Above the Law - Thinking Like a Lawyer

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 have a Biglaw merging in the offing that hopes to create a new $2B firm.

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 firm standing up to Trump. Who could've predicted except anyone who ever watched Star Wars. Also we talk about California's latest bar exam debacle and the White House's threat against Amal Clooney.

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.

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 administration as a threat to the rule of law. Finally, we flag a troubling law school story about scholarships getting cut when admissions gets blindsided by applications.

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. Sound familiar? Along the way, firms are starting to lose senior lawyers fulfilling critical firm roles while the most recent defectors alienate the overwhelming majority of their team. Finally, the Supreme Court has issued some unanimous rebukes in defense of due process and the administration does not seem to care.

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 have already told the firm recruiting events that they aren't interested in firms that can't stand up for themselves. Also the February bar exam numbers were terrible.

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 policy for both students and the firm. 

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 inversion of the burden of proof is definitely the scariest.

The podcast delves into how the Trump administration is shaking up the legal world, particularly with Perkins Coie's fierce response to retaliatory measures. Silence from most Biglaw firms raises concerns about their commitment to diversity, especially after a controversial email signature mishap. Ethical challenges are also discussed, including the confusion over pronouns and the conduct of a newly appointed U.S. attorney already facing an ethics complaint. This episode highlights the political pressures reshaping the legal landscape.

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?