Above the Law - Thinking Like a Lawyer

Who needs a judge's approval to start ranting in court? Every other person ever, you say?___________________________________________________Donald Trump's legal team informed Justice Arthur Engoron that their client would deliver closing remarks in violation of basic New York rules, setting off a series of decreasingly coherent emails with the judge over Trump's willingness to abide by the constraints of a closing argument. He was not willing to... but he went ahead and did it anyway. Meanwhile, Slaughter & May joined the ranks of firms trying to crack down on lawyers ducking the office using all its surveillance powers and another firm that announced matching bonuses has instituted a retroactive hours requirement to bait and switch its attorneys.

Maybe GPT-5 will want a free RV?_______________________________________________The Chief spent his entire annual report on the federal judiciary on the rise of artificial intelligence and how AI cannot possibly replace judges because the judge is so much harder and more nuanced than, say, calling balls and strikes. Not that anyone would be stupid enough to describe being a judge like that. Steven Calabresi has either lost his mind or is engaged in an epic troll with a series of pieces arguing that Clarence Thomas is the bestest and most incorruptible justice ever! Finally, plagiarism is all over the news for mostly bad faith reasons, but it highlights again that the law isn't easily governed by rules of plagiarism and copying by design.

The highs and mostly lows from the year that was.__________________________________________As we turn the page to 2024, we reminisce over the top stories at Above the Law over the past year. Layoffs, salary hikes, ethical quagmires at the Supreme Court, Donald Trump's criminal cases... the legal industry provided a lot of fodder for Above the Law this past year. Join Thinking Like A Lawyer as we discuss all the big stories of the year and ask the question: can it get any worse than this year? (Hint: it can).

Law firms may hem and haw about raises, but they're still doing more than all right for themselves. Rudy's defamation trial did not go well. Before the latest development in the case, we talked about Michael Cohen's fake case brief and the implications of legal technology on criminal justice.

No one wants to admit weakness, but K&L Gates trying to put a smiling face on layoffs left a lot of observers cold. Meanwhile, Stephen Miller is mongering about a conspiracy to make Taylor Swift famous that somehow doesn't revolve around her talent. And Joshua Wright has brought a lawsuit against ASS Law despite still failing to understand that his problems are all in the mirror.

Law firms have been announcing raises for senior associates, sparking discussions about the future of Biglaw. The controversy over a law professor inviting a white nationalist back to campus is also explored. Additionally, a new lawsuit involving Trump lawyer Alina Habba raises ethical considerations.

Elon Musk files a facially ludicrous lawsuit and Trump argues that sexual assault doesn't count on airplanes_____________After promising a thermonuclear lawsuit against Media Matters, Elon Musk showed up to court with a string of claims that would fail under his own recitation of facts. Meanwhile, Donald Trump takes aim at the Federal Rules of Evidence in a bid to undermine the E. Jean Carroll case and Stephen Miller goes after Macy's in a cheap publicity stunt.

In this podcast, they discuss Donald Trump's failed mistrial motion, where he complained about their humorous articles. They also talk about Ron DeSantis and the financial consequences of his actions. Additionally, they cover the topic of law firms' compensation increases and discuss the reasons behind other firms not matching Millbank's raise.

The podcast discusses the lack of firms matching Milbank's raises, Cravath's introduction of a second partnership tier, and the controversy surrounding Nixon Peabody's attempt to represent Donald Trump. They also explore tax incentives for unreleased movies and the impact of unmatched raises on the legal industry.

Former president Donald Trump joins the podcast as a guest. They discuss the controversy of big law firms representing clients like Trump and the recruitment challenges they face. They also touch on pardons, courtroom sketches, AI in the courtroom, and anti-Semitism in law schools.