Above the Law - Thinking Like a Lawyer

3.9 (438)
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UPDATED WEEKLY

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.

4D AGO

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?

33 min
MAR 5

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.

36 min
FEB 26

Who Needs Caselaw Anyway?

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 schools quietly reworked their websites to remove diversity language. They probably won't be the last.

36 min
FEB 19

Someone Needs To Come Get These Junior Associates

'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 they start losing real injunctions. And is there any legal question simpler than "the Twenty-Second Amendment limits presidents to two terms"?

37 min
FEB 12

Insurer Spending On Lawyers Rather Than, You Know, Healthcare

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 quietly scrubbed its website of a lot of its "diversity" language as the government steps up threats against private companies. And the ABA thinks the Supreme Court needs ethical rules. Chapters 0:00 Small Talk 9:50 UnitedHealthcare 15:46 DEI 21:03 Top Law Firm Representing Trump 23:47 ABA’s Stance on Supreme Court Ethics

36 min
FEB 5

400th Episode Spectacular

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.

51 min
JAN 29

First Thing We Do, Let's Fire All The Lawyers

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 disciplined for political comments raising the debate: what exactly constitutes a violation of academic freedom?

39 min
JAN 22

Tom Goldstein Should've Stuck With High Stakes Go Fish

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.

35 min

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3.9

out of 5

438 Ratings

More Elie , please!

Feb 5

Geek7

Good topics, funny-ish hosts, nice succinct format. Buuuuut, can we get more guest appearances from Elie Mystal. Please and thank you 🙃
Best legal podcast in the time of doom and gloom

4d ago

Мария М & Я

Love what you do! Every episode gives me chuckles and/or puts a smile on my face.
Great Hosts!

Mar 6

kms_23

My favorite part of this show is the dynamic between the hosts. Joe, Chris, and Kathryn are hilarious and entertaining, especially when they’re giving Joe a hard time about talking about work during the ‘small talk’ segment. Such a fun show!
Love the show but

07/08/2024

AskingTheFan

Wish Joe would be a little more playful in the banter. He’s kinda a downer and it takes away from the pep that the other two bring to the show.

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.