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Above the Law - Thinking Like a Lawyer

Above the Law - Thinking Like a Lawyer

Legal Talk Network 466 Episodes Oct 14, 2026

Thinking Like A Lawyer is a podcast featuring Above the Law's Joe Patrice, Kathryn Rubino, and Chris Williams. Each episode, the hosts take a topic experienced by regular people and examine it through a legal framework, revealing either an awesome rainbow of thought or a disorienting kaleidoscope of issues. The show aims to be both informative and entertaining.

Episodes

Iron Curtain Descends On Biglaw Financials
Iron Curtain Descends On Biglaw Financials Oct 14, 2026 2133 Supreme Court auditions are just down the hall and to the extreme right. ----- That headline is a tad overdramatic, but Kirkland & Ellis did announce that it would no longer help journalists reporting on its financial strength. For years, most law firms have volunteered key data about their businesses to reporters to facilitate the rankings. Does Kirkland's move signal a trend? Judge James
Bird Watching: Hawks vs. Hawkeyes
Bird Watching: Hawks vs. Hawkeyes Oct 7, 2026 1969 And the inevitable -- if stupid -- return of Richard Nixon ----- In a display that could only be described as cartoonish, Senator Eric Schmitt thought he had Jack Smith dead to rights, before he tripped over himself and fell into a heap of mousetraps. After the special prosecutor denied attending an Atlanta Hawks game, Schmitt cried perjury. Eventually Smith revealed he'd gone to
All The Court's A Stage And Trump Judges Merely Players
All The Court's A Stage And Trump Judges Merely Players Sep 30, 2026 1764 And the fashion police have too much time on their hands. ----- The Supreme Court finally put down the dead horse that the Eighth Circuit kept beating, ruling for the third time that Missouri can't impose an illegal gerrymander in time for this election. But this farce highlights a growing problem as conservative -- primarily Trump-appointed -- judges use the federal courts as a stagin
Weil Get You And... Then Maybe You'll Go To Cravath
Weil Get You And... Then Maybe You'll Go To Cravath Sep 23, 2026 2101 And how AI and college sports are basically running the same terrible playbook. ----- More fallout from the big Weil departures. Joe and Kathryn talk about balancing business and why "values" is not necessarily the corporate speak language law firms should adopt all the time. Plus new speculation that Weil is considering merger partners -- has the music stopped on merger musi
Law Firm Passive Aggressiveness On Parade
Law Firm Passive Aggressiveness On Parade Sep 16, 2026 2077 When you think of this firm, do you think 'smaller platform'? ----- Weil labels Cravath a "smaller platform" following partner departure, vaulting to the top of the leaderboard as the most passive aggressive statement a law firm has made this year. Which is saying a lot. Meanwhile, Missouri Republicans spent the week putting on a civil procedure issue spotter exam as they tried to ram throu
Legal Catastrophes The Old-Fashioned Way
Legal Catastrophes The Old-Fashioned Way Sep 9, 2026 1384 No generative AI required! ----- With AI hallucinations dominating the legal ethics headlines for years now, it's nice to see lawyers landing in hot water without having to rely on technology. For example, Holland & Knight got itself removed from a case in Rhode Island after accidentally putting opposing counsel on their internal emails about "dumb" Rhode Island judges. Meanwhile, Skadden a
The ILTACON Wrap-Up
The ILTACON Wrap-Up Sep 3, 2026 2312 This episode is sponsored by Smith.ai. ----- Discussing what we learned about legal technology in Nashville. ----- The International Legal Technology Association conference broke its own attendance records as the legal world flocked to Nashville to figure out what's going on with the technology that promises to revolutionize the practice of law... and can't quite stop producing fake cases. Mad
A Tribute, A Tactic, Or An Appellate Issue?
A Tribute, A Tactic, Or An Appellate Issue? Aug 26, 2026 1595 The murder trial of Lindsay Clancy, the Massachusetts mother accused of strangling her three young children, has spawned a courtroom subplot with real legal stakes: prosecutor Shanan Buckingham has spent weeks in Plymouth Superior Court in a rotating collection of hair bows, widely read as a tribute to five-year-old Cora, who loved them. But even a well-meant gesture is a gamble, handing
Luigi's Double Jeopardy Gamble And The DOJ's Complicity
Luigi's Double Jeopardy Gamble And The DOJ's Complicity Aug 19, 2026 1945 Also, Yale Law School grads have a side chat to discuss their infamous classmates. ----- Luigi Mangione's lawyers say their client can't be tried for murder now that he's pleaded guilty to federal stalking charges. At issue is a voluntary admission that his stalking led to the death of UnitedHealthcare CEO Brian Thompson, which is not an element of stalking but can be a sentencing enha
Biglaw Surrenders Were Worse Than We Thought
Biglaw Surrenders Were Worse Than We Thought Aug 12, 2026 1885 Remember when Trump lost the birthright citizenship case? Because he doesn't. ----- Despite protestations that its deal with the Trump administration didn't forfeit the firm's independence, Paul Weiss reportedly seriously debated letting Stephen Miller review the firm's webpage edits according to the New York Times. The same reporting turned up the $3.5 million the firm spent to m
Will We Never Learn Our Lesson About The Bar Exam?
Will We Never Learn Our Lesson About The Bar Exam? Aug 5, 2026 2092 And summer bonuses have arrived. ----- The profession yet again forced law school graduates to take a closed-book doctrinal memory test to earn the right to perform a job where answering questions from memory constitutes malpractice. And, yet again, the ritual came with a series of catastrophes and a fully canceled test. In Maryland, the test faced delays. Missouri's delays were even worse,
Park Benches And Supreme Court Benches
Park Benches And Supreme Court Benches Jul 29, 2026 1905 And Todd Blanche keeps trying to get over the Judiciary speedbump. ----- The biggest story in legal last week was an unfortunate guerrilla antagonizing of a couple making out on a park bench... who just happened to be a Wachtell partner and associate. And now an internal HR problem is suddenly national news. Say what you will about the person who filmed it, but "get a room" was good ad

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