Courts Should Not Treat Lawyers Better Than Pro Se Parties – Above the Law

It
is
not
uncommon
for
parties
to
represent
themselves
if
they
are
legally
permitted
to
do
so.
Lawyers
can
be
very
expensive
for
ordinary
litigants,
and
some
types
of
civil
matters
are
more
conducive
to
parties
representing
themselves
rather
than
engaging
counsel.
However,
courts
sometimes
treat
lawyers
and
pro
se
parties
differently
when
managing
their
dockets,
and
this
might
seem
unfair
to
some
people.

Most
of
the
matters
I
deal
with
involve
cases
in
which
all
parties
are
represented
by
counsel,
but
when
I
handle
landlord-tenant
matters
or
other
types
of
cases,
I
see
some
pro
se
parties
in
the
courtrooms
I
occupy.
In
some
courts,
lawyers
sit
in
a
separate
section
than
pro
se
parties.
For
instance,
in
some
landlord-tenant
courts
in
which
I
have
appeared,
lawyers
are
instructed
to
sit
in
the
jury
box
whereas
all
of
the
pro
se
parties
need
to
sit
in
the
area
of
the
court
designated
for
the
public.
The
jury
box
is
more
comfortable
than
other
parts
of
the
courtroom,
and
I
always
wondered
if
this
distinction
was
a
result
of
favoritism
for
lawyers
from
judicial
officers.

However,
there
are
some
good
reasons
why
courts
may
wish
to
segregate
lawyers
from
pro
se
parties.
It
is
often
important
to
know
who
is
a
lawyer
and
who
is
a
pro
se
party
since
business
entities
cannot
represent
themselves
in
certain
instances.
I
can
also
see
a
situation
in
which
court
officers
might
fear
friction
erupting
between
pro
se
parties
and
the
lawyers
who
they
are
opposing,
so
perhaps
it
is
easier
to
keep
lawyers
separate
from
pro
se
parties.

In
some
courts
in
which
I
appear,
including
landlord-tenant
courts,
parties
often
need
to
wait
for
hours
until
the
court
calls
their
cases
to
be
heard.
However,
some
courts
have
a
policy
by
which
they
hear
cases
in
which
all
parties
are
represented
by
counsel
first
before
hearing
cases
involving
pro
se
parties.
One
justification
I
heard
for
this
practice
is
to
minimize
the
amount
of
billable
time
clients
need
to
pay
for
their
lawyers
to
be
in
court.
Another
justification
for
this
practice
is
that
hearing
cases
involving
lawyers
first
frees
up
lawyers
to
handle
other
matters,
which
could
be
positive
for
the
administration
of
justice.

However,
pro
se
parties
often
need
to
take
time
off
of
work
to
appear
in
court,
and
their
time
is
valuable
as
well.
Courts
may
not
be
able
to
say
that
the
time
of
lawyers
is
more
valuable
than
the
time
of
other
people
who
appear
in
court.
Accordingly,
it
may
seem
unfair
that
lawyers
do
not
need
to
wait
as
long
as
other
parties
to
have
their
cases
heard.

Another
practice
that
courts
have
when
all
parties
are
represented
by
lawyers
is
that
the
case
is
conferenced
with
the
judge
in
chambers.
Perhaps
this
is
because
court
staff
may
not
feel
as
safe
permitting
pro
se
parties
to
go
into
a
judge’s
chambers.
Moreover,
judges
may
wish
to
make
things
more
public
by
conferencing
matters
in
open
court
when
the
matter
involves
a
pro
se
party.
However,
pro
se
parties
may
see
this
as
a
preferential
practice,
and
it
might
make
sense
to
conference
all
matters
in
open
court
even
if
the
parties
are
represented
by
counsel.

I
have
never
clerked
or
otherwise
worked
at
a
courthouse,
and
I
am
sure
that
courts
treat
pro
se
parties
differently
from
lawyers
for
good
reasons.
I
would
love
to
hear
from
court
officers
on
why
they
establish
different
practices
for
lawyers
than
they
follow
for
pro
se
parties.
However,
courts
need
to
be
cognizant
that
such
practices
may
seem
unfair
and
only
follow
such
procedures
when
the
benefits
significantly
outweigh
the
perceived
unfairness.




Rothman Larger HeadshotJordan
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





[email protected]
.

How Appealing Weekly Roundup – Above the Law

(Image
via
Getty)




Ed.
Note
:

A
weekly
roundup
of
just
a
few
items
from
Howard
Bashman’s

How
Appealing
blog
,
the
Web’s
first
blog
devoted
to
appellate
litigation.
Check
out
these
stories
and
more
at
How
Appealing.


“How
the
modern
Supreme
Court
might
view
the
14th
Amendment
and
birthright
citizenship”:
 Joan
Biskupic
of
CNN
has this
news
analysis
.


“The
Next
Trump
Judges
Will
Be
So
Much
Worse;
The
Federalist
Society’s
waning
influence
in
the
Trump
White
House
means
that
his
next
nominees
will
be
considerably
further
to
the
right,
and
personally
committed
to
the
work
of
protecting
Donald
Trump”:
 Molly
Coleman
has this
essay
 online
at
Balls
and
Strikes.


“New
Research
Finds
Potential
Alternative
to
Abortion
Pill
Mifepristone;
The
research
could
further
complicate
the
polarized
politics
of
abortion
because
the
drug
in
the
study
is
the
key
ingredient
in
a
pill
used
for
emergency
contraception”:
 Pam
Belluck
and
Emily
Bazelon
of
The
New
York
Times
have this
report
.


“Trump
Gives
TikTok
an
Illegal
Amnesty;
The
tech
firms
that
host
the
app
are
putting
their
shareholders
at
risk
by
failing
to
comply
with
the
law”:
 This
editorial
 appears
in
today’s
edition
of
The
Wall
Street
Journal.


“Supreme
Court
Seems
Ready
to
Reject
Limit
on
Excessive-Force
Suits;
The
justices
heard
arguments
over
whether
courts
must
limit
their
scrutiny
of
challenges
to
police
shootings
to
‘the
moment
of
threat’”:
 Adam
Liptak
of
The
New
York
Times
has this
report
.


“Courthouse
News
Loses
Bid
for
Remote
Virginia
State
Court
Access”:
 Ufonobong
Umanah
of
Bloomberg
News
has this
report
 (subscription
required
for
full
access)
on a
ruling
 that
a
divided
three-judge
panel
of
the U.S.
Court
of
Appeals
for
the
Fourth
Circuit
 issued
today.

How Appealing Weekly Roundup – Above the Law

(Image
via
Getty)




Ed.
Note
:

A
weekly
roundup
of
just
a
few
items
from
Howard
Bashman’s

How
Appealing
blog
,
the
Web’s
first
blog
devoted
to
appellate
litigation.
Check
out
these
stories
and
more
at
How
Appealing.


“How
the
modern
Supreme
Court
might
view
the
14th
Amendment
and
birthright
citizenship”:
 Joan
Biskupic
of
CNN
has this
news
analysis
.


“The
Next
Trump
Judges
Will
Be
So
Much
Worse;
The
Federalist
Society’s
waning
influence
in
the
Trump
White
House
means
that
his
next
nominees
will
be
considerably
further
to
the
right,
and
personally
committed
to
the
work
of
protecting
Donald
Trump”:
 Molly
Coleman
has this
essay
 online
at
Balls
and
Strikes.


“New
Research
Finds
Potential
Alternative
to
Abortion
Pill
Mifepristone;
The
research
could
further
complicate
the
polarized
politics
of
abortion
because
the
drug
in
the
study
is
the
key
ingredient
in
a
pill
used
for
emergency
contraception”:
 Pam
Belluck
and
Emily
Bazelon
of
The
New
York
Times
have this
report
.


“Trump
Gives
TikTok
an
Illegal
Amnesty;
The
tech
firms
that
host
the
app
are
putting
their
shareholders
at
risk
by
failing
to
comply
with
the
law”:
 This
editorial
 appears
in
today’s
edition
of
The
Wall
Street
Journal.


“Supreme
Court
Seems
Ready
to
Reject
Limit
on
Excessive-Force
Suits;
The
justices
heard
arguments
over
whether
courts
must
limit
their
scrutiny
of
challenges
to
police
shootings
to
‘the
moment
of
threat’”:
 Adam
Liptak
of
The
New
York
Times
has this
report
.


“Courthouse
News
Loses
Bid
for
Remote
Virginia
State
Court
Access”:
 Ufonobong
Umanah
of
Bloomberg
News
has this
report
 (subscription
required
for
full
access)
on a
ruling
 that
a
divided
three-judge
panel
of
the U.S.
Court
of
Appeals
for
the
Fourth
Circuit
 issued
today.

How Appealing Weekly Roundup – Above the Law

(Image
via
Getty)




Ed.
Note
:

A
weekly
roundup
of
just
a
few
items
from
Howard
Bashman’s

How
Appealing
blog
,
the
Web’s
first
blog
devoted
to
appellate
litigation.
Check
out
these
stories
and
more
at
How
Appealing.


“How
the
modern
Supreme
Court
might
view
the
14th
Amendment
and
birthright
citizenship”:
 Joan
Biskupic
of
CNN
has this
news
analysis
.


“The
Next
Trump
Judges
Will
Be
So
Much
Worse;
The
Federalist
Society’s
waning
influence
in
the
Trump
White
House
means
that
his
next
nominees
will
be
considerably
further
to
the
right,
and
personally
committed
to
the
work
of
protecting
Donald
Trump”:
 Molly
Coleman
has this
essay
 online
at
Balls
and
Strikes.


“New
Research
Finds
Potential
Alternative
to
Abortion
Pill
Mifepristone;
The
research
could
further
complicate
the
polarized
politics
of
abortion
because
the
drug
in
the
study
is
the
key
ingredient
in
a
pill
used
for
emergency
contraception”:
 Pam
Belluck
and
Emily
Bazelon
of
The
New
York
Times
have this
report
.


“Trump
Gives
TikTok
an
Illegal
Amnesty;
The
tech
firms
that
host
the
app
are
putting
their
shareholders
at
risk
by
failing
to
comply
with
the
law”:
 This
editorial
 appears
in
today’s
edition
of
The
Wall
Street
Journal.


“Supreme
Court
Seems
Ready
to
Reject
Limit
on
Excessive-Force
Suits;
The
justices
heard
arguments
over
whether
courts
must
limit
their
scrutiny
of
challenges
to
police
shootings
to
‘the
moment
of
threat’”:
 Adam
Liptak
of
The
New
York
Times
has this
report
.


“Courthouse
News
Loses
Bid
for
Remote
Virginia
State
Court
Access”:
 Ufonobong
Umanah
of
Bloomberg
News
has this
report
 (subscription
required
for
full
access)
on a
ruling
 that
a
divided
three-judge
panel
of
the U.S.
Court
of
Appeals
for
the
Fourth
Circuit
 issued
today.

The Most Diverse Law Schools (2025) – Above the Law

Affirmative
action
may
have
been
dismantled
in
higher
education
and
diversity
may
be
under
attack,
but
this
hasn’t
stopped
students
from
navigating
the
pathway
to
law
school.
Despite
these
challenges,
law
schools
have
been
doing
their
very
best
to
recruit
diverse
students
and
professors,
attempting
to
make
the
legal
profession
look
more
like
society
at
large.
Student
diversity
may
sadly
be
declining,
but
if
you’re
a
person
of
color
searching
for
a
law
school
where
you’ll
be
truly
valued
for
who
you
are
as
a
person,
then
have
we
got
a
ranking
for
you.

The

National
Jurist’s
preLaw
magazine

recently
released
its
Most
Diverse
Law
Schools
ranking,
highlighting
the
schools
that
are
really
doing
their
homework
when
it
comes
to
diversifying
their
institutions.
Here’s
the
methodology
that
was
used:

We
graded
schools
based
on
how
well
each
school
matches
with
the
U.S.
average
for
each
minority
population.
For
students,
we
looked
at
Asian
(which
includes
native
Hawaiian),
Black,
Hispanic,
Caucasian
and
American
Indian
populations.
For
faculty,
we
compared
the
percentage
of
minority
faculty
members
to
the
overall
U.S.
minority
population.
A
school
received
full
credit
when
it
matched
the
national
average
and
could
receive
up
to
40%
added
value
if
its
percentage
was
higher
than
the
national
average
for
each
population.
Faculty
diversity
accounted
for
25%
of
the
final
grade,
with
each
student
population
accounting
for
16.67%,
except
American
Indian,
which
accounted
for
8.32%
of
the
final
grade.
We
have
used
this
methodology
since
2013.

Without
further
ado,
here
are
the
top
20
most
diverse
law
schools:

  1. CUNY
    School
    of
    Law
  2. Texas
    Southern
    University
  3. University
    District
    of
    Columbia
  4. Florida
    A&M
    University
  5. UNT
    Dallas
    |
    College
    of
    Law
  6. University
    of
    San
    Francisco
  7. Atlanta’s
    John
    Marshall
  8. Penn
    State

    Dickinson
    Law
  9. North
    Carolina
    Central
    University
  10. Barry
    Law
    School
  11. University
    of
    Nevada,
    Las
    Vegas
  12. University
    of
    Arizona
  13. Northern
    Illinois
    University
  14. UCLA
    Law
  15. South
    Texas
    Houston
  16. Yale
    Law
    School
  17. Southwestern
    Law
    School
  18. University
    of
    Houston
  19. George
    Washington
    University
  20. Oklahoma
    City
    University

As
you
can
see,
two
of
the
best
law
schools
in
the
country

UCLA
and
Yale

made
their
way
to
the
top
of
the
diversity
ranking
this
time
around.
If
you’re
looking
for
T14
law
schools,
you’ll
find
several
of
them
in
the
unranked
portion
of
this
list,
designated
only
by
their
letter
grades
(A-).
Click

here

to
see
the
full
rankings,
courtesy
of
National
Jurist.

Congratulations
to
each
of
the
law
schools
listed
and
all
of
their
students!


Most
Diverse
Law
Schools

[preLaw
magazine
/
National
Jurist]



Staci ZaretskyStaci
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.

DOJ Issues Perhaps The Last Law Enforcement Investigation Report We’ll See For The Next Four Years – Above the Law

This
is
probably
it
for
awhile.
The
DOJ
Civil
Rights
Division
most
likely
will
be
sidelined
for
at
least
the
next
four
years
as
Trump
returns
to
office
and
his not-so-latent
desires
 to
impose
a
police
state.
Notwithstanding
his
supporters’
apparent
willingness to
assault
officers
 who
stand
between
them
and
a
“stolen”
election,
Trump
has
always
let
his
blue
line,
freak
flag
fly.

So,
this report [PDF],
issued
by
the
DOJ
just
four
days
before
the
inauguration
is
something
of
a
relic
even
though
the
ink
has
barely
dried.
Like every single
investigation
ever
mounted
by
the
DOJ
Civil
Rights
division,
this
report
is
full
of
civil
rights
violations
committed
by
people
who
have
sworn
to
uphold
the
law
and
respect
the
Constitution.

The
Louisiana
State
Police
(LSP)
has
been
a
mess
for
years.
The
agency’s
previous
appearances
at
Techdirt
make
that
pretty
clear.
In
February
2023,
the
cop-friendly
Fifth
Circuit
Appeals
Court denied
immunity
 to
LSP
troopers
who
decided
the
best
way
to
investigate
the
killing
of
a
person
by
local
police
officers
(who
shot
Miguel
Nevarez
20
times)
was
to
get
a
warrant
to
search
the
dead
man’s
house
for
evidence
of
crimes
it
couldn’t
possibly
charge
him
with.
A
year
later,
another
trooper
was
being denied
immunity
 by
the
same
court
for
shooting
an
unarmed,
fleeing
man
in
the
back.

In
the
first
case,
the
court
noted
the
only
reason
for
this
search
of
Nevarez’s
house
was
to
construct
a
narrative
that
would
justify
his
killing
by
Hudson
police
officers.
In
the
latter
case,
the
litigation
exposed
the
trooper’s
lies
about
the
shooting
(undercut
by
a
nearby
home
security
camera),
as
well
as
her
long
history
of
“failing”
to
activate
her
body
camera
when
engaging
in
stops
or
other
interactions
with
the
public.

That’s
just
a
couple
of
peas.
Here’s
the
rest
of
the
pod:


  • In
    July
    2018,
    a
    trooper
    shot
    and
    paralyzed
    a
    white
    teenager—who
    was
    a
    passenger
    in
    a
    car
    stopped
    for
    a
    minor
    traffic
    violation—when
    he
    tried
    to
    run
    away
    from
    the
    car.

  • In
    March
    2019,
    a
    trooper
    grabbed
    a
    Black
    man
    in
    his
    early
    20s
    by
    his
    hair
    and
    repeatedly
    slammed
    his
    head
    into
    the
    hood
    of
    a
    car.

  • In
    May
    2019,
    a
    trooper
    hit
    a
    handcuffed
    45-year-old
    Black
    man
    18
    times
    with
    a
    flashlight
    as
    other
    troopers
    watched,
    breaking
    his
    jaw,
    wrist,
    and
    three
    ribs.

  • In
    July
    2019,
    troopers
    handcuffed
    a
    Black
    man,
    slammed
    him
    against
    a
    police
    car,
    threw
    him
    to
    the
    ground,
    and
    repeatedly
    punched
    and
    kneed
    him.

  • In
    May
    2020,
    at
    least
    seven
    troopers—including
    one
    who
    was
    involved
    in
    Ronald
    Greene’s
    death—gave
    a
    29-year-old
    Black
    man
    a
    “whoopin”
    that
    would
    give
    him
    “nightmares
    for
    a
    long
    time,”
    as
    the
    troopers
    later
    wrote
    in
    text
    messages.
    One
    trooper
    told
    him,
    “I’m
    going
    to
    punish
    you,
    dumb
    bitch.”
    Troopers
    pulled
    his
    hair,
    punched
    him,
    and
    repeatedly
    hit
    him
    in
    the
    head
    with
    a
    flashlight.

Well,
maybe
not
the
“rest”
of
the
pod.
The
tip
of
the
iceberg
is
more
like
it,
even
if
that
means
irresponsibly
mixing
metaphors.


We
found
that
LSP
troopers
across
the
state
use
excessive
force.
Though
LSP’s
use
of
unreasonable
force
was
not
limited
to
any
one
type
of
force,
we
found
LSP’s
use
of
Tasers
particularly
concerning.
We
also
found
that
troopers
use
excessive
force
to
immediately
control
encounters,
often
within
the
first
few
moments
of
encountering
a
person
and
without
giving
the
person
a
warning
or
an
opportunity
to
comply.
They
also
use
force
on
those
who,
because
they
are
restrained
or
otherwise
unable
to
flee,
do
not
pose
a
threat
or
a
flight
risk.
Additionally,
LSP
uses
excessive
force
on
people
who
run
from
troopers,
even
when
that
person
is
only
suspected
of
a
misdemeanor.

The
next
several
pages
detail
the
atrocities
committed
under
the
color
of
law
by
LSP
troopers,
including
tasing
people
who
are
handcuffed,
tasing
someone
just
because
“they
ran”
(even
though
they
were
just
passing
the
scene
of
the
arrest
and
then
decided
to
accelerate
their
pace
after
witnessing
a
separate
deployment
of
excessive
force),
leaving
people
hogtied
in
the
back
of
patrol
cars
for
up
to
an
hour
at
a
time,
pepper
spraying
people
initially
resistant
to
other
threats
of
police
violence,
tasing
a
woman
suffering
a
mental
health
crisis
while
she
was holding
her
young
child
,
and
so
on.

The
problem
starts
at
the
top,
which
has
allowed
it
to
pervade
the
rest
of
the
LSP
org
chart.


LSP’s
system
to
review
use
of
force
by
troopers
is
ineffective
because
it
permits
supervisors
to
ignore
and,
in
some
cases,
condone
problematic
behavior,
including
excessive
force
by
troopers.
Policy
requires
that
troopers
report
all
deadly
and
“nondeadly”
force
and
notify
their
supervisors
about
the
facts
and
circumstances
surrounding
their
use
of
force
through
written
use-of-force
reports.
LSP
supervisors
must
review
these
reports
to
assess
the
troopers’
actions
and
adherence
to
policy
and
training.
However,
in
almost
all
the
incidents
we
reviewed
where
we
found
unreasonable
force
or
other
problematic
tactics
or
behavior,
supervisors
signed
off
on
use-of-force
reports
without
identifying
problems
or
indicating
that
they
took
steps
to
correct
trooper
behavior.

These
are
not
good,
responsible
people
capable
of
being
trusted
with
the
power
they’ve
been
granted.
These
are
sadists
who
are
paid,
praised,
and
promoted
for
being
sadistic.
Here’s
how
one
police
pursuit
ended:
with
a
hail
of
bullets
fired
at
a
car
(and
driver)
that
was
already
immobilized.


The
driver
drove
the
vehicle
backward
and
forward
about
5
to
10
feet
in
either
direction
and
became
stuck
in
the
mud.
Troopers
asked
for
permission
from
the
LSP
sergeant
on
scene
to
shoot
at
the
vehicle.
The
sergeant
gave
the
order
to
“take
it
out,”
and
the
sergeant,
together
with
two
LSP
troopers
and
two
local
officers,
fired
at
the
vehicle
from
about
15
to
20
feet
away. After
shooting
at
the
vehicle
15
times
with
his
handgun,
one
of
the
LSP
troopers
said,
“He
has
no
tires,
he
ain’t
going
nowhere,”
and
then
continued
shooting
19
more
times
with
a
rifle.

Surprisingly,
the
driver
only
suffered
some
cuts
from
a
broken
window.
In
total,
officers
fired
61
bullets
are
car
they
all
agreed
wasn’t
“going
nowhere.”

It’s
a
shit
show
up
and
down.
The
LSP
routinely
“fails”
(to
use
the
DOJ’s
word)
to
open
investigations
when
complaints
are
filed
against
officers.
The
Internal
Affairs
department
is
compromised,
filled
with
investigators
who
have
little
desire
to
investigate
their
fellow
officers
or
even
recommend
troopers’
supervisors
might
want
to
take
a
closer
look
at
citizen
complaints
or
observed
patterns
of
misconduct.

Where
does
this
go
from
here?
Presumably
to
the
scrap
heap
of
history.
The
DOJ
will
need
to
move
forward
with
a
consent
decree
to
institute
reforms.
Without
this
backing,
the
LSP
is
free
to
continue
being
as
terrible
as
it
has
been.
But
Trump’s
last
term
shows
he
has
no
interest
in
using
the
DOJ
to
go
after
people
he
considers
to
be
allies,
no
matter
how
horrible
those
people
might
be.
If
anything,
Trump
has
gotten
even
worse
during
his
four
years
away
from
the
White
House.
He’s
more
petty
and
vindictive
than
he
was
the
first
time
around.
Chances
are
good
this
will
just
become
an
unofficial
memorialization
of
the
LSP’s
awfulness.
The
resources
expended
to
get
to
the
bottom
of
this
rotten
barrel
of
apples
will
ultimately
be
wasted.


DOJ
Issues
Perhaps
The
Last
Law
Enforcement
Investigation
Report
We’ll
See
For
The
Next
Four
Years


More
Law-Related
Stories
From
Techdirt:


Trump
Pardons
Ulbricht,
Betraying
His
Demand
That
Drug
Dealers
Deserve
Death


Phone
Metadata
Suddenly
Not
So
‘Harmless’
When
It’s
The
FBI’s
Data
Being
Harvested


Sixth
Circuit
Rolls
Back
Injunction
Against
Tennessee’s
Unconstitutional
Age
Verification
Law

Morning Docket: 01.24.25 – Above the Law

(Photo
by
Al
Drago/Getty
Images)

*
Supreme
Court
stands
up
for
transparency
to
prevent
money
laundering.
For
other
people…
not
themselves
of
course.
[

Bloomberg
Law
News
]

*
Jones
Day
lawyer
already
quits
Trump
administration.
[WSJ]

*
Law
firm
coke
dealers?
[Roll
on
Friday
]

*
The
birthright
citizenship
order
is

on
hold
,
and
here’s
a
detailed
breakdown
of
why.
[The
Nation
]

*
New
crypto
working
group
to
explore
more
fake
money.[Reuters]

*
Companies
dropping
DEI
efforts
to
curry
favor
with
the
administration
could
open
door
to
even
more
discrimination
lawsuits.
[Law.com]

*
Multiple
states
settle
with
Sackler’s
for
$7.4B.
[Law360]

*
Judge
steps
down
after
feds
raid
office.
[Shore
News
Network
]

Trump Screws A Bunch Of Graduating Law Students Out Of Their First Legal Jobs – See Also – Above the Law

Should
have
went
in
to
Biglaw.


Chalk
It
Up
To
“Government
Efficiency”:


Several
of
these
students
turned
down
Biglaw
positions
for
these
now
non-existent
jobs
.


Tenured
LSU
Professor
Allegedly
Pulled
From
Class
Over
Political
Speech:


Isn’t
that
the
point
of
tenure
?!


Working
From
Home
Has
Its
Costs:


Like
a
quarter
of
your
bonus
!


Who
Needs
Law
School
When
You
Can
Shadow
A
Lawmaker?:


Most
people,
actually.
This
program
sounds
dumb
.


Law
School
Requires
Students
To
Learn
Their
Way
Around
AI:


Times
are
a’changin
!

Unlocking the Potential of Generative AI for Lawyers: Red Flags and Best Practices



This
blog
post
is
based
on
a
free
50-minute
webinar
on
AI  red flags for
lawyers. 
To
access
the
full webinar,
click

HERE
.

Generative
AI
(GenAI)
is
revolutionizing
industries
worldwide,
including
the
legal
profession.
While
this
technology
presents
immense
opportunities,
it
also
comes
with
unique
challenges
that
lawyers
must
understand
and
navigate.
This
guide
highlights
the
red
flags
lawyers
should
watch
for
when
using
GenAI
and
offers
actionable
best
practices
to
ensure
its
ethical
and
effective
use
in
legal
practice.

Why
Generative
AI
Matters
for
Lawyers

GenAI
tools
like
ChatGPT,
Claude,
and
Perplexity
have
the
potential
to
transform
how
lawyers
work.
From
drafting
legal
documents
to
summarizing
transcripts
and
analyzing
case
law,
these
tools
offer
significant
time
savings
and
increased
efficiency.
However,
lawyers
must
balance
the
convenience
of
AI
with
the
profession’s
ethical
obligations
of
accuracy
and
due
diligence.

Common
Red
Flags
in
Using
Generative
AI


1.
Document
Formatting
Errors

AI
often
struggles
with
certain
file
formats,
especially
scanned
PDFs
that
lack
proper
OCR
(Optical
Character
Recognition).
If
you
upload
a
poorly
formatted
document,
AI
may
fabricate
or
misinterpret
its
contents.
Uploading
text-based
formats
like
Word
documents
or
plain
text
can
help
ensure
accuracy.


2.
Math
and
Numerical
Discrepancies

Despite
its
advanced
capabilities,
GenAI
is
prone
to
calculation
errors.
Lawyers
who
rely
on
AI
for
fee
calculations
or
analyzing
numerical
data
must
double-check
its
output.
Interestingly,
while
AI
is
unreliable
at
performing
calculations,
it
excels
at
identifying
inconsistencies
in
numerical
data,
such
as
discrepancies
in
tables.


3.
Inaccurate
Visual
Representations

When
asked
to
generate
diagrams
or
visual
aids,
GenAI
often
misrepresents
scale
or
dimensions.
For
example,
AI-generated
images
of
transmission
lines
might
depict
incorrect
distances
or
numbers
of
affected
properties.
While
useful
for
preliminary
brainstorming,
lawyers
should
not
rely
on
AI-generated
visuals
for
court
presentations
or
legal
arguments.


4.
Imprecise
Contract
Analysis

AI
tools
frequently
oversimplify
or
misinterpret
complex
contract
terms.
For
instance,
an
indemnification
clause
might
be
summarized
incorrectly,
omitting
critical
details.
Moreover,
AI
can
conflate
terms,
turning
“A
or
B”
obligations
into
“A
and
B.”
Lawyers
must
manually
verify
all
AI-generated
summaries
to
avoid
malpractice
risks.


5.
Fabricated
Legal
Citations

Perhaps
the
most
infamous
red
flag
is
AI’s
tendency
to
“hallucinate”
legal
citations.
While
the
output
may
look
realistic,
the
referenced
cases
or
articles
may
not
exist.
Even
when
AI
provides
seemingly
legitimate
links,
lawyers
must
click
through
and
verify
the
sources
to
ensure
authenticity.


6.
Misunderstandings
and
Misreadings

AI
tools
occasionally
misinterpret
even
straightforward
documents,
leading
to
significant
errors.
For
example,
when
tasked
with
summarizing
a
Supreme
Court
transcript,
ChatGPT
generated
inaccurate
summaries
of
the
arguments.
This
demonstrates
the
importance
of
cross-checking
AI
outputs
with
the
original
documents.


7.
Inherent
Biases

Generative
AI
models
often
reflect
societal
biases.
For
instance,
a
generic
request
for
an
image
of
a
lawyer
might
yield
a
white
man
in
a
suit
unless
explicitly
instructed
otherwise.
Similarly,
gendered
assumptions
can
influence
AI-generated
content,
such
as
emphasizing
work-life
balance
for
women
over
professional
goals.


Bonus
Red
Flag:
Plagiarism
Risks

AI-generated
content
can
inadvertently
replicate
existing
materials,
raising
potential
copyright
concerns.
Before
using
AI-generated
marketing
or
blog
content,
lawyers
should
run
it
through
a
plagiarism
checker
to
avoid
legal
disputes.

To
mitigate
risks
and
maximize
benefits,
lawyers
should
adopt
the
following
strategies:


1.
Understand
the
Limitations

Awareness
of
GenAI’s
potential
pitfalls
is
the
first
step
to
responsible
use.
Recognize
where
the
technology
excels
(e.g.,
spotting
data
inconsistencies)
and
where
it
struggles
(e.g.,
legal
reasoning
or
numerical
calculations).


2.
Verify
All
Outputs

Whether
it’s
a
contract
review,
case
citation,
or
legal
brief,
always
double-check
the
AI-generated
content.
Treat
the
AI
as
a
junior
associate
whose
work
requires
supervision.


3.
Use
Paid
Models

Paid
versions
of
tools
like
ChatGPT
and
Claude
offer
advanced
capabilities,
including
higher
character
limits
and
improved
accuracy.
Investing
in
these
versions
ensures
better
performance.


4.
Cross-Check
Using
Multiple
Platforms

Leverage
different
GenAI
tools
to
validate
outputs.
For
example,
use
ChatGPT
for
drafting
and
Perplexity
for
verifying
citations.
This
redundancy
reduces
the
risk
of
relying
on
incorrect
information.


5.
Provide
Specific
Prompts

Detailed
and
precise
instructions
improve
AI
output.
For
instance,
if
generating
marketing
images,
specify
diverse
representations
to
counteract
biases.


6.
Incorporate
AI
Training

Correct
errors
by
providing
feedback
to
the
AI
platform.
This
not
only
improves
your
interaction
but
contributes
to
refining
the
technology
for
broader
use.


7.
Run
Plagiarism
Checks

Before
publishing
AI-generated
content,
ensure
originality
by
using
plagiarism
detection
tools.
Even
better,
personalize
the
content
to
reflect
your
unique
voice
and
insights.

Embracing
AI
Responsibly

Generative
AI
offers
unparalleled
opportunities
for
innovation
in
legal
practice,
but
it
is
not
a
silver
bullet.
By
understanding
its
limitations
and
implementing
safeguards,
lawyers
can
harness
its
potential
while
maintaining
the
profession’s
high
standards
of
accuracy
and
integrity.

As
technology
evolves,
staying
informed
and
adaptable
will
be
key
to
leveraging
AI
responsibly.
If
you’re
ready
to
dive
deeper
into
GenAI
for
lawyers,
consider
joining
specialized
training
programs
to
refine
your
skills
and
stay
ahead
in
this
rapidly
changing
landscape


Download
a
checklist
based
on
this
blog
post
on
our

AI
Resources
Page
.

2025’s Expected Top Growth Practices & Industries In Legal – Above the Law

It’s
a
new
year,
and
with
a
new
presidential
administration
already
making
legally
questionable
moves,
of
course
law
firms
are
going
to
be
busy.
On
top
of
that,
corporate
clients
are
expected
to
send
legal
spending
soaring
in
2025,
but
which
industries
and
legal
practices
are
expected
to
see
the
biggest
growth?

For
that,
we
turn
to
the

BTI
Consulting
Group’s
16th
annual
Market
Outlook
and
Client
Service
Review
,
a
forecast
based
on
responses
from
more
than
350
corporate
counsel.
Here
are
the
practice
areas
expected
to
see
the
biggest
spending
increases
on
legal
in
2025:

Labor
and
Employment
Leads
Litigation
M&A
Bet-the-Company
Litigation
Class
Actions
IP
Litigation
Private
Equity

Here
are
the
industries
expected
to
see
the
biggest
spending
increases
on
legal
in
2025:

High
Tech
Financial
Services
Pharma
Food/Agriculture
Health
Care
Consumer
Products

Do
you
agree
with
these
market
insights
for
the
year
ahead?
Please
let
us
know
what
you
think,
either
via
text
(646-820-8477)
or

email
.
Thanks.


Top
Growth
Practices
and
Industries
for
2025

[Mad
Clientist
/
BTI
Consulting
Group]



Staci ZaretskyStaci
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.