud of, as a Skadden partner leaves to become GC of OnlyFans.
Transcribe →Kash Patel's Terrible, Horrible, No Good, Very Bad Week
Apr 2900:34:53Tap to summarizeThe Atlantic published an article based on multiple insider accounts describing low morale at the FBI, citing current director Kash Patel's drinking and frequent absences. Patel promised swift legal retaliation and made good with an underwhelming $250 million defamation complaint. Amidst this scandal, Patel took to the stage with Acting AG Todd Blanche to announce criminal charges against the Southern Poverty Law Center and, by extension, tell hate groups that the Trump administration has their backs. As a distraction tactic, the announcement flopped because Patel spent the press conference undermining his own defamation case. On top of this, the no one at the DOJ bothered to double-check the charging documents, because the indictment fails to allege a whole element. In non-DOJ news, Sullivan & Cromwell sent a letter to the court apologizing for filing a number of documents with AI hallucinations.
Transcribe →Law Firms Are Drowning In Cash. Trump's PAC Is Drowning In Legal Bills.
Apr 2200:32:56Tap to summarizeAnd is Alito really going to retire? ----- The 2026 Super Rich list has 37 firms clearing $1.45M RPL and $625K PPL thresholds after Am Law had to raise because last year's bar was too easy. Then Kirkland proved what super rich really means by dropping a guaranteed $80M over three years to snatch a star lawyer from Wachtell. The PAC Trump uses to pay lawyers is nearly $500K in the red and owes roughly $1.6M to 12 firms. When will lawyers learn that he's never going to pay his bills... at least with money. Will Sam Alito retire to cheer on insurrections as a private citizen? If he does, Senate Republicans are ready to embrace the hypocrisy and ram through a replacement. Could it be Ted Cruz?
Transcribe →Rankings Drama Hits Law Schools, Law Firms
Apr 1500:34:10Tap to summarizeAnd a crazy billing story. ----- It's that time of year where publications look deep into the souls of complex, nuanced legal institutions and assign them a fixed ranking. U.S. News and World Report issued its latest law school rankings and for the first time ever, Yale has lost its death grip on first place. The rest of the T14 -- which isn't really a thing at this point, since its whole argument for being was that the same 14 schools never fell out of the top 14 -- is also topsy-turvy, with the HYS-CCN model scrambled by the likes of Penn, Duke, and UVA. Are the rankings just busted, or are they catching up with a new reality? At the same time, Vault put out its rankings of law firms based on prestige and while the list looks familiar, the firms that made deals with Donald Trump took a hit. And none more than Paul Weiss, which seems to be taking much more reputational heat for these deals than the other capitulators. Finally, we talk about billing and the time-space continuum.
Transcribe →Trump's Awful No Good Day At The Supreme Court
Apr 800:31:06Tap to summarizeAnd Pam Bondi earned a pink slip. ----- The Supreme Court heard oral argument on Trump's effort to erase birthright citizenship from the Constitution via executive order, and it went as poorly for the administration as expected. But that didn't deter Trump from taking the unprecedented step of attending the argument personally. The president didn't last the whole time though, heading for the exit mid-proceeding as it became clear that his Solicitor General was getting boatraced by the competition. Afterward, the graduates of the Twitter School of Law ran to their computers to complain about Justice Jackson because... racism. Meanwhile, a Texas judge earns viral infamy for sniping at an IT worker and then doubled down on arrogance. And the Attorney General got canned.
Transcribe →Afroman And Elon Had Very Different Trial Experiences
Mar 2500:30:44Tap to summarizeAnd the DOJ had an atrocious week. ------ Rapper turned First Amendment hero Afroman took his frustration over a heavy-handed police raid on his Ohio home and turned it into music. When the officers sued him for millions for hurting their feelings, a jury told them to take their $3.9 million demand and pound it like lemon pound cake. Unfortunately, what happened to Afroman happens all the time in America and there's not a lot being done to stop it. Meanwhile, the Department of Justice had a rough week, catching headlines for lowering hiring standards and running interference to protect Jeffrey Epstein's accomplices. That's before a judge literally tossed a DOJ lawyer from the courtroom over the U.S. Attorney's Office operating without any legal oversight. And Elon Musk went into court to argue that he wasn't fraudulent, he's just stupid. Jurors decided it's possible to be both.
Transcribe →AI Hallucinations And Judicial Derangements
Mar 1800:37:05Tap to summarizeAnd Legalweek talk. ------ It was Legalweek last week, and we discuss the big happenings from the show -- which is pretty much all AI talk -- but while we saw splashy product announcements about the future of working as a lawyer within an AI-enhanced workflow, an assistant U.S. Attorney got bounced from the job for letting AI run too much of the workflow. But the most imaginative large language models wouldn't have predicted opening a federal judicial opinion with the phrase "swinging dicks." That takes a special level of deranged that's pure Judge Lawrence VanDyke. The certified non-qualified occupant of a Ninth Circuit seat kicked off an official taxpayer funded rant about wokeness framed as vulgar trolling to appeal to the White House. His colleagues -- most of them anyway -- issued a plea for decorum, that went basically nowhere.
Transcribe →