Interpreting The 2025 CLOC In-House Survey Results – Above the Law

(Image
via

CLOC
)

I
attended
a
fascinating
presentation
at
this
year’s CLOC
Global
Institute
 which
focused
on the
results
from
the most
recent CLOC
in-house
survey,
which
for
the
first
time
was
conducted
in
collaboration
with Harbor,
a
provider
of
legal
services
supporting
law
firms
and
corporate
legal
departments.

The
findings
from
the
survey
were
published
in
the 2025
CLOC
State
of
the
Industry
Report
,
which
was
released
in
February
2025. The survey,
now
in
its
21st
year,
serves
as
an important
benchmarking
resource
for
legal
departments
worldwide, and
provides insights
into
legal
spending,
staffing,
operations,
and
technology
trends.  

The
survey
itself
offers
important
insights,
but
the
panel
discussion
stood
out
for
what
they
chose
to
highlight
in
just
45
minutes and
how
they
interpreted
the
data
made
it
a
fun (think
Steve
Harvey
meets
State
of
the
Industry) and
engaging
conversation
with
the
audience.

The
panel
itself
was
a
diverse group consisting of Kevin Clem,
Chief
Growth
Officer,
Harbor Legal; Lauren Chung, Practice
Group
Leader,
Harbor
Legal; Farrah
Pepper
, Chief Legal Innovation
Officer, Marsh
McLennan; and Oyango Snell,
Executive Director, CLOC. 


Key
Insight:
Demand
for
Legal
Services
Will
Rise

First
the
survey
itself:
65%
of
the participants were
with Fortune
500 companies,
188 companies that
participated were
primarily
billion-dollar-plus organizations, and the
Survey
looked
at some
400
different
metrics.
What
the
panel
decided
to
focus
on
was
important.

The
number
one
highlight
from
the
Survey
which illuminates
and
informs
the
other
metrics:
83%
of
those
surveyed
expect
increased
demand
for
legal
services.
I
have discussed the
possible reasons for
this before, but
it
is
still
pretty
amazing
given the
proliferation
of
AI
tools
that
can
do
many
of
the
tasks
that
legal professional have
in
the
past
done. In addition, 77%
of
legal
departments
expect
to
prioritize
or
increase
legal
ops
headcounts.


Responses
To
Increased
Demand
for
Legal
Services

In
any
event,
given
this,
the
first
question and
brought up
by
the panel
was what are
the
options available to
handle
this
expected
increase.
Here
is
what
the
Survey
said
were
the
top
five
results:

• Increasing
workload
of
existing
internal
resources
(39%)

• Increasing
use
of
current
technology
(36%)

• Reengineering
work
processes
(36%)

• Automating
routine
tasks
(34%)

• Increasing
use
of
outside
counsel
(33%)

The
results
are
a
bit surprising and,
on
its
face, should strike
fear
in
the
hearts
of legal
professionals in
house
legal departments
since
it
seems
to
suggest
a
never-ending
“do
more
with
less” mentality.
But Pepper made
an
interesting
comment.
The
findings
don’t
necessarily
mean
that
as
much
as
suggesting
that
there
are
tools
like
automation,
AI,
and
GenAI
that
will
enable
in
house legal departments to
in
fact
do
more high-value
work. Chung added
that
new
ways
of
working
may
enable
more
to
be accomplished


Top
Use
Cases
Legal
Ops
Can
Address

The
next
question
selected
by
the
panel
to discuss
was the
areas
that
legal
ops
professional
can
best
address
and
improve.
Here
are
the
top
five
findings:

• Outside
counsel
management
(95%)

• Technology
strategy
(91%)

• Technology
administration
(88%)

• Program/project
management
(84%)

• Financial
management
(80%)

Okay,
but
here’s
an
interesting
point
that
the
panel
brought
up.
The
2024 findings were roughly the
same
as before, but
a couple
of
additional
areas
gained
significant
ground. Citation of
business
intelligence as
something
legal
ops
could
contribute
increased from
58%
to
65%,
which
suggest
that participants are
continuing
to search for
ways
to
get
more
and different value
out
of
data
and
are
using
AI
tools
to
get
there. 

A second noteworthy finding: knowledge
management
went
from
71%
to
&79%,
suggesting
AI
tools
and
data
may
enable
legal
ops professionals to
play
a
greater
role
here, potentially
reducing
reliance
on
traditional
law
librarian
roles.


Most
Widely
Implemented
Technologies

Next
question:
What
are
the
most widely implemented technologies
by
legal
ops professionals?

• E-billing
(84%)

• Matter
management
(72%)

• Document
management
(72%)

• Legal
hold
(71%)

• Contract
management
(62%)

Like most
of
the
audience,
I
was surprised at
where
contract management ranked
since
that
seems
to
be
such
a
hot
topic. Perhaps some
early
adopters
are
heading
back
to
the
market,
looking
for
CLM
tools
that
better
meet
today’s
needs.


Planned
Technology
Implementations

But
let’s
look
at
the
results
of
the
next
survey
question:
What
technologies
are
participants
planning
to
implement
in
the
next
year.

• AI
(54%)

• Legal
service
request/intake
(33%)

• Workflow
automation
(33%)

• Contract
lifecycle
(30%)

• Document
management
(14%)

Lots
to
unpack
here.
AI
did
not crack the
top
5
for
tools
already in
use but
54% say
they
will implement it
in the
next
year. Frankly,
that
sounds
like
a
low
number given all
the
discussion
and
promise
of
AI. 

But Clem suggested
that
lots
of
departments
are waiting to
see
what
the
tools
they
already
have
can
do
with
the
addition of
AI
functions
and
to
see
what
the overall business
AI
goals
and
implementation
plan are.
He believes
there
will
be
lots
of
movement
here
in
the next year. Pepper noted that
AI
tools
will
be
integrated more
and
more
in
tools
already
being
used
to
make
them
better
and enhancing
their functionality.
As
she put it,
in
house
legal
“will
not
be
asking
for
AI
tools
but
expecting
it
to
be integrated in
other
products.”


Top
Outside
Counsel
Management
Initiatives

The
panel
then
turned
to
a
review
of
the responses to
the question what the
top
outside
counsel
management
initiatives that in
house
legal
has implemented.
The
top
five
results:

• More
consistent
use
of
matter
planning
and
budgeting
(50%)

• Structured
review
of
annual
rate
increases
(48%)

• Use
of
alternative
fee
arrangements
(47%)

• Tougher
enforcement
of
outside
counsel
guidelines
(45%)

• Keeping
more
work
in-house
(41%)

Again, the
panelists
had
lots
of insights on these numbers.
Chung
suggested
that
the
findings
indicate
that
in-house
legal
is
demanding more
visibility
and transparency in
their relationships with
outside
counsel.
For example,
a key
theme
is
more
structure
and governances to
things
like
rate
increase
requests. Pepper added
that
use
of
the
team
guidelines
should
be
changed
to policy, procedures, or processes to reflect that
need
for alignment of
business
interests with
outside
counsel. 

Finally, Clem
brought
up
an
interesting
point:
rates
may
continue
to
go
up
but
not
as a
matter of
rote.
Rather
rates
will
increase
based
on value that
a lawyer can provide.
More
routine
work
will
be
done
by
AI
tools
and
thus
the
time
spent
doing
work
that
AI can’t do
will
be
more valuable.
To obtain
a
rate
increase,
value
most
be
documented.
By
way
of example,
Clem
informally surveyed
the audience:
the
highest
hourly
rate requested the
past
year
was
$2,850
an hour
which
represented
a
30%
increase over
the
past
year.


The
Final
Word

The
panelists were
asked
for
a
final
word
on
what
the
take
aways
from
the survey.
Here
is
what
they
shared:

Chung:  Lean
into
data

benchmark
and
build
from
there.

Pepper:  Go
deeper
into
context
before
drawing
conclusions.

Clem: Visualize
and
present
data
clearly
to
support
decisions
and
engagement.

All
three panelists
didn’t
focus
on
specific
tools
or
use
cases
in
their
final
remarks.
Instead,
they
all
emphasized
process

how
legal
departments
use
data,
visualize
it,
and
engage
with
it
to
drive
real
transformation.




Stephen
Embry
is
a
lawyer,
speaker,
blogger
and
writer.
He
publishes TechLaw
Crossroads
,
a
blog
devoted
to
the
examination
of
the
tension
between
technology,
the
law,
and
the
practice
of
law
.

Here’s Everything Trump Is Doing To Protect Bad Cops, Make Things Worse For Crime Victims – Above the Law

Trump
was
never
about
law
and
order.
He
cozied
up
to
cops
and
praised
police
brutality,
but
when
push
came
to
literal
shove,
he
sat
back
and
watched
his
supporters
attack
law
enforcement
officers
and
commit
federal
crimes
for
the
sole
purpose
of
destroying
democracy
itself.

Now
that
he’s
back
in
office,
he’s
back
to
pretending
he
cares
about
law
and
order.
His
recent
executive
order
echoes
one issued
during
his
first
term
:
one
that
demands
people
start
respecting
cops
(even
if
he
and
his
followers
won’t
during
insurrections)
and suggests
there’s
a
police
state
 ahead
of
us
because
they
nation
can’t
be
saved
without trampling
all
of
our
rights
.

But
it’s
not
just
about
cops
or
law
and
order
demagoguery.
What
Trump
really
wants
is
zero
accountability
across
the
board.
That’s
why
his
DOJ
has
revamped
its
Civil
Rights
division
to
protect
only
the
rights
Trump
actually
cares
about.
Say
goodbye
to
the
First,
Fourth,
Fifth,
Sixth,
and
Fourteenth
Amendments.
Say
hello
to protecting
the
Second
Amendment
 and
shutting
down
anything
the
administration
thinks
might
protect
the
rights
of
anyone
but
the
whitest,
male-est
US
citizens.

The
Marshall
Project has
published
a
round-up
of
the
DOJ’s
actions
 during
Trump’s
ignominious
return
to
the
ultimate
position
of
power:
Leader
of
the
Free
World.
To
be
sure,
Trump
doesn’t
actually
want
a
“free
world”
any
more
than
he
wants
free
and
fair
elections.
What
he
does
want
is
the
erasure
of
everything
he
doesn’t
like,
even
if
it
means
doing
considerable
amount
of
damage
to
the
country
he
claims
to
be
making
great
again.

The
good
news
is…
well,
I
guess
there’s
not
really
any
of
that.


Last
week,
Attorney
General
Pam
Bondi
cancelled hundreds
of
Department
of
Justice
grants
 centered
on
crime
prevention
to
shift
its
focus
toward
illegal
drug
enforcement
and
the
eradication
of
DEI
policies.
On
Monday,
the
president
signed
executive
orders
to limit
police
reform
 and rescind
consent
decrees
 that
hold
police
agencies
accountable.
And recent
reporting
 details
how
the
department’s
Office
of
Civil
Rights
is
transitioning
from
enforcing
civil
rights
laws
to
bringing
cases
against
universities
and
cities
passing
liberal
policies,
leading
hundreds
of
attorneys
to
resign
in
protest
and
effectively
gutting
the
division.

If
Trump
were
an
unknown
quantity,
one
might
suspect
he
was
trying
to
get
fired
or,
possibly,
take
down
the
government
from
the
inside.
But
Trump
loves
Big
Government
architecture
and
its
insular
qualities.
That’s
why
he’s
converted
its
sharper
edges
to
weapons
to
be
deployed
against
all
the
stuff
he
hates.

His
blind
thrashing
at
anything
“woke”
is
just
brain
stem
responses
to
stimuli,
at
least
as
far
as
Trump
himself
is
concerned.
The
bigger
problem
is
that
blindly
lashing
out
has
resulted
in the
erasure
of
American
history
,
at
least
in
terms
of
women,
minorities,
and
LGBTQ+
citizens.
This
is
by
design,
but
probably
not
because
Trump
is
such
a
savvy
operator.
It’s
collateral
damage,
but
damage
his
supporters
are
not
only
willing
to
embrace,
but
leverage.

The
first
line
of
the
quoted
paragraph,
however,
highlights
the
hypocrisy
that
the
Trump
Administration
seems
to
believe
is
one
of
its
virtues.
This
president
has
spent
a
considerable
amount
of
time
claiming
this
country
is
constantly
under
attack
by
violent
criminals.
Yet,
when
given
the
chance,
he
has
chosen
to
strip
funds
from
crime
prevention
programs.
Worse, he
stripped
federal
funds
meant
to
help
crime
victims
,
as
well
as
police
personnel
actively
engaged
in
providing
this
assistance.


The
U.S.
Justice
Department
is terminating
$811
million
in
grants
,
including
some
impacting
victim
service
programs
ranging
from
trauma
centers
and
sign
language
interpretation
for
domestic
violence
victims
to
police
training,
according
to
internal
documents
and
two
sources.

Every
cut
is
designed
to
favor
cops,
eliminate
accountability,
eradicate
transparency,
and
allow
people
with
access
to
power
to
abuse
it.

Say
goodbye
to
prison
rape
reporting
efforts
because
Trump
doesn’t
care
about
incarcerated
people
and
data
shows
a
sizable
percentage
of
this
rape
is
committed
by
prison
staffers.
Funding
for
gun
violence
studies
has
also
been
cut
off.

And,
while
demanding
the
DOJ
do
better
at
tracking
national
crime
rates,
the
administration
has
decided
criminals
who
happen
to
wear
cop
uniforms
shouldn’t
be
subject
to
the
same
sort
of
background
checks
regular
people
endure
pretty
much
any
time
they
go
looking
for
a
new
job.


In
2022,
the
Biden
administration
created
the National
Law
Enforcement
Accountability
Database
,
a
central
place
for
police
departments
to
search
for
information
about
federal
law
enforcement
officers
with
criminal
convictions
and
misconduct
violations.
Trump decommissioned
the
database
 on
his
first
day
in
office.

What’s
truly
insane
is
that
this
wasn’t
even
a
public-facing
database,
so
it
wasn’t
as
though
journalists
and
activists
were
using
this
to
propel
an
anti-cop
narrative.
This
was
solely
for
use
by
federal
and
local
law
enforcement
agencies
to
ensure
they
weren’t
just
hiring
troublemakers
who’d
already
been
shit-canned
for
violating
rights
or
engaging
in
egregious
misconduct.
Now,
these
agencies
are
going
into
the
hiring
process
blind.
And
while
many
might
be
fine
with
that,
this
gives
the
worst
agencies
that
are
willing
to
hire
the
worst
ex-cops
all
the
plausible
deniability
they’ll
need
to
respond
to
criticism
of
their
hiring
processes.

This
is
the
America
Trump
wants
and
one
his
fans
are
willing
to
support,
right
up
until
they
feel
the
need
to
bash
a
cop’s
head
in
with
a
fire
extinguisher
or
whatever.
And
while
it
may
work
for
them
(until
it
doesn’t),
the
rest
of
us
are
going
to
be
forced
to
live
with
it
and
its
consequences
for
years,
if
not
decades,
to
come.


Here’s
Everything
Trump
Is
Doing
To
Protect
Bad
Cops,
Make
Things
Worse
For
Crime
Victims


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Law Revue Video Contest 2025: The Winner! – Above the Law

Voting
has
closed
for
our
sixteenth
annual
Law
Revue
Video
Contest,
and
we’re
happy
to
announce
that
we
have
a
winner.
Which
law
school
is
the
best
of
the
best?
Which
law
school
deserves
Law
Revue
fame?

Before
we
get
to
the
honors,
let’s
review
the
winners
of
years
past:

So
which
law
school
will
go
on
the
list
of
champions
and
forever
be
remembered
in
the
pantheon
of
Law
Revue
greats?
Let’s
consult
the
votes:

With
42%
of
the
total
votes
cast,
GW
is
the
winner!
Congratulations
to
George
Washington
University,
which
prevailed
with
its
excellent
Oppenheimer
parody,
“Palsgrafheimer.”
For
those
who
haven’t
seen
it
yet,
here’s
the
winning
entry:

Out
of
all
of
GW’s
fantastic
law
revue
entries
over
the
years

from Drunk
Cases
 to Justice
Roboto
 —
this
is
the
school’s
second
win,
and
a
back-to-back
win
at
that!
Good
things
come
with
time,
and
GW
finally
cracked
the
code
to
win
this
competition.
Yay!

Please email
us
 regarding
your
prizes
for
winning
this
year’s
contest.

Congratulations
again
to
GW,
and
to
the
rest
of
the
finalists.


Staci Zaretsky




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 BlueskyX/Twitter,
and Threads, or
connect
with
her
on LinkedIn.

Lawyer Charged With Series Of Acts That Sound Ripped From GTA 6 – Above the Law

A
funny
thing
about
the
character
and
fitness
component
of
becoming
a
lawyer
is
that
is
only
evaluates
the
things
you’ve
done.
If
the
vetters
ever
get
their
hands
on
a
set
of
Precogs
and
are
able
to
make
a

Minority
Report
future-telling
device
,
you
can
only
imagine
the
sorts
of
reasons
people
would
get
their
licenses
revoked
down
the
line.
Imagine
the
surprise
of
hearing
that
you’d
be
preemptively
disbarred
for

throwing
a
Molotov
cocktail
at
the
police

or

swindling
the
people
you
swore
to
zealously
represent
out
of
$5,000
.
Even
with
that
power,
some
offending
acts
would
still
sound
like
a
bad
game
of
Mad
Libs.
Try
this
story
covered
in
the

ABA
Journal

on
for
size:

A
lawyer
in
Albany,
New
York,
was
accused
Friday
of
violating
an
order
of
protection,
hitting
a
woman,
stealing
beer,
and
trying
to
bite
a
police
officer.

Lawyer
Luke
Malamood,
40,
of
New
York
was
charged
in
a
21-count
indictment[.]

Lawyering
in
Albany
might
make
make
it
harder
to
access
the
sort
of
relaxation
you
might
find
in
Manhattan
or
Staten
Island,
but
there
have
to
be
things
higher
up
on
the
list
than
allegedly
violating
orders
of
protection
and
biting
officers.
In
addition
to
warning
him
against
biting
officers
in
the
future,
maybe
one
of
the
Precogs
would
have
recommended
that
he
bought
a
PS5?


Lawyer
Charged
With
Stealing
Beer,
Trying
To
Bite
Officer

[ABA
Journal]



Chris
Williams
became
a
social
media
manager
and
assistant
editor
for
Above
the
Law
in
June
2021.
Prior
to
joining
the
staff,
he
moonlighted
as
a
minor
Memelord™
in
the
Facebook
group Law
School
Memes
for
Edgy
T14s
.
 He
endured
Missouri
long
enough
to
graduate
from
Washington
University
in
St.
Louis
School
of
Law.
He
is
a
former
boatbuilder
who
is
learning
to
swim, is
interested
in
critical
race
theory,
philosophy,
and
humor,
and
has
a
love
for
cycling
that
occasionally
annoys
his
peers.
You
can
reach
him
by
email
at [email protected] and
by
tweet
at @WritesForRent.

Supreme Court Justice David Souter Dies After Accidentally Breaking The Judiciary – Above the Law

Retired
Supreme
Court
Justice
David
Souter
died
Thursday
at
85.
Nominated
in
1990
by
President
George
H.W.
Bush,
Republicans
expected
Souter
to
continue
the
rightward
capture
of
the
Court

replacing
liberal
William
Brennan
with
a
stalwart
conservative.
Instead,
Souter
revealed
himself
as
the
model
of
a
conscientious
jurist,
bucking
ideological
pressures
to
place
the
law
ahead
of
Party.
During
the
same
week
that
Chief
Justice
Roberts
declared,
“The
idea
that
it’s
invariably
a
bad
thing
to
overrule
precedent
is,
I
think,
quite
mistaken,”
Souter
stood
in
sharp
contrast
for
his
defense
of
the
precedents
settled
by
the
generation
of
justices
before
him
from
abortion
to
civil
rights.

And
along
the
way
he
accidentally
set
off
a
judiciary-destroying
chain
reaction
that
would
make

Palsgraf

blush.

Conventional
wisdom
would
eventually
describe
Souter
as
a
liberal,
though
this
shorthand
was
probably
never
fair.
His
“liberal”
stances
more
or
less
amounted
to
“let’s
not
take
a
wrecking
ball
to
the
Constitution
and
established
precedent.”
For
a
Republican
judge
elevated
in
a
post-Bork,
post-Scalia,
post-Thomas
world,
Souter
was
expected
to
approach
the
job
with
a
revisionist
zeal
that
didn’t
fit
his
belief
in
a
more

for
lack
of
a
better
term

traditional
judge’s
role.

When
he
didn’t
fit
that
mold,
conservatives
committed
to
building
a
stronger
mold.

Souter’s
1990
nomination
was
orchestrated
by
then-White
House
Chief
of
Staff
John
Sununu,
a
New
Hampshirite,
who
was
familiar
with
Souter
as
a
former
New
Hampshire
Supreme
Court
justice
before
being
elevated
to
the
First
Circuit.
The
Harvard
Law
graduate
was
a
relatively
unknown
figure
on
the
national
stage
with
only
a
few
months
as
a
federal
appellate
judge.
His
sparse
paper
trail
made
him
an
appealing
candidate
for
a
swift
confirmation
after
the
contentious
Clarence
Thomas
fight
earlier
that
year.

The
Senate
confirmed
Souter
90–9.
Conservatives
believed
they
had
secured
a
reliable
ally
on
the
bench.
They
were
wrong.

“I
think
the
Souter
disappointment
and
what
happened
before
him
with
Bork
was
the
red
flag,
if
you
will,
to
conservatives,”
Sununu
said
on
an
episode
of
More
Perfect
ominously
titled,

No
More
Souters
.
“And
frankly,
I
think
it
was
a
major
impetus
among
other
things
for
the
efforts
of
groups
like
the
Federalist
Society
that
put
together
a
list
of
judges
for
Trump
and
so
on.”

While
Souter
was
never
really
an
ideologue,
his

lack

of
ideological
fervor
found
him
routinely
siding
with
the
liberal
justices.
His
vote
in

Planned
Parenthood
v.
Casey

reaffirmed
the
core
holding
of

Roe
v.
Wade
,
before
the
current
Court
decided
the
Founding
Fathers
wanted
a
time-traveling

17th
century
witch
hunter

in
charge
of
reproductive
rights.
Souter’s
jurisprudence
was
characterized
by
a
commitment
to
judicial
restraint
and
a
cautious
approach
to
constitutional
interpretation.

His
opinion
that,

no,
actually,
we
don’t
have
to
let
the
Supreme
Court
unilaterally
choose
the
president

solidified
right-wing
rage
into
a
white
hot
ball
and
made
“No
More
Souters”
a
rallying
cry.

Enter
the
Federalist
Society.
While
it
cosplays
as
a
non-partisan
student
debating
society-cum-Chick-fil-A
fan
club
,
the
Federalist
Society’s
primary
role,
as
mentioned
by
Sununu
above,
is

vetting
future
conservative
judges
.
With
an
approach
not
quite
cradle-to-grave
as
much
as
law
school-to-life
tenure,
the
Federalist
Society
identifies
the

biggest
trolls
in
your
Civ
Pro
lecture

and
begins
grooming
them
to
take
the
bench
when
they’re
ready.

Or,
much
more
often
at
this
point,
when
they’re

not
at
all
ready
.

Souter
took
his
place
alongside
breaking
the
“no
new
taxes”
pledge
as
part
of
George
H.W.
Bush’s
great
sins
with
conservatives.
By
the
time
we
dropped
the
H
and
got
to
George
W.
Bush’s
presidency,
the
Federalist
Society
made
sure
Souter

wouldn’t
happen
again
.
By
Donald
Trump’s
first
term,
the
Republicans
stopped
pretending
that
they
hadn’t
farmed
the
nomination
process
out
to
the
Federalist
Society
and
Leonard
Leo
with
a
Post-it
note
that
said
“MOAR
ALITOS
PLS.”

Whether
Souter
allowed
the
GOP’s
this
shift
to
pure
ideology
as
a
litmus
test
to
influence
his
plans
or
not,
he
did
ultimately
choose
to
retire
in
2009
to
allow
President
Obama
to
appoint
Sonia
Sotomayor
as
the
Court’s
first
Latina
justice.

Penn
Law
professor
Kermit
Roosevelt
III,
who
clerked
for
Souter,
told
More
Perfect:


Bush
v.
Gore
 was
upsetting
to
Justice
Souter,
and
I
think
he’s
said
that
publicly
because
it
looked
as
though
the
justices
were
behaving
as
partisans
and
partisanship
is
what
Justice
Souter
most
firmly
believes
should
not
be
a
part
of
judging.
So,
I
think
it
shook
his
faith
in
the
institution.
I
think
that
No
More
Souters
is
sort
of
a
poignant
phrase
because
there
aren’t
justices
like
David
Souter
anymore.
But
I
think
that
justices
like
David
Souter
are
what
we
need.

Unfortunately,
they’re
justices
that
will
be
few
and
far
between
in
the
near
future.
Republicans
have

already
targeted
Amy
Coney
Barrett
with
Souter-esque
disdain

for
having
the
audacity
to
take
mere
half-steps
away
from
orthodoxy.
And
while
Democrats
historically
maintain
a
commitment
to
a
muted
pragmatic
liberalism
in
their
judicial
picks,
the
day
is
coming
when
they’ll
be
mugged
by
reality
and
appoint
judges
who
wear
ideology
more
on
their
sleeve

if
only
as
a
matter
of
tit-for-tat
self-preservation.

Had
David
Souter
arrived
at
almost
any
other
time
than
the
crossroads
of
the
H.W.
Bush
years,
his
apolitical
approach
probably
wouldn’t
have
prompted
an
organized,
movement-based
backlash
committed
to
ushering
the
next
FedSoc
Treasurer
to
a
one-judge
courthouse
in
the
middle
of
nowhere
to
spend
their
life
firing
off

nationwide
injunctions

or

trying
to
fight
law
students
for
the
sake
of
cable
news
content

or

rewriting
plain
English

or

inventing
new
categories
of
damages
for
hurt
feelings
.

David
Souter
is
a
reminder
of
a
time
when
the
Supreme
Court
was
less
polarized
and
justices
were
not
strictly
vetted
for
ideological
purity.
He
should
be
a
model
for
judges
everywhere.
Hopefully,
the
renewed
focus
on
his
record
over
the
coming
days
will
also
accidentally
inspire
a
counter-revolution
and
remind
everyone
that
the
Court
doesn’t
actually
have
to
be
the
way
it
is
right
now.
Which
is
a
legacy
more
in
line
with
what
he
deserves.




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 or

Bluesky

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
.

Cadwalader Feels The Fallout From Cowardly Trump Deal – Above the Law

When
the

nine
Biglaw
firms
that
struck
deals

with
Donald
Trump
in
order
to
avoid
his
punitive
Executive
Orders
designed
to
extract
a
financial
penalty,
they
probably
*thought*
they
were
acting
in
their
own
self
interest.
So
they
agreed
to
Trump’s
terms

offering
almost
a
billion
dollars
in
pro
bono
payola
to

causes
of
Trump’s
choosing


selling
out
the
rule
of
the
law
in
the
process.
What
a
deliciously
ironic
twist
that
those
deals
may
turn
out
to
*not*
be
in
their
best
interest.

Congressional
Democrats

are
on
the
firms’
back

about
the
deals.
Then
there’s
the
way

many
clients

see
the
deals
as
a
weakness

and,
increasingly
,
are

pulling
work
away

from
the
firms
that
have
demonstrated
they
are
unwilling
to
take
a
legal
fight
to
the
Trump
administration.
There’s
the
way

attorneys

are

leaving

the

firms
that
caved

to
Trump,
hoping
to
get
the
stink
of
capitulation

off
their
resumes
.
A
Biglaw
firm’s
two
biggest
assets
are
clients
and
attorneys,
so
those
Trump
deals
are
really
hitting
firms
where
it
matters
most.

The
Wall
Street
Journal

reports

that
Cadwalader,
the

oldest
continuing
Wall
Street
law
firm

is
feeling
the
sting
of
the
deal.
Cadwalader
found
themselves
in

the
Trump
crosshairs

not
for
cases
they
*did*
take
but
for
one
specific
one
they
didn’t.
Former
Cadwalader
partner
Todd
Blanche
disagreed
with
his
onetime
partners
about
taking
the
Trump
criminal
case,
and
that
apparently
angered
the
president.
When
the
firm
finalized

their
Trump
deal

on
April
11
–pledging
$100
million
in
pro
bono
payola

they
were
already
seeing
some
noteworthy
attorney
departures.
But
now
it’s
supercharged.

The
agreement
now
is
pushing
more
lawyers
to
leave,
people
familiar
with
the
matter
said,
spurred
by
anger
that
the
firm
capitulated
to
Trump
instead
of
fighting
back
against
an
administration
campaign
that
many
in
the
industry
believe
to
be
unconstitutional.

A
key
partner
in
the
firm’s
litigation
group
is
in
late-stage
talks
to
join
a
boutique
firm
and
several
other
litigators
are
planning
an
exit,
the
people
said.
J.B.
Howard,
who
is
counsel
at
the
firm
and
a
former
Maryland
deputy
attorney
general,
is
also
leaving
and
sent
a
letter
to
firm
leadership
protesting
its
capitulation,
people
familiar
with
his
departure
said.

Indeed,
Howard’s

resignation
letter

to
the
firm’s
managing
partner
Pat
Quinn,
sent
in
the
immediate
aftermath
of
the
deal,
is
full
of
the
bold
rhetoric
in
defense
of
the
rule
of
law
that
has

come
to
typify
the
spate
of
resignations

over
the
Trump
deal:

“When
I
was
admitted
to
the
bar,
I
swore
an
oath
not
only
to
support
the
Constitution
and
the
laws
of
the
United
States
and
Maryland,
but
also,
critically,
to
‘uphold
the
honor
and
dignity
of
the
legal
profession.’
In
my
view,
society
licenses
us
with
the
privilege
of
practicing
law,
and
of
earning
a
livelihood
from
the
practice
of
law,
in
exchange
for
a
solemn
and
nonnegotiable
commitment
to
preserve
and
fight
for
our
system
of
laws,
without
which
lawyers
have
no
purpose
or
reason
to
exist. 

“The
legal
profession,
the
courts,
and
the
rule
of
law
are
now
under
direct
attack
from
a
lawless
administration
determined
to
gut
them.
Can
any
serious
person
argue
otherwise?
The
individual
and
institutional
price
we
lawyers
will
have
to
pay,
and
the
sacrifices
we
will
have
to
make,
to
hold
the
line
against
this
aggression
may
be
enormous,
but
I
view
them
as
commitments
we
made
when
we
became
lawyers.
I
believe
we
either
pay
the
price
and
fight
or
we
forfeit
our
license
and
moral
right
to
practice
law. 

“True,
some
have
fiduciary
duties
to
their
law
firms
in
the
face
of
an
arguably
existential
threat.
But
I
believe
we
have
a
prior,
and
more
fundamental,
fiduciary
duty
to
society
to
defend
the
rule
of
law,
which
itself
faces
an
existential
threat.
.
.
.
In
my
view,
the
deals
now
being
cut
are
only
emboldening
that
regime
and
further
empowering
it
as,
literally
day
by
day,
it
gains
more
ground.
I
do
not
believe
I
can
carry
on
at
the
firm
knowing
that
I
am
now,
in
a
sense,
a
party
to
one
of
these
deals.”

When
asked
for
comment,
a
firm
spokesman
downplayed
anything
was
unusual
about
the
exodus,
“Departures
can
be
tough,”
he
said.
He
continued,
“Some
attrition
is
normal
and
expected;
it
is
part
of
the
typical
rhythm
of
a
successful
firm.” The
firm
also
played
up
their
strong
2024
financial
performance
and
the
belief
that
will
continue
through
2025.
But
to

paraphrase
the
Countess
Luann
,
money
can’t
buy
you
principles.




Kathryn
Rubino
is
a
Senior
Editor
at
Above
the
Law,
host
of

The
Jabot
podcast
,
and
co-host
of

Thinking
Like
A
Lawyer
.
AtL
tipsters
are
the
best,
so
please
connect
with
her.
Feel
free
to
email

her

with
any
tips,
questions,
or
comments
and
follow
her
on
Twitter

@Kathryn1
 or
Mastodon

@[email protected].

Morning Docket: 05.09.25 – Above the Law

*
Partners
and
associates
alike
plotting
exits
from
surrendering
firms.
[American
Lawyer
]

*
Jeanine
Pirro
replacing
Ed
Martin
as
interim
DC
US
Attorney.

Cheers
!
[AP]

*
UK
authorizes
first
fully
AI
law
firm.
No
way
this
could
go
wrong.
[Roll
on
Friday
]

*
Celsius
founder
gets
12
years
in
crypto
fraud
case.
That’s
like
53
years
Fahrenheit.
[Law360]

*
Court
confirms
that
Alabama
gerrymander
violated
Voting
Rights
Act.
[Reuters]

*
Lawyer
in
trouble
for
sharing
secret
Netflix
data.
Probably
how
to
get
it
to
stop
asking
if
you’re
still
watching.
[Bloomberg
Law
News
]

*
Susman
Godfrey
order
going
about
as
well
for
the
government
as
all
the
other
law
firm
orders.
[National
Law
Journal
]

Is That A New $2B Firm On The Horizon? – See Also – Above the Law

There’s
Talk
Of
A
Merger
To
Come:
McDermott
Will
&
Emery
and
Schulte
Roth
&
Zabel
are
in
conversation.
Trump’s
Divisiveness
Is
Bringing
People
Together:
Say
hello
to
General
Counsels
United!
Goodbye,
Ed
Martin!:
Though
he
was
wildly
unqualified
for
the
job,
he’s
a
top
pick
for
getting
replaced.
The
2nd
Circuit
Orders
Rümeysa
Öztürk’s
Return
To
Massachusetts:
That’ll
keep
her
out
of
the
5th
Circuit’s
hands.
UChicago’s
New
Law
School
Dean
May
Look
Familiar:
That’s
one
way
for
a
professor
to
take
on
additional
responsibility!

FirmPilot Reaches $11.7M in Funding, As Thomson Reuters and HubSpot Ventures Join As Investors

Legal
technology
company

FirmPilot

announced
today
that
it
has
raised
$11.7
million
in
total
funding,
with
Thomson
Reuters
Ventures
and
HubSpot
Ventures
joining
as
strategic
investors
in
its
latest
round.

The
AI
marketing
platform
for
law
firms
secured
$4.7
million
in
this
strategic
investment
round
from
the
two
new
backers.
This
follows
$7
million
raised
through
a
2023
seed
round
and
a
2024
Series
A
round,
which
was
led
by
Blumberg
Capital,
bringing
the
company’s
total
funding
to
$11.7
million.

FirmPilot’s
product
aims
to
help
law
firms
generate
more
high-value
clients
by
leveraging
AI
for
legal
marketing
purposes.
The
platform
positions
itself
as
an
alternative
to
traditional,
manual
marketing
approaches
in
the
legal
sector.

FirmPilot
says
that
its
patent-pending
‘AI
Legal
Marketing
Execution
Engine’
analyzes
competitors’
marketing
strategies,
market
trends
and
search
behaviors
to
help
law
firms
improve
their
online
visibility.
The
platform
has
analyzed
over
5
million
pieces
of
content
used
by
law
firms
and
incorporated
more
than
100
legal
marketing
strategies
into
its
algorithms,
the
company
says.

While
the
company
serves
law
firms
of
various
sizes,
it
has
found
particular
success
with
smaller
to
mid-sized
firms
in
areas
such
as
personal
injury,
workers’
compensation,
family,
immigration
and
criminal
defense,
adding
nearly
100
customers
in
the
past
year.

The
company
says
that
it
helps
firms
compete
more
effectively
in
online
marketing
without
the
high
costs
of
traditional
agencies.
The
company
reports
that
its
clients
save
between
50-70%
on
marketing
costs
compared
to
traditional
agency
services.

Founded
in
late
2022
by

Jake
Soffer
,
FirmPilot
emerged
from
a
personal
connection
to
the
legal
industry.
Soffer,
who
previously
founded
an
AI
assistant
for
sales
and
service
teams
using
Salesforce,
was
inspired
to
create
the
company
after
witnessing
his
brother
Jesse
Soffer’s
struggles
with
traditional
marketing
agencies
for
his
Miami-based
personal
injury
law
practice.

The
company
has
evolved
rapidly
since
its
inception,
securing
$2
million
in
seed
funding
in
December
2023
from
several
venture
capital
firms.
By
June
2024,
FirmPilot
had
raised
a
Series
A
round
of
$5
million
led
by
Blumberg
Capital,
with
participation
from
Valor
Ventures,
SaaS
Ventures,
FJ
Labs,
and
Connexa
Capital.

This
investment
is
notable
in
that
it
involves
major
players
in
both
the
legal
and
marketing
technology
sectors,
as
Thomson
Reuters
brings
extensive
legal
industry
expertise
while
HubSpot
offers
deep
marketing
technology
experience.

“We
are
delighted
to
partner
with
FirmPilot,”
said

Tamara
Steffens
,
managing
director
of
Thomson
Reuters
Ventures.
“They
have
built
an
AI
product
that
empowers
law
firms
to
effectively
communicate
their
value
proposition
and
enhance
their
visibility
to
potential
clients.
The
overwhelmingly
positive
customer
feedback
they
have
received
speaks
volumes,
and
we
are
excited
to
support
this
exceptional
team.”