2023 Year In Review And 2024 Predictions (With David Lat)
Dec 28, 2023
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Legal expert David Lat joins Advisory Opinions to review the best/worst legal cases of 2023 and make predictions for 2024. Topics include font disputes as a metaphor for judges and institutionalism, the debate between serif and sans serif fonts, synesthesia and its impact on reading, analysis of lawyers and cases of the year, Supreme Court opinions on color blindness and major questions doctrine, and legal cases related to higher education and social media regulation.
Litigation boutiques have disrupted the legal landscape with their ability to navigate conflicts, provide flexible fees, and leverage technology.
Chief Justice Roberts and Justice Kavanaugh have played influential roles in shaping important legal matters.
Boutique law firms specializing in specific practice areas, like Lahatski Ellerkone, have seen success in high-stakes cases.
Deep dives
Litigation Boutiques Thriving in the Legal Industry
Litigation boutiques and litigation-focused firms have emerged as the prominent players in the legal industry. These firms have experienced success due to their ability to navigate conflicts of interest, provide flexible fee arrangements, and leverage technology for document review. Notable litigation boutiques like Sussman Godfrey, Claire Locke, and Boys Schiller have achieved significant victories and settlements in high-profile cases. With large law firms being tethered to the billable hour model and facing conflicts issues, the rise of these specialized litigation firms has disrupted the legal landscape. Additionally, the boutique model allows for greater specialization and focused expertise, leading to more favorable outcomes for their clients.
Chief Justice Roberts and Chief Justice Kavanaugh as Influential Judges
Chief Justice Roberts and Justice Kavanaugh have been influential figures in the legal sphere this year. Chief Justice Roberts has written major opinions on cases such as Harper v. Independent State Legislature, Biden v. Nebraska, and Students for Fair Admissions v. Harvard. His focus on judicial minimalism and unanimous decisions have shaped the court's direction. Justice Kavanaugh has consistently been in the majority and stands as a significant swing vote. Notably, his opinions on the interaction between the First Amendment and social media platforms will have lasting implications for online free expression. Both justices have demonstrated their ability to impact important legal matters and play key roles in shaping legal precedents.
Boutique Law Firm Lahatski Ellerkone Excels in Texas Social Media Bill Case
Boutique law firm Lahatski Ellerkone has seen success in handling cases related to the Texas social media bill and other significant litigation matters. The firm, known for its expertise in high-stakes cases, has gained recognition for its representation in the upcoming legal battle over Texas and Florida's social media bills at the Supreme Court. This boutique's specialization in these specialized areas of law allows them to provide clients with tailored expertise and flexibility in fee arrangements. The firm's performance is indicative of the success of boutique firms focused on specific practice areas in the legal industry.
Predictions for SCOTUS
In the upcoming year, the Supreme Court is predicted to have a less eventful term with fewer landmark cases. It is expected that the institution will focus more on the emergency docket and possibly reverse several rulings made by the Fifth Circuit. The court is considered to be a 3-3-3 court, with the three institutionalists, including Chief Justice Roberts, having significant influence. The conservative justices are unlikely to push the envelope for major wins, as conservative justices do not feel they have the necessary votes for such victories. Overall, the court is expected to prioritize stability and the status quo.
Predictions on Trump's Legal Fate
Among the various criminal cases against former President Donald Trump, it is anticipated that only the January 6 case in D.C., overseen by Judge Chuck In, has a reasonable chance of going to trial before the upcoming election. However, it is still uncertain whether the trial will occur before that time, as there are several factors that could cause delays. If the trial does proceed, it is likely that Trump will be convicted, though possibly on only some of the charges. The other Trump-related cases, such as the New York state case and the Florida federal case, are expected to face significant delays, with Trump having the ability to defer proceedings. There is also debate over whether state cases could continue if Trump were to be reelected, with some arguing that separation of powers principles would prevent state prosecutions of a sitting president.
Predictions on Free Speech
Looking ahead, the future of free speech and the First Amendment remains uncertain. While there have been notable victories for free speech advocates, particularly in the realm of college campuses, there is concern that the lessons learned from these victories may not be fully embraced by the broader public. The issue of free speech has become increasingly politicized, with both conservatives and liberals sometimes disregarding the principles they previously championed. As a result, the championing of free speech seems to lack a unified and consistent voice, making it difficult to predict how the landscape will evolve. However, there are still positive signs, such as potential wins for social media companies in net choice cases, limits on government coercion, and a decline in statement culture, where institutions feel compelled to issue statements on every issue. These developments hold the possibility of fostering a healthier culture of open dialogue and respectful debate.
Sarah joins David Lat's Original Jurisdictionto review 2023's best (and worst) legal cases and lawyers and make some hopeful (and less hopeful) predictions about the coming year.
