No Lawyer Is An Island

Law doesn’t just exist on an island, miles from anywhere else. It does not and cannot stand by itself. It needs businesses, governments, and culture to keep it alive. So, then, why do we try to isolate it? Wouldn’t that just weaken it? Independence doesn’t always come in the form of strength. In fact, it is often a weakness, barely covering up arrogance or ignorance.

The legal industry is riddled with tradition, and, rather ironically, some of those traditions have no logical explanation. There is a certain expectation of how you should carry yourself, what you should wear, even rules dictating the interior design of your office! The scary thing is that we seem more interested in talking about these insignificant things than in discussing the future of law, cases, clients, or a plethora of other topics.

Law is a bit like milk; when we first start out in life, all we drink is milk, and it’s really important for our growth, but as we get older, we start to drink other things — hot chocolate, tea, coffee — and we realize that milk is okay by itself, but it’s incredible when mixed with other things. The conversation about the future of law is the same way.

Now think about how much coffee you drink. Try replacing all of that with just milk. You’d be missing out on so much flavor and aroma! It’s time we start to taste and savor cappuccinos, mochas, and chai lattes. We need to step beyond the conventional, trivial conversations, and look into the different law fusions available to us. (By the way, if you don’t know what a law fusion is, you should really read this article).

The most obvious fusion would be the intersection between law and business, particularly evident in the case of in-house lawyers. In-house lawyers are much more than just a legal team. They are stakeholders in the business, peers, and colleagues who are actively involved in decision-making and ideating. They need to understand, measure, and follow business trends, expanding on or optimizing them using their legal expertise.

In-house lawyers apply business thinking in a legal context. Not only that, but they also draw on any other of a variety of expertise to fuel creative problem-solving. Catherine McGregor covers all of this, adding some fascinating thoughts on how she uses her background in drama within her in-house role. If you want to hear more, you can here:

So, business and law are a combination not unlike your standard cappuccino. It takes milk, steamed a little, and mixed in with a shot of dynamic cadence. If we really want to stimulate our palette with different flavors, we’re going to have to go for something more relevant, but less known. I’m talking about green tea.

I had the privilege of interviewing James Strange on my podcast. The episode is below, but the gist of what he shared was quite a unique story of his journey from studying photography, to solar technology installation, to studying law with a focus on renewable energy and affiliated policies. These experiences are honestly so different that I had to choose green tea because, even though you don’t normally drink it with milk, it’s a unique mixture that James metaphorically drinks. His innovative approach is gaining traction, though, and hopefully, it will soon be more of an iced mocha latte, no less innovative or enjoyable, but much more well known.

Our last order is quite a tall one for traditional lawyers. Australian in-house Mel Scott shared her experiences with personal branding … for in-house lawyers. She has whipped up something of a dirty chai latte here. It has that espresso shot of dynamism and energy, mixed with the ever-popular and distinct taste of chai, the social media flavor that permeates everything hot and growing. Then the mixture is infused with the law to great success.

Mel has managed to build a supportive and engaging community that has connected her with like-minded people, creating opportunities for her to speak on various platforms –- like my podcast. She has raised awareness of alternative legal paths while inspiring creative thinking for her work challenges. Her personal and audience-based approach is well suited for integrating law with the rest of society.

Are you still drinking milk? Or have you explored other options?

Law was not designed in isolation, nor can it thrive in it. It’s about time we raised awareness around integrating it for a much more powerful effect.


Olga V. Mack is the CEO of Parley Pro, a next-generation contract management company that has pioneered online negotiation technology. Olga embraces legal innovation and had dedicated her career to improving and shaping the future of law. She is convinced that the legal profession will emerge even stronger, more resilient, and more inclusive than before by embracing technology. Olga is also an award-winning general counsel, operations professional, startup advisor, public speaker, adjunct professor, and entrepreneur. She founded the Women Serve on Boards movement that advocates for women to participate on corporate boards of Fortune 500 companies. She authored Get on Board: Earning Your Ticket to a Corporate Board Seat and Fundamentals of Smart Contract Security. You can follow Olga on Twitter @olgavmack.

Morning Docket: 01.25.21

* A class action has been filed against Allstate for allegedly using unqualified expert witnesses to drive up legal costs. Hope the company is in good hands… [Texas Lawyer]

* A Tennessee lawyer has had his law license suspended for allegedly advising someone on how to kill another and make it look like self defense. [New York Post]

* A South Carolina law firm that purportedly assisted in a scheme to defraud retirees and others has been ordered to pay restitution. [Post and Courier]

* Three Breonna Taylor grand jurors are seeking to impeach the Attorney General of Kentucky. [CNN]

* Since Above the Law hasn’t had a “Lawyerly Lairs” segment in a while, just wanted to relate that Gibson Dunn’s Randy Mastro just listed his Upper East Side pad for a hefty sum. [Real Deal]


Jordan Rothman is a partner of The Rothman Law Firm, a full-service New York and New Jersey law firm. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at jordan@rothmanlawyer.com.

Exclamation Friday — See Also

Exclamation Friday — See Also | Above the Law

See Also

From the Above the Law Network

Who Says You Need A T-14 Law School Degree To Be Successful?

(Photo by Win McNamee/Getty)

Ed. Note: Welcome to our daily feature Trivia Question of the Day!

Joe Biden is the first president with a J.D. that is not from a T-14 law school in more than a century. Who was the last president with a non-T-14 law school degree?

Hint: That president was a graduate of the University of Cincinnati College of Law.

See the answer on the next page.

Contracts Battlefield


Olga V. Mack is the CEO of Parley Pro, a next-generation contract management company that has pioneered online negotiation technology. Olga embraces legal innovation and had dedicated her career to improving and shaping the future of law. She is convinced that the legal profession will emerge even stronger, more resilient, and more inclusive than before by embracing technology. Olga is also an award-winning general counsel, operations professional, startup advisor, public speaker, adjunct professor, and entrepreneur. She founded the Women Serve on Boards movement that advocates for women to participate on corporate boards of Fortune 500 companies. She authored Get on Board: Earning Your Ticket to a Corporate Board Seat and Fundamentals of Smart Contract Security. You can follow Olga on Twitter @olgavmack.

Stat Of The Week: Biden’s Outlook For Naming Judges

As President Joe Biden enters office, there are only two federal appeals court vacancies, the lowest number for an incoming president since the 1970s, a Law360 analysis noted this week. 

Biden also assumes the presidency with the lowest number of overall federal judicial vacancies for an incoming president in decades.

As University of Richmond law professor Carl Tobias told the publication

Biden’s opportunity at this point does not compare very favorably with recent predecessors.”

This is of course in contrast to President Donald Trump, who entered office with 18 appeals court vacancies after a GOP-controlled Senate refused to confirm nominees President Barack Obama put forward in 2015 and 2016 — including Judge Merrick Garland for the Supreme Court.

As Adam Feldman of Empirical SCOTUS wrote of Trump’s judicial appointments in 2019

With many of these judges tipping the balance of the courts in favor of Republican-nominated judges, the transition in the types of the decisions these courts make are already noticeable. These changes will become even more apparent as time goes on.” 

Biden Takes Office With Fewest Court Openings Since 1989 [Law360]
Changes To The Federal Courts: Trump’s Most Significant And Lasting Legacy [Above the Law


Jeremy Barker is the director of content marketing for Breaking Media. Feel free to email him with questions or comments and to connect on LinkedIn

Look Ma…

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Hobbit Law Cited In Wacky Trump-Loving Lawsuit To Overturn Election

Frodo: What news of the outside world? Tell me everything.

Gandalf: Everything? Far too eager and curious for a hobbit, most unnatural. Well what can I tell you? Life in the wide world goes on much as it has this past age, full of its own armed insurrections and deranged election challenges. Scarcely aware of the existence of law… for which I am very thankful.

How has the age of 2021 gone for Paul Davis? Let’s recap:

Jan. 1, 2021: Beginning a new year as Assistant General Counsel at Goosehead Insurance.
Jan. 6, 2021: Participates in storming of United States Capitol.
Jan. 7, 2021: Former Assistant General Counsel at Goosehead Insurance.
Jan. 18, 2021: Files insane election challenge, Latinos for Trump et al. v. Pete Sessions et al. claiming that every member of the 117th Congress and Joe Biden barred from public office based on dubious election fraud claims (even the roughly 2/3rds of the Senate not elected this cycle? I guess?). And Mark Zuckerberg… something something.

So it’s been an eventful year so far.

And now he’s filed an amended TRO motion in the Western District of Texas and he decided to open it by establishing the high level of credibility the case is bringing to the court:

2. “Gondor has no King,” to invoke a very appropriate quote from the J.R.R. Tolkien epic classic, “Lord of the Rings.”

You know who else doesn’t have a king? The United States. In fact, he addresses that later on citing the Declaration of Independence and noting, “Rather ironically, one could now easily insert ‘United States federal government’ in place of ‘King of Great Britain,’ which has ceased being accountable to its voting citizens.” No, you can’t. Maybe in D.C. where they are subject to taxation without representation.

But as for this Gondor thing, hear him out!

During the course of the epic trilogy, the rightful King of Gondor had abandoned the throne. Since only the rightful king could sit on the throne of Gondor, a steward was appointed to manage Gondor until the return of the King, known as “Aragorn,” occurred at the end of the story. This analogy is applicable since there is now in Washington, D.C., a group of individuals calling themselves the President, Vice President, and Congress who have no rightful claim to govern the American People. Accordingly, as set forth in the Proposed Temporary Restraining Order, as a remedy the Court should appoint a group of special masters (the “Stewards”) to provide a check [sic] the power of the illegitimate President until this Constitutional Crisis can be resolved through a peaceful legal process of a Preliminary Injunction Hearing and a jury trial on the merits.

Um… excuse me. Aragorn hadn’t abandoned the throne. The throne of Gondor was vacant from the death of King Eärnur, who passed without an heir in 2050 of the Third Age when Mardil Voronwë “the Steadfast” took on the role of Steward beginning a line of royal stewardship that lasted almost 1,000 years until the return of King Elessar Telcontar (whom this peasant deigns to call “Aragorn”) in 3019. Duh.

But look, he’s got concerns:

The risk of the United State government descending into such an oppressive police state is tangible and imminent given the rampant cancel culture that has emerged to terminate and intimidate anyone who supported the previous administration combined with the powers granted to government agencies to spy on U.S. Citizens is a perfect storm for such a scenario. Internet searches regarding cancel culture will bring up headlines describing tangible fear from those on the political right of being eventually rounded up into Soviet-style gulags or “reeducation camps.”

That’s just how Stalin started, by telling Trotsky that his writing was busted and then the entire Politburo unfriending him on the Party messageboards (SocialismWithAHumanFacebook). It truly is a hop and skip from refusing to book someone on TV to repeatedly stabbing them in the skull with an ice pick.

So there are a lot of problems with this suit, but before tossing it aside, let’s consider that there is an expert witness lined up:

Furthermore, as set forth in the expert report of J.S. Vanderbol III entitled “Global Risk Analysis: Special Report”….

I stopped reading right there to check up on this J.S. Vanderbol III. The very first link is to the Texas Courts official list of “Vexatious Litigants.” So that’s how the expert report is going.

The only way Gondorian politics reads even close to analogous is to say that we just had a mad ruler with incredibly creepy relationships to his kids, sitting in an office he didn’t earn based on anachronistic rules and after refusing to make any effort to confront the mounting viral threat of orcs and Uruk-hai spreading over the land at an exponential rate he went out in a blaze of infamy paving the way for someone to come in and clean up the mess.

A day may come when this specious legal challenge fails, when the court forsakes the president who appointed it and breaks all bonds of Federalist Societyship, but it is not this day!

But it will almost definitely be very soon.

Check out the filing below (sometimes you have to hit refresh on your browser for it to show up).

Earlier: After Being Fired Over Capitol Insurrection, Lawyer Finds Legal Work Suing… Pretty Much Every Politician And Mark Zuckerberg
Associate General Counsel Was Part Of Yesterday’s Attempted Coup. He’s No Longer Associate General Counsel.


HeadshotJoe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.

Trump Hires Impeachment Lawyer Who Is… Competent???

“You’re hired!” (Photo by Spencer Platt/Getty Images)

So much for the dream of Sidney Powell and Rudy Giuliani working their magic in the well of the Senate. Trump campaign apparatchik Jason Miller confirmed the news yesterday that the former president has hired South Carolina lawyer Butch Bowers to represent him in the upcoming impeachment trial on Sen. Lindsey Graham’s recommendation.

After Rudy Giuliani came to the belated realization that he’s likely to be a witness and is thus unable to appear as counsel, there were reports that the impeachment might be delayed because Trump couldn’t find a lawyer willing to work for him.

But with the House signaling it plans to transmit the article of impeachment to the Senate on Monday, Bowers’ hiring averts the need to go with one of the motley crew that represented the president in his disastrous election suits.

“Well, I think he’s going to have a good [legal team],” Graham told reporters. “Butch Bowers, I think, will be the sort of anchor tenant. But I’ve known Butch for a long time, solid guy. And I think over time, they’ll put the team together.”

And indeed Bowers does look to be a solid lawyer, with wide experience representing wayward politicians. He defended former South Carolina Governor Nikki Haley on ethics charges when she was a state legislator and argued for the state’s current Governor Henry McMaster when he faced allegations of accepting excessive contributions. He even has impeachment experience as lawyer for former Governor Mark Sanford after he took his infamous walk on the Appalachian trail.

That’s a big step up from the Elite Strike Force Super Friends JD Esquire Task Force!

It’s unclear whether Bowers will go with the “perfect, perfect incitement” defense or take up the current Republican Senate position that impeachment after the president leaves office is illegal. If so, he can bring back law professor Jonathan Turley for a reprise of his last impeachment performance. Indeed, Turley is already auditioning for the part with a Fox editorial suggesting that the former president should challenge the impeachment in court on grounds that he is now beyond congress’s jurisdiction.

“On its face, the planned impeachment trial is at odds with the language of the Constitution, which expressly states that removal of a president is the primary purpose of such a trial,” he wrote. “At the time, Trump will be neither a president nor in office. He will be a citizen and would be best served legally to forgo the trial entirely as extraconstitutional and invalid.”

To the surprise of exactly no one, this is odds with Turley’s own position in a 1999 Duke Law Review article, as noted by University of Texas Law Professor Steve Vladeck.

In fact, Turley completed the triple axel of flip flops with an editorial in The Hill condemning Democrats for seeking to “gut not only the impeachment standard but also free speech” by impeaching a president for telling a mob of crazed insurrectionists to march on the Capitol and “fight.” Back in 1998, Turley was all for Congress impeaching President Clinton for conduct which was unethical but not illegal. In 2021, they really should “look[] to the criminal code to weigh impeachment offenses.”

So, will Bowers bring back Turley for another round? Will he treat Giuliani as a friendly or hostile witness? And will we ever escape from 2020?

Hooboy, can’t hardly wait.

Columbia lawyer to represent Trump at impeachment trial: ‘It’ll be interesting to watch’ [Post and Courier]
Jonathan Turley: Trump impeachment trial – why his best defense may be no defense [Fox]


Elizabeth Dye lives in Baltimore where she writes about law and politics.

Tiger King Joe Exotic Can’t Believe Trump Didn’t Pardon Him

(Joseph Maldonado-Passage, aka Joe Exotic the Tiger King, commenting on former President Donald Trump’s stream of pardons en masse before he left office. Exotic and his lawyer alike thought he would surely be pardoned — he even had a stretch limo awaiting him — but it was not meant to be.)


Staci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.