Above the Law - Thinking Like a Lawyer

When you think of this firm, do you think 'smaller platform'?

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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 through a gerrymandered map that even the Supreme Court wouldn't bless. Finally, we ask when a judge's style crosses the line to become too informal.

No generative AI required!

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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 and Kirkland caught a $2 million sanction after repeatedly withholding evidence and the Lewis Rice bankruptcy lead is out following allegations of serving the wrong client. All that and somehow the Golden Girls manage to work their way into the conversation.

This episode is sponsored by Smith.ai.

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Discussing what we learned about legal technology in Nashville.

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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. Maddy Martin, Senior VP of Growth at Smith.ai -- the sponsor of this episode of Thinking Like A Lawyer -- stops by to recreate the sort of exhibit hall floor conversation she and Joe have had at these conferences for the last several years. Catching up on the state of the industry, what it means for both Biglaw and the small and solo market, and trying to figure out what happens next.

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 the defense a ready-made argument that the state is leaning on sympathy over substance and potentially seeding an appeal. Over in the business of law, private equity finally got the yes it's been chasing: Wood Smith Henning & Berman, a 500-plus-lawyer insurance-defense shop, reportedly signed a letter of intent to sell a stake to Charlesbank Capital Partners at a roughly $700 million valuation. Structured through a management services organization to sidestep Rule 5.4's ban on non-lawyer ownership, it would be the largest PE investment in an American law firm to date -- a toehold, not yet a takeover.

And in the category of career moves we can't recommend, a prominent Pittsburgh attorney landed himself in a fraternity drug scandal. Paul Robinson, a practice-group chair at Meyer, Darragh, Buckler, Bebenek & Eck, was charged with tampering and hindering apprehension for allegedly making evidence disappear from a multistate cocaine ring that prosecutors say his son helped run out of Penn State's Delta Upsilon and Sigma Chi houses -- where, per the AG, packaging kilos doubled as a pledge task.

Also, Yale Law School grads have a side chat to discuss their infamous classmates.

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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 enhancement. And his team hope this is enough to trigger New York's broad double jeopardy restrictions. Why is the Department of Justice going along with this? Meanwhile, Biglaw giants are taking meetings about taking private equity money, opening the door to investors buying stakes in law firms. The proposal revolves around the "management services organization," the same structure that put private equity in charge of your dentist. And J.D. and Usha Vance's Yale Law classmates maintain a private Signal group to compare notes on a couple they sat next to in Contracts.