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 ...
Jun 25, 2025•36 min•Season 1Ep. 420
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...
Jun 18, 2025•36 min•Season 1Ep. 419
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 L...
Jun 11, 2025•35 min•Season 1Ep. 418
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 t...
Jun 04, 2025•37 min•Season 1Ep. 417
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 f...
May 28, 2025•40 min•Season 1Ep. 416
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 dera...
May 21, 2025•42 min•Season 1Ep. 415
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...
May 14, 2025•36 min•Season 1Ep. 414
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 fir...
May 07, 2025•33 min•Season 1Ep. 413
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.
Apr 30, 2025•29 min•Season 1Ep. 412
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 admin...
Apr 23, 2025•34 min•Season 1Ep. 411
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. S...
Apr 16, 2025•40 min•Season 1Ep. 410
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 h...
Apr 09, 2025•32 min•Season 1Ep. 409
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 polic...
Apr 02, 2025•34 min•Season 1Ep. 408
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 inv...
Mar 26, 2025•31 min•Season 1Ep. 407
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 ...
Mar 19, 2025•36 min•Season 1Ep. 406
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?
Mar 12, 2025•33 min•Season 1Ep. 405
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.
Mar 05, 2025•36 min•Season 1Ep. 404
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 about canceling elections in case, maybe, some president might want to consider it. And a few law sch...
Feb 26, 2025•36 min•Season 1Ep. 403
'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 for impeachment when a judge imposes a TRO of less than a week and that doesn't bode well for when th...
Feb 19, 2025•37 min•Season 1Ep. 402
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 deep pocketed antagonists to squelch criticism by filing low merit suits. Also, a Biglaw firm quiet...
Feb 12, 2025•36 min•Season 1Ep. 401
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.
Feb 05, 2025•51 min
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 attendance. While we're at it... should lawyers rely on law firm bonuses anyway? And a professor gets di...
Jan 29, 2025•39 min•Season 1Ep. 399
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 rose has its thorn and Yale stares down on of the most epic downgrades in law school history.
Jan 22, 2025•35 min•Season 1Ep. 398
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 campaigning on... banning mandatory arbitration agreements. Finally, Wilson Sonsini hands out bon...
Jan 15, 2025•32 min•Season 1Ep. 397
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 of the Court should be seen as improper intimidation and even violence. Before the holidays, we dis...
Jan 08, 2025•37 min•Season 1Ep. 396
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 assert ownership of his likeness. And Judge James Ho walks back his prior support for birthright citiz...
Dec 26, 2024•37 min•Season 1Ep. 395
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" sounds ominous. ----- (00:00)Small Talk (02:15)Mysterious Drone Sightings (07:20)Lawyer Lunch Date (12:0...
Dec 18, 2024•31 min•Season 1Ep. 394
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 their proposed openings. And law school applications are up big time... and that's not good news fo...
Dec 11, 2024•36 min•Season 1Ep. 393
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 demolish him in rap battle. RICO claims? They really not like us. Finally, Jonathan Turley accused liber...
Dec 04, 2024•34 min•Season 1Ep. 392
'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, don't sleep on the TAIL of her fight over another family's dog. And, finally, we have an un-bear-a...
Nov 27, 2024•36 min•Season 1Ep. 391
