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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.
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The One Thing That Might Force Law Schools To Be More Practical

The One Thing That Might Force Law Schools To Be More Practical

The "practice-ready" law school model is oft-discussed and rarely implemented, but maybe technology will finally force law schools to focus on teaching practical skills. Joe and Kathryn chat with Jessica Robinson, Vice President of Client Services at Casepoint about the maturation of the eDiscovery process, the project management lessons that fuel effective discovery, and the importance of learning the theory of discovery before entering an increasingly automating practice.
26:0910/12/2019
Fighting For The Innocent (Rebroadcast)

Fighting For The Innocent (Rebroadcast)

Mark Godsey discusses his conversion to an advocate for the wrongfully convicted and his grasp of the psychology that consistently lands the wrong people in prison.
30:1403/12/2019
The Roberts Court Is Here

The Roberts Court Is Here

With Kavanaugh's arrival, the last Term provided a glimpse of the fully armed and operational Roberts Court.
35:2826/11/2019
Preparing For The Bar Exam -- The Last Test You'll Ever Take

Preparing For The Bar Exam -- The Last Test You'll Ever Take

Joe and Elie chat with Rich Douglas, COO of Themis, about the bar exam and how to conquer it. Rich also tells us about the Themis Law School Essentials program of free review materials for law school courses and we discuss the impact the GRE is going to have on law school admissions.
35:0819/11/2019
Making The Profession Work For Military Spouses

Making The Profession Work For Military Spouses

With Veteran's Day this week, we decided to focus on a group that faces professional hurdles that most lawyers don't. Attorneys married into the military find themselves moving around the country or overseas every couple of years, which presents a problem in a practice still largely geographically fixed.
20:3312/11/2019
Birds, Books, And Blogs. Oh My!

Birds, Books, And Blogs. Oh My!

There's a bird loose in the Harvard Law School library, prompting Joe and Elie to have an impromptu debate over whether or not libraries are still essential in a world of digital research. Speaking of the internet, Deadspin's entire staff resigned last week and the duo discuss the legal and policy implications of the blogosphere's loss. Labor law, private equity business models, the bankruptcy code... it's all involved in the otherwise straightforward demise of a venerable publication.
32:5005/11/2019
Let's Get Wildly Off Topic

Let's Get Wildly Off Topic

This week's discussion of law firm growth trajectories never gets to happen as Elie's irritation with Trump's lawyers spills into the entire show. Becoming a bag man for the Ukraine deal raises ethical concerns, but is merely representing Trump an ethical problem? More to the point, is it something bar disciplinary committees should really be looking into?
32:0429/10/2019
Law School Students Need To Figure Out Where They're Going To Work

Law School Students Need To Figure Out Where They're Going To Work

With offers for summer employment going out to law students around the country, Thinking Like A Lawyer unveils its annual "The Offer" series. If you're wondering which of your offers you should take, Joe and Elie are happy to anonymously discuss them. Just send them to [email protected] subject line "The Offer." In the meantime, here are some general thoughts on the job hunt process.
33:0722/10/2019
The Challenges Facing In-House Counsel In 2019

The Challenges Facing In-House Counsel In 2019

Joe and Elie discuss the in-house world. Lawyers and law students often daydream about what they perceive as the cushy world of going in-house. But these lawyers face their own challenges. A recent comprehensive survey of corporate legal departments reveals confusion over privacy requirements and complaints over outside counsel costs.
33:1615/10/2019
Lawyers On TV

Lawyers On TV

Joe and Kathryn have a spontaneous chat about lawyers on television. From game shows to reality competitions, lawyers were all over the place last week. In a sense though, aren't these shows metaphors for the legal profession? No, they're probably not -- but that's not going to stop us from trying to explain how they might be.
23:5908/10/2019
Sure Impeachment Is Serious, But Look At This Lawyer Cat!

Sure Impeachment Is Serious, But Look At This Lawyer Cat!

Brazil has officially made a cat an attorney and this week Kathryn and Joe explore the feline's new career serving as both legal mascot and a symbolic advocate for animal legal concerns in the country. Meanwhile, Elie tries to speculate about impeachment and mostly fails because who cares about hearings that haven't even started yet when there's A LAWYER CAT TO TALK ABOUT!
29:2401/10/2019
The Opioid Suits

The Opioid Suits

Joe and Elie are joined by Alaric Dearment of MedCity News to discuss the legal framework surrounding the opioid lawsuits. How does something like this become a stunning breakdown of regulation in the face of industry greed? This is your overview.
25:3725/09/2019
Revenge Is A Dish Best Not Served To Guests In Weil's Cafeteria

Revenge Is A Dish Best Not Served To Guests In Weil's Cafeteria

Joe and Kathryn discuss the top stories of the week at Above the Law including the rise and fall of Judge Posner's pro se organization, Weil Gotshal's cafeteria cold shoulder, and the California Bar's good news. Plus we talk a bit about Emory's struggles with racial slurs. Just another week in the annals of the legal industry.
33:5417/09/2019
The Many, Many Obstacles To Biglaw Diversity

The Many, Many Obstacles To Biglaw Diversity

Kathryn Rubino joins Joe for a discussion of the latest Mansfield Rule efforts and the problem of lagging Biglaw diversity generally. From reputational rankings to deequitization to bar exam shenanigans the obstacles to building a truly diverse workforce in law are more baked into the system than current reforms seem able to handle.
31:0410/09/2019
When Are Lawyers To Blame For Their Clients?

When Are Lawyers To Blame For Their Clients?

With election season prematurely upon us, lawyers across the country will gear up to run for office, and their opponents will gear up to bash them for the clientele they've served. Should lawyers ever be criticized for zealously defending clients? Is the justice system undermined if attorneys feel some clients are too toxic to represent?
35:4803/09/2019
From the Archives: The Future of the Law Firm (Rebroadcast)

From the Archives: The Future of the Law Firm (Rebroadcast)

Disclaimer: This episode was originally aired on Dec 11, 2018.The International Legal Technology Association's annual conference came and went this past week, so we were unable to record a podcast. But we have a treat from the archives -- a conversation with Intapp board member and all-around law firm business expert Ralph Baxter about what the future holds for law firms.
29:0727/08/2019
Scintillating Sports Law Takes

Scintillating Sports Law Takes

As we prepare to enter another football season, Elie and Joe discuss some high-profile sports law stories making the rounds and focus on the most important intellectual property question that you would have thought was too dumb to ask: can you trademark the word, "the"?
38:5320/08/2019
Would You Rather? But Legal

Would You Rather? But Legal

Joe and Elie address some hypothetical situations about the legal industry and discuss which path they'd rather take knowing what they know. Imagine Thinking Like A Lawyer's "The Decision" series helping students choose a law school, but applied to a bunch of random legal questions.
34:1913/08/2019
What A Week In Legal News

What A Week In Legal News

Joe and Kathryn do another rapidfire rundown of the biggest stories in legal news this week. Bar exam horror stories! Jones Day's salary and discrimination suit woes! The imminent collapse of a national Biglaw firm! All that and more. Plus sound effects!!!
32:4106/08/2019
Breaking Down The Mueller Hearings

Breaking Down The Mueller Hearings

Joe and Elie watched some of these hearings everyone's talking about and break down some of the key legal issues that got lost in the spectacle. This is just what happens when a careful, conscientious attorney tries to talk to a bunch of local dry cleaner magnates who've managed to fall backward into Congress and then it all gets ciphered by talking heads churning a 24-hour news cycle.
36:0430/07/2019
Academia Means Never Having To Say, 'I Got Fired'

Academia Means Never Having To Say, 'I Got Fired'

Joe and Elie react to the news that UPenn Law School's Amy Wax has stepped up her efforts to be noticed by right-wing media by appearing at a "nationalism" conference and explicitly stating, that America would be "better off with more whites and fewer nonwhites." Who is this Amy Wax person, and why does she still have a job at this point? The answer is a toxic blend of tenure and cowardice.
27:5323/07/2019
Jeffrey Epstein's Legal Aftermath

Jeffrey Epstein's Legal Aftermath

Joe and Elie discuss Alex Acosta's resignation, Alan Dershowitz's underwear and more while covering the lawyers whose careers could end up demolished by their proximity to the Jeffrey Epstein. At every step lawyers enabled Epstein and as the SDNY brings new charges against him, a lot of lawyers are starting to face the music.
28:3116/07/2019
All Those Lower Courts You've Been Sleeping On

All Those Lower Courts You've Been Sleeping On

Joe and Elie talk about the court system in the nation and the lower courts that no one usually talks about.
33:3709/07/2019
An Independence Day Lesson In Interviewing

An Independence Day Lesson In Interviewing

Joe and Elie are off for the Independence Day holiday but wanted to leave you with something to listen to while you enjoy your holiday. Last year, we spoke with Vanderbilt Law School’s Associate Director of Career Services Nick Alexiou to discuss the on-campus interviewing process. A good guide for those of you preparing for the interview of your lives.
40:3602/07/2019
Facing Consequences And Moving On

Facing Consequences And Moving On

Admissions consultant Hanna Stotland stops by to talk about Kyle Kashuv's now-revoked Harvard admission -- why it was the right move for Harvard and where Kashuv can go from here. Stotland's practice focuses on students facing admissions hurdles -- generally of their own making. We discuss Kashuv's case, Title IX, and why it might be easier to get back on track as a former drug addict.
31:3225/06/2019
So Many Mistakes, So Little Time

So Many Mistakes, So Little Time

Joe and Kathryn come back with another edition of legal topics: Alan Dershowitz, Brett Kavanaugh's Supreme Court clerk hiring, and many more.
28:0518/06/2019
Making Legal Technology Intuitive

Making Legal Technology Intuitive

Joe and Elie chat with Ryan Steadman of Zero about legal technology and how to drive adoption among a profession that's notoriously averse to tech.
25:5811/06/2019
Checking In On The Plaintiffs' Side

Checking In On The Plaintiffs' Side

With all the Biglaw news to cover, we sometimes forget about the high-stakes plaintiffs' side firms out there. So this week, we're checking in with Jay Edelson of Edelson, a "plaintiffs' class action powerhouse," as Law360 puts it, involved in matters as disparate as electronic privacy, college football safety, and the California wildfires. Edelson also talks about one of the all-time law firm pranks he pulled off...
28:3328/05/2019
Around the Gavel

Around the Gavel

Elie remains missing in action (crying about Game of Thrones) so Joe and Kathryn are left to do another ESPN inspired legal podcast -- do not encourage these two to do 45 minutes of NFL takes as if teams are SCOTUS justices.   So this is "Around the Gavel." Some new takes and a different sound effect or two because we've heard the air horn is problematic on a freeway, Sorry.
28:2421/05/2019
Pardon The Injunction

Pardon The Injunction

Elie is out of town, so Joe and guest host Kathryn Rubino take a page out of ESPN's playbook and offer a PTI-inspired roundup of the week's legal news items in short, two-minute bursts. There's even an air horn.
31:0707/05/2019
Law School Decision 2019 (Part II)

Law School Decision 2019 (Part II)

Joe and Elie continue to offer their answers on questions they've received from prospective law students asking “where should I go to school?” Balancing regional offers? Trying to decide what market to practice in? Choosing between the murky world of "just below T14"? Tune in and hear our advice on how to properly manage the law school adventure.
29:4430/04/2019
Law School Decision 2019 (Part I)

Law School Decision 2019 (Part I)

We finally set aside some time to discuss the questions we've received from prospective law students asking "where should I go to school?" Choosing between T14 heavies? We can handle that. Weighing different scholarship packages? We've got that too. Tune in and hear our advice on how to properly manage the law school adventure.
37:0323/04/2019
Biglaw Continues To Struggle With Gender Equity

Biglaw Continues To Struggle With Gender Equity

Kathryn Rubino joins Joe to discuss the recent lowlights in Biglaw gender equity. From MoFo's curious strategic response to allegations that it maintains a "mommy track" for female career advancement to Jones Day... doing Jones Day stuff, women are still struggling to get an even shake when it comes to major law firms.
26:1616/04/2019
The Odd Couple

The Odd Couple

After George Conway's most recent salvo against Donald Trump, Joe and Elie discuss the curious relationship of the senior Wachtell lawyer and Trump's senior aide. Is it possible that lawyers make for more harmonious relationships? The gang also discusses the Mueller Report one day before its release. See how the predictions match up with reality!
30:5426/03/2019
Giving It The Old College Scam Try

Giving It The Old College Scam Try

Let’s just talk about this college admissions scandal shall we? While everyone else is talking about Aunt Becky, Willkie Farr’s co-Managing Partner (and former Thinking Like A Lawyer guest) Gordon Caplan is also caught up in this whole scandal.
32:5719/03/2019
Bonus Podcast: Prosecution v. Defense and the Realities of ‘Proven Innocent’

Bonus Podcast: Prosecution v. Defense and the Realities of ‘Proven Innocent’

Jerry Buting and former Jefferson Parish prosecutor Jackie Maloney square off for a heated debate about the prosecution versus defense and how the portrayals on FOX TV’s ‘Proven Innocent’ compare to reality.
31:3015/03/2019
Law School Rankings Recap

Law School Rankings Recap

The US News and World Report law school rankings have been leaked, and the gang breaks down who's on top and who's making big moves -- both good and bad -- in this year's rankings. Joe and Elie also have an extended discussion about racist cars, specifically what to make of a new report suggesting that self-driving cars are more likely to strike African-American pedestrians.
36:0912/03/2019
Bonus Podcast: Exploring The Tragedy Of Wrongful Convictions At The Heart Of FOX's 'Proven Innocent.'

Bonus Podcast: Exploring The Tragedy Of Wrongful Convictions At The Heart Of FOX's 'Proven Innocent.'

As a special bonus, Joe and Elie are doing a series of podcasts about FOX’s new legal drama “Proven Innocent”. In this second installment, we speak with show creator and Stanford Law graduate David Elliot, California Innocence Project lawyer Michael Semanchik, and exoneree Jason Strong, who spent 15 years in prison for a crime he didn’t commit. “Proven Innocent” airs Fridays at 9/8c on FOX.
36:5922/02/2019
Democracy Is Troublingly Fragile

Democracy Is Troublingly Fragile

Joe and Elie chat with Ian Bassin, the Executive Director of Protect Democracy about the unfortunately pressing task of defending democratic institutions from creeping authoritarianism. Protect Democracy is on the front lines challenging both federal and state governments as they chip away at participatory democracy and constitutional limits. As a special bonus -- in the middle of the episode breaking news results in the guest beginning the process of filing suit on the spot. So that's cool.
32:1619/02/2019
Bonus Podcast: Proven Innocent

Bonus Podcast: Proven Innocent

As a special bonus, Joe and Elie will be doing a series of podcasts about “FOX’s new legal drama “Proven Innocent” premiering tonight at 9/8 Central. In this episode we speak with executive producer Danny Strong about the show and what drew him to the subject of wrongful convictions.
27:4915/02/2019
The Michael Avenatti Interview

The Michael Avenatti Interview

It's hard to say any attorney owned 2018 like Michael Avenatti who stormed (see what I did there?) onto the scene challenging Michael Cohen and Donald Trump over their treatment of his client. In a wide-ranging interview, Avenatti tells Joe and Elie (with a cameo appearance by ATL editor Staci Zaretsky) about his career, his assessment of the 2020 presidential race he thought about joining and of course his marquee 2018 matter and the strategy that went into it.
45:2312/02/2019
The Future Is Now

The Future Is Now

Joe and Elie come to you from the Legaltech NY conference musing about the future of law, the future of law conferences, and the future of weather where Elie is constantly unhappy.
21:3705/02/2019
They Don't Get PR Flacks

They Don't Get PR Flacks

Elie is deeply concerned about the media's willingness to cave to every request of a public relations firm, mostly because some people never get to hire one. And the gang talks about other legal stuff o' the week.
26:2229/01/2019
The Best (Lawyer) A Man Can Get -- Not Rudy

The Best (Lawyer) A Man Can Get -- Not Rudy

After Elie complains about toxic masculinity and razors, he and Joe discuss whether or not Rudy Giuliani's bizarre turn from respected former prosecutor to a talking head lunatic that seems to make his client's case worse at every turn. Did something happen to Rudy along the way... or was he maybe not that great at his job to begin with? Also, stealth layoffs may be appearing in the Biglaw world again. Is it time to start panicking?
32:1122/01/2019
On Emojis And Shutdowns

On Emojis And Shutdowns

Just when you thought the legal profession couldn't get weirder, we've got an extended treatment on the acceptability of emojis in workplace communication and the slow death of the Department of Justice under the weight of the shutdown. Moral of the story? If you have a civil claim against the government, now is the time to bring it.
27:0415/01/2019
Happy New Year! Everything's Awful

Happy New Year! Everything's Awful

Joe and Kathryn take a deep dive into some Above the Law stories from the last couple of weeks. Kathryn focuses on what ticks her off about a superficially light-hearted story about a Supreme Court advocate appearing for oral argument while his baby was busy being born and Joe talks about what reasonable accommodations for disabilities and the unconscious rhetorical choices he's made.
29:3208/01/2019
Should Christmas Eve Be A Firm Holiday?

Should Christmas Eve Be A Firm Holiday?

Joe and Elie discuss the major headlines in law firm news. Paul Weiss found itself in hot water after putting out a picture promoting its new partnership class of predominantly white dudes. It's a lesson in the damage visuals can wreck... and how to address incidents like this. Jones Day inserted itself... again... into the war on workers by entering the Slate labor dispute. And does your firm give the staff Christmas Eve off? Shouldn't everyone be doing this?
33:4118/12/2018
The Future Of The Law Firm

The Future Of The Law Firm

Elie and Joe talk to Ralph Baxter, former head of Orrick and current board member of Intapp, about the future of the legal industry. Baxter has long been an evangelist for legal industry change, willing to rethink Biglaw's long-standing practices to deliver better and more cost-effective services to clients.
30:0111/12/2018
Getting Inside A Judge's Head

Getting Inside A Judge's Head

Many folks become lawyers so they don't have to deal with math anymore. It's one of those weaknesses that holds back the profession as a business. Yet, cutting-edge tech is bringing number crunching to the fingertips of lawyers everywhere in the form of easy to use data analytics. Joe and Elie talk to Josh Becker of LexisNexis about the release of Context, a new tool that delivers deep insights into judicial idiosyncracies by analyzing the language of their body of work.
21:3205/12/2018
Thanksgiving Break

Thanksgiving Break

As everyone departed for the holiday, Joe was left solo to make a few announcements about upcoming opportunities to see the Above the Law team, including an invite to our upcoming holiday party for all the loyal readers and listeners.
09:1327/11/2018