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Author: TSA Press

Chatbots, Bonuses, And Restorative Justice — See Also

Guess Who’s Coming To Lecture: These accusations paint a visiting professor as bad company.

I Know Things Are Adversarial, But Come On Now: AG wants Madison Garden to stop being big meanies to opposing counsel.

It Is Official! ChatGPT Will Not Cali The Exam! It did beat the curve a couple times though

Harvard Implements Some Lex Et Iustitia: Read about their $500k investment in history.

Guess Which Firm’s Profits Are Soaring: Also, Joe made a funny! And then explained the joke

The post Chatbots, Bonuses, And Restorative Justice — See Also appeared first on Above the Law.

New GPT-Based Chat App from LawDroid Is A Lawyer’s ‘Copilot’ for Research, Drafting, Brainstorming and More

A
new
tool
soon
to
be
released
by
the
no-code
bot
development
company

LawDroid

uses
the
artificial
intelligence
of
GPT-3.5
to
serve
as
a
lawyer’s
virtual
legal
assistant,
able
to
help
with
researching
legal
issues,
drafting
emails
and
letters,
summarizing
documents,
brainstorming
blog
ideas,
and
even
just
conversational
chatting.

Called

LawDroid
Copilot
,
it
is
currently
available
only
by
request
on
an
early-access
basis,
but
will
be
generally
available
later
this
year.


Unlike
LawDroid’s
other
product,

Builder
,
a
no-code
development
platform
law
firms
can
use
to
build
chat
bots,
Copilot
is
an
attorney-facing
tool
that
can
assist
lawyers
in
performing
a
variety
of
tasks.
Currently,
it
is
able
to
perform
eight
types
of
functions:

  • Research
    a
    legal
    issue.
  • Provide
    simple
    summary.
  • Correct
    my
    grammar.
  • Draft
    an
    email.
  • Brainstorm
    blog
    ideas.
  • Chat
    about
    anything.
  • Translate
    into
    another
    language.
  • Something
    else.




Learn
more
about
LawDroid
in
the
LawNext
Legal
Technology
Directory
.

Recently,

Tom
Martin
,
LawDroid’s
founder
and
CEO,
walked
me
through
a
demonstration
of
some
of
these
features.
For
anyone
who
has
tried
ChatGPT,
the
interface
will
look
familiar,
except
that
it
has
been
fine-tuned
to
perform
the
specific
functions
I
described
above.





Legal
research.

In
the
example
you
see
above
of
using
Copilot
for
legal
research,
the
lawyer
asks
for
the
leading
U.S.
case
on
privacy.
It
provides
a
straightforward
answer
of
what
is
perhaps
the
oldest
case
on
privacy,

Griswold
v.
Connecticut
.
Martin
said
the
lawyer
could
then
ask
follow-up
questions
to
get
more
information,
such
as,
“What
is
the
case
about?”,
or,
“Who
were
the
justices
in
the
majority?”

“It’s
kind
of
like
talking
to
a
well-read
law
clerk
versus
doing
LexisNexis
Boolean
searches,”
Martin
said.

As
of
yet,
Copilot
does
not
directly
integrate
with
any
legal
research
database.
But
Martin
sees
the
possibility
for
that
on
the
horizon.



Simple
summary.

A
lawyer
would
use
this
to
create
a
summary
of
legal
language,
such
as
in
a
contract,
perhaps
to
send
to
a
client.
In
the
example
above,
Copilot
is
asked
to
provide
a
summary
of
language
from
a
non-disclosure
agreement.
Simply
copy
the
language
and
paste
it
into
Copilot,
and
it
creates
a
simple
summary.



Draft
email.

In
this
example,
the
attorney
is
asking
Copilot
to
draft
an
email
to
a
client
explaining
the
attorney-client
privilege
and
including
a
citation
to
the
California
rules
of
professional
conduct.
In
just
a
few
seconds,
it
generates
an
email
that
gives
the
lawyer
a
template
to
use
in
writing
to
the
client.

Martin
emphasized
that
this
is
not
a
“set
it
and
forget
it”
technology
in
that
it
is
creating
a
finished
product.
“The
mindset
should
be
one
of
creative
collaboration.
If
you
have
that
mindset,
you
can
make
great
use
of
this.”



Brainstorm
blog
ideas.

Martin
said
this
feature
could
be
useful
to
a
lawyer
who
is
trying
to
come
up
with
ideas
for
a
blog
post
or
podcast

particularly
a
solo
who
has
no
one
to
bounce
ideas
off
of.
The
idea
is
not
for
Copilot
to
write
the
post,
but
to
help
the
lawyer
get
past
that
initial
writer’s
block.

So,
as
shown
above,
the
lawyer
might
tell
Copilot
to
come
up
with
ideas
for
a
post
about
the
ethical
implications
for
lawyers
of
using
generative
AI.
Copilot
comes
back
with
a
title
and
enough
text
to
perhaps
get
the
lawyer
started
on
the
post.


Translate
into
another
language.

Copilot
has
the
ability
to
perform
basic
translation,
which
is
so
far
limited
to
Italian
and
Spanish.
Additional
languages
will
be
added,
Martin
said.
Copy
and
past
any
test
into
Copilot,
and
it
will
translate
into
the
requested
language.



Chat
about
anything.

This
feature,
Martin
says,
is
for
that
lawyer
who
perhaps
is
having
a
tough
day
and
needs
a
bit
of
emotional
support.
The
lawyer
can
unload
a
bit
onto
Copilot,
and
it
will
respond.
The
lawyer
can
keep
going
in
a
casual
back
and
forth,
and
Copilot
will
continue
to
engage.

While
this
early-access
version
comes
with
these
eight
specified
functions,
Martin
said
later
versions
will
allow
lawyers
to
build
their
own
customized
versions.
It
will
also
include
the
ability
to
generate
documents.

Copilot
is
developed
on
top
of
the
same
no-code
platform
that
powers
LawDroid’s
Builder
platform.
That
will
enable
lawyers
to
go
into
the
back
end
and
do
their
own
customization.

Also
on
the
roadmap
is
to
allow
law
firms
with
a
specific
need,
such
as
for
discovery,
to
provide
document
sets
that
LawDroid
can
use
to
further
train
and
fine
tune
Copilot.

So
far,
the
only
public-facing
application
that
has
already
been
built
using
the
Copilot
technology
is
the

digital
assistant
for
criminal
defendants

being
used
by

Judge
Scott
Schlegel
,
the
Louisiana
judge
who
has
been
widely
lauded
for
his
use
of
technology
in
his
court.
(He
also
has
one
for
civil
cases.)

While
this
could
have
been
built
using
Builder
alone,
it
would
have
required
developing
the
complex
set
of
“intents”

or
user
goals

that
would
be
required
for
criminal
cases.
Using
Copilot
and
GPT,
the
judge
was
instead
able
to
effectively
“dump”
a
knowledge
base
of
anything
a
criminal
defendant
might
want
to
know,
creating
what
is
basically
one
intent
that
is
able
to
answer
most
any
question.

Martin
said
he
has
not
decided
on
pricing
for
Copilot,
but
he
said
that
he
plans
to
keep
it
affordable.
He
thinks
it
will
be
particularly
useful
for
lawyers
practicing
in
areas
such
as
personal
injury
or
family
law
where
lawyers
need
assistants
but
may
not
want
to
spend
that
extra
money
on
hiring.

For
now,
anyone
interested
in
trying
Copilot
can
request
access
through
Lawdroid’s
website.

Anna Delvey’s Latest Project May Not Be The Financial Windfall She’s Hoping For – Above the Law

Anna
Delvey
(Photo
by
Alexi
Rosenfeld/Getty
Images
for
ABA)



Ed.
Note:

Welcome
to
our
daily
feature

Trivia
Question
of
the
Day!


Convicted
fraudster,
aka
the
Fake
German
heiress
Anna
Delvey,
reportedly
has
a
new
reality
TV
show
coming
to
the
air:
Delvey’s
Dinner
Club.
What’s
the
colloquial
name
of
the
New
York
law
that
may
prevent
her
from
cashing
in
(the
law
prevents
those
convicted
of
crimes
from
profiting
from
them,
profit
must
first
satisfy
any
civil
judgments
brought
by
victims
of
the
crime)?


Hint:
Named
after
an
infamous
serial
killer,
the
law
is
rarely
invoked

that
Delvey
previously
ran
afoul
of
it
for
the
Inventing
Anna
series
(her
assets
were
only
unfrozen
by
the
state
to
pay
restitution
to
her
victims).



See
the
answer
on
the
next
page.

Layoffs, Next-Gen Bar Exams, More Mass Shootings: The New Normal – Above the Law

Those
of
us
who
lived
through
the
Great
Recession
of
2007-2009
clearly
remember
the
layoffs
that
tore
through
the
legal
profession

a
tornado
that
destroyed
everything
in
its
path.
That
layoff
tornado
may
be
coming
around
again,
given
the
mass
layoffs
at
Meta
(Facebook),
Alphabet
(Google),
Amazon,
and,
of
course,
Twitter.
How
do
you
decide
who
stays
and
who
gets
riffed?
What
factors
should
be
used,
being
mindful
of
all
the
claims
of
various
sorts
of
discrimination
that
can
be
raised?
ATL

reports
on
the
layoffs

which,
so
far,
have
not
been
huge.
Note
my
qualifying
language.

How
about
deciding
based
on
an
algorithm?
Remember
HAL
from
the
Stanley
Kubrick
movie,
2001:
A
Space
Odyssey
“?
(If
you
have
never
seen
it,
do
so,
even
though
it
was
made
almost
60
years
ag0.)
HAL’s
grandson
may
be
determining
who
stays
and
who
gets
whacked.
Almost
100%
of
HR
leaders
say
that

algorithms
will
play
a
part

in
those
determinations,
to
a
greater
or
lesser
degree.

While
algorithms
are
helpful
in
jobs
that
have
metrics
(e.g.,
sales
goals,
call
centers,
and
those
kind
of
numbers-based
jobs),
lawyers
don’t
have
those
same
kinds
of
metrics,
or
should
they?
And
while
we
may
boast
about
a
win-loss
record,
just
like
in
sports,
many
factors
go
into
whether
you
win
or
lose,
and
(sorry
to
say)
it
may
not
be
just
your
reputation
as
a
hotshot
trial
lawyer,
but
also
performance
reviews,
if
they
exist,
comments
from
clients,
ability
to
get
and
retain
business
(now
there
may
be
a
“sales”
or
“retention”
algorithm
in
that
last
one).
But
would
you
want
to
trust
your
career
future
to
an
algorithm?
Not
me.

All
hail
the
forthcoming
revision
to
the
bar
exam,
dubbed
the
“Next
Gen”
bar
exam,
at
least
in

those
states
that
use
the
Uniform
Bar
Exam

(as
usual,
California
is
different
and
doesn’t
use
it,
at
least
not
yet).
The
new
and
hopefully
“improved”
UBE

will
debut
in
2026
.
States
will
have
the
option
to
use
the
new
UBE
right
out
of
the
gate
or
stay
with
the
old
one
for
a
time.
(Again,
not
in
California,
at
least
not
so
far,
but
we
are
more
than
three
years
away
from
implementation
and
as
we
all
know
a
lot
can
change
in
three
years.)

Bye-bye
to
questions
on
family
law,
trusts
and
estates,
the
UCC,
and
conflicts
of
law.
The
exam
will
also
be
shorter,
only
one
and
a
half
days,
as
opposed
to
two.
Many
have
been
clamoring
for
testing
skills
and
not
just
rote
memory,
although
that
won’t
completely
disappear.
In
other
words,
“soft
skills”
will
be
tested,
not
just
whether
an
examinee
can
spot
an
issue
such
as
the
Rule
of
Perpetuities,
recite
the
rule,
and
apply
it
to
the
question.
Less
doctrinal
law
on
the
exam,
and
more
real-life
issues.
Examinees
could
still
be
tested
on
real
property
and
so
the
Rule
of
“Purple
Tooties,”
as
we
used
to
call
it,
may
still
lurk.
I
still
have
that
rule
rattling
around
in
my
head;
it’s
a
song
that
just
won’t
quit
my
brain.

What
skills
will
be
tested?
Client
counseling
and
advising,
client
relationships
and
management,
legal
research,
legal
writing,
and
negotiations.
How
do
you
evaluate
these
“soft
skills”
for
purposes
of
passing
the
bar?
Criteria
to
be
used?
We
will
have
to
wait
and
see.
At
least

female
bar
examinees

won’t
be
rated
on
their
attractiveness,
so
far
as
we
know.

Those
who
have
ever
Googled
me
know
that
I
am
in
Pasadena,
California,
just
a
few
miles
north
of
Monterey
Park,
where
yet
another
mass
shooting
took
place
over
the
Lunar
New
Year
weekend.
I
am
even
closer
to
Alhambra,
where
a
brave
soul
prevented
more
carnage
by
wrestling
a
gun
away
from
the
72-year-old
shooter
who
later
died
by
suicide
as
law
enforcement
closed
in
on
a
van
where
he
sat
in
the
driver’s
seat.
The
bad
news?
We
will
only
be
able
to
surmise
what
his
motive(s)
might
have
been.
The
good
news?
One
less
need
to
use
precious
judicial
resources
to
prosecute
him.
Eleven
dead
in
Monterey
Park.

And
that’s
not
all.
About
350
miles
to
the
north,
in
Half
Moon
Bay,
right
along
the
coast,
seven
people
died,
and
the
suspect
has
made
his
first
court
appearance.
I
could
spend
my
whole
word
count
listing
the
places
and
the
number
of
the
dead
and
injured
just
within
the
past
few
months,
but
I
will
let

the
Gun
Violence
Archive
website

do
it
for
me.

As
I
have
written
time
and
again,
screw
thoughts
and
prayers.
Just
in
the
past
year,
from
Buffalo
to
Uvalde
to
Highland
Park
to
Monterey
Park
and
all
the
places
in
between
where
gun
violence
has
struck
again
and
again,
when
are
we
going
to
have
the
gumption
to
truly
do
something
about
this?
I
am
sick
and
tired
of
being
sick
and
tired
about
calls
to
enact
legislation
for
stronger
gun
control.
They
are
empty
words
and
promises.

Monterey
Park,
Half
Moon
Bay,
and
all
the
others
are
just
more
mass
shootings,
only
different
to
the
families
and
friends
of
the
fallen
and
to
the
survivors.
Have
we
become
so
inured
to
the
violence
that
we
just
mouth
the
perfunctory
platitudes
that
seem
to
be
standard
operating
procedure
today?

This
ATL
column
was
eerily
prophetic

back
in
2017.

The
next
gun
massacres
are
already
here.
It’s
now
business
as
usual.




Jill
Switzer
has
been
an
active
member
of
the
State
Bar
of
California
for
over
40
years.
She
remembers
practicing
law
in
a
kinder,
gentler
time.
She’s
had
a
diverse
legal
career,
including
stints
as
a
deputy
district
attorney,
a
solo
practice,
and
several
senior
in-house
gigs.
She
now
mediates
full-time,
which
gives
her
the
opportunity
to
see
dinosaurs,
millennials,
and
those
in-between
interact

it’s
not
always
civil.
You
can
reach
her
by
email
at




oldladylawyer@gmail.com
.

It Turns Out ChatGPT Wouldn’t Be The Best Law Student… – Above the Law


Alone,
ChatGPT
would
be
pretty
mediocre
law
student.
The
bigger
potential
for
the
profession
here
is
that
a
lawyer
could
use
ChatGPT
to
produce
a
rough
first
draft
and
just
make
their
practice
that
much
more
effective.




Professor

Jonathan
Choi

of
the
University
of
Minnesota
Law
School,
in
comments
given
to

Reuters
,
on
how
the
ChatGPT
AI
program
would
perform
in
law
school.
In
a

recent
study
,
Choi
collaborated
with
professors

Kristin
Hickman
,

Amy
Monahan
,
and

Daniel
Schwarcz

to
see
how
ChatGPT
would
generate
answers
on
four
Minnesota
Law
exams
that
they
blindly
graded
along
with
the
exams
of
real
students.
On
average,
ChatGPT
performed
at
the
level
of
a
C+
student
after
completing
95
multiple
choice
questions
and
12
essay
questions.
ChatGPT
performed
the
best
in
Constitutional
Law
(B),
the
second
best
in
Employee
Benefits
(B-),
and
the
worst
in
Torts
(C-)
and
Tax
(C-).



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

Twitter

or
connect
with
her
on

LinkedIn
.

World’s First Robot Lawyer Shorts Out – Above the Law

Three
weeks
ago,
tech
CEO
Josh
Browder

offered

a
million
dollars
to
anyone
who’d

let
his
a
chatbot
argue

a
case
at
the
Supreme
Court.
Yesterday,
he
announced
that
his
company
DoNotPay
is
exiting
the
legal
services
business
entirely
to
concentrate
on
consumer
protection
products
instead.

“Bad
news:
after
receiving
threats
from
State
Bar
prosecutors,
it
seems
likely
they
will
put
me
in
jail
for
6
months
if
I
follow
through
with
bringing
a
robot
lawyer
into
a
physical
courtroom,”
he

tweeted

of
a
planned
February
traffic
court
appearance
where
a
lawyer
agreed
to
allow
the
chatbot
to
feed
him
lines
through
an
earpiece.
“DoNotPay
is
postponing
our
court
case
and
sticking
to
consumer
rights.”

It’s
an
abrupt
about-face
for
the
company
which
bills
itself
as
“The
World’s
First
Robot
Lawyer”
and
whose
founder

vowed

to

“make
the
$200
billion
legal
profession
free
for
consumers.”
And
it
comes
after
a
month
of
intense
pushback
after
Browder
announced
his
decision
to
add
“live”
court
appearances
to
his
site’s
longtime
legal
offerings
which
include
generating
divorce
documents,
wills,
and
powers
of
attorney,
as
well
as
various
consumer-oriented
services,
such
as
canceling
cable
or
reporting
potholes
to
municipal
authorities.

This
week,
the
site’s
document
practice
received
some
pretty
negative
coverage
as
well,
with
Seattle-based
investigator
and
paralegal
Kathryn
Tewson
taking
the
site
out
for
a
spin
in
a
viral

Twitter
thread

that
became
a
post
on

TechDirt
.
Tewson,
a
prolific
participant
in
(what
remains
of)
law
Twitter,
says
her
interest
was
piqued
when
Browder
tweeted
that
his
AI
had
issued
a
subpoena.

“I
asked
‘who
signed
that
subpoena?’
And
he
didn’t
answer,”
she
told
ATL.
“So
I
kind
of
hounded
him
about
it
a
little,
and
he
still
didn’t
answer,
and
then
I
noticed
he
had
deleted
the
tweet.
So
I
asked
‘why
did
you
delete
your
tweet
about
the
subpoena?’
and
he
blocked
me.”

So
Tewson
plunked
down
her
$36
for
a
two-month
subscription,
and
summoned
up
Browder’s
bots
to
draft
a
defamation
demand
letter,
a
divorce
settlement
agreement,
and
a
a
plain
vanilla
demand
letter
for
breach
of
contract.

“I
didn’t
get
either
of
the
first
two
documents
I
generated,
and
got
the
last
one
instantly,
and
I
realized
that
the
other
two
documents
promised
personalization
with
relevant
legal
information
based
on
facts
I
had
given
them
in
the
prompts,
and
the
one
I
got
didn’t,”
Tewson
went
on.
“And
then
I
got
REALLY
suspicious,
because
the
timers
they
had
given
me
were
for
1
hour
and
8
hours.
Those
are
human
time
frames
not
computer
time
frames.”

Browder
then
unblocked
Tewson
and
messaged
to
say
her
that
her
account
had
been
flagged
for
suspected
inauthentic
activity
and
that
he
was
refunding
her
subscription
fee.
She’s
never
did
get
the
other
documents.

Browder’s
customers
can
hardly
complain
if
his
bots
are
getting
backstopped
by
actual
lawyers.
But
if
he
promised
investors
that
he’s
got
code
that
can
do
the
job,
and
he’s
actually

Mechanical
Turk-ing

it,
that
could
be

problematic.

Yesterday
Browder
told

NPR

that
the
retreat
was
a
response
to
threats
from
representatives
of
various
state
bars
to
turn
him
in
for
the
unlicensed
practice
of
law.

“Multiple
state
bar
associations
have
threatened
us,”
he
said.
“One
even
said
a
referral
to
the
district
attorney’s
office
and
prosecution
and
prison
time
would
be
possible.”

Obviously
Browder
understands
that
he
touched
the
third
rail
when
he
talked
about
sending
his
bots
into
court,
even
by
proxy.
But
in
an
interview
with

Fast
Company
,
the
CEO
made
it
clear
that
the
barrier
is
protectionism
by
the
industry,

not

a
defect
in
the
technology
as
it
now
exists.

“There’s
not
a
lawyer
who
will
get
out
of
bed
for
a
$500
refund.
And
that’s
really
where
we
should
focus;
so
that
they
don’t
come
after
us
for
the
other
stuff,
which
is
a
distraction,”
he
told
FC.

And
indeed,
there

is

a
strong
case
for
empowering
the
average
consumer
to
vindicate
low-value
claims.
But
perhaps
the
person
best
suited
to
fill
this
need
should
be
someone
who
understands
that
the
practice
of
law
outside
the
Hague
consists
of
more
than
filling
in
the
blanks
and
pressing
“print.”

And
Browder
is
definitely
not
that
guy:

There
are
lots
of
good
lawyers
doing
great
work,
such
as
human
rights
lawyers
and
Supreme
Court
lawyers,
but
there
are
others
who
are
on
billboards
charging
hundreds
of
dollars
for
copying
and
pasting
documents.
And
those
are
the
ones
that
we
want
to
replace.

The
long-term
goal
is
that
we
want
to
automate
all
of
consumer
rights.
The
average
person
should
not
have
to
see
a
lawyer
for
any
reason,
unless
there’s
a
serious
issue
like
they’re
being
accused
of
breaking
into
someone’s
house.
A
normal
person
shouldn’t
even
have
to
know
what
a
lawyer
does.

Well,
we
assume
that
everything
on
the
up
and
up
over
at
DoNotPay.
But
if
it
isn’t,
we’re
guessing
Browder
will
magic
up
a
robot
lawyer
to
protect
his
interests.
Wouldn’t
want
to
waste
hundreds
of
dollars
an
hour
on
copypasta,
right?


The
World’s
First
Robot
Lawyer
Isn’t
A
Lawyer,
And
I’m
Not
Sure
It’s
Even
A
Robot

[TechDirt]


Why
legal
services
chatbot
DoNotPay
is
abandoning
its
idea
of
putting
a
robot
in
court

[Fast
Company]

CRM Banner

Law School Responds To Allegations Of Racism Against Visiting Professor – Above the Law

Seattle
University
School
of
Law
announced
this
week
they
were
launching
an
investigation
into
Bernard
Burk,
a
visiting
law
professor
at
the
school
teaching
civil
procedure,
for
what’s
described
as
“racially
discriminatory
treatment.”

The
allegations
surfaced
in
the
undergraduate
student
newspaper,
The
Seattle
Spectator.

The
article

details
anonymous
allegations
of
a
hostile
learning
environment
in
Burk’s
classroom:

“He
designated
Brown
students
as
terrorists,”
a
second
anonymous
first-year
law
student
said.
“He
called
Native
Americans
savages
on
the
first
day
of
class.”

The
second
anonymous
student
also
observed
that
Burk’s
classroom
recognition
and
awards
failed
to
include
students
of
color.

“He
has
this
thing
called
Geek
of
the
Week,”
the
student
said.
“No
BIPOC
was
ever
selected
for
Geek
of
the
Week
until
we
had
a
student
go
up
and
tell
him
that
was
unacceptable.
Then,
he
elected
two
the
next
week.”

Beyond
allegations
of
racially
discriminatory
treatment,
the
students
shared
stories
of
sexist
and
ableist
incidents
and
a
joke
about
gun
violence
that
frightened
some
students.
Students
felt
that
Burk
did
not
treat
female-identifying
students
equally,
did
not
give
adequate
disability
accommodations
and
made
comments
patronizing
students
struggling
with
mental
illness.

“Professor
Burk
has
spouted
hateful
and
discriminatory
comments
towards
womxn,
BIPOC
and
LGBTQ+
students,
so
much
so,
that
we
no
longer
feel
safe
in
our
classroom,
and
we
have
lost
faith
in
the
administration’s
competency
in
handling
these
matters,”
a
group
of
first-year
law
students
wrote
in
a
statement.
“This
professor
uses
racial
slurs,
stymies
classroom
participation
by
yelling
predominantly
at
womxn
and
discriminates
against
students
with
school-approved
accommodations.”

According
to

reporting
by

Law.com,
Professor
Burk
denies
the
allegations,
saying,
“Of
course
the
anonymous
allegations
quoted
in
The
Seattle
Spectator
claiming
that
I
said
specific
objectionable
things
in
class
are
false.”

Now
Dean
Anthony
Varona
is
communicating
with
the
law
school
community
that
an
internal
probe
is
underway.
Noting
Burk’s
“strenuous”
denial,
Varona
said
that
some
of
the
serious
allegations
detailed
in
the
Spectator
were
never
reported
to
the
administration:

Varona
added
that,
while
complaints
had
been
made
about
Burk
throughout
the
semester,
“[s]ome
of
the
most
serious
allegations
reported
by
the
Spectator,
however,
had
not
been
shared
with
us
at
all
during
the
fall
semester.”

“Our
Office
of
Academic
Affairs
worked
directly
with
Professor
Burk
throughout
the
fall
semester
to
address
and
resolve
various
students’
concerns,”
adding
that
in
late
October
the
University’s
Campus
Climate
Incident
Reporting
&
Response
Team
received
various
reports
from
students
in
the
course,
to
which
the
team
responded
and
engaged
the
Seattle
University
Office
of
Institutional
Equity
as
appropriate.

Varona
also
noted,
“we
asked
the
Office
of
Institutional
Equity
to
conduct
an
expedited
inquiry
to
determine
the
accuracy
of
two
of
the
most
serious
allegations
reported
in
the
Spectator.”

Varona

reported
the
results

of
the
inquiry
to
the
law
school
community
yesterday:

The
OIE’s
expedited
inquiry
involved
the
review
of
over
five
hours
of
relevant
class
recordings,
including
the
entire
first
class,
and
a
review
of
class
transcripts.
The
inquiry
concluded
that
the
alleged
statements
were
nowhere
in
the
reviewed
recordings
or
transcripts.
Professor
Burk
neither
called
Native
Americans
“savages”
nor
“Brown
students…terrorists.”

Varona’s
message
continued,
detailing
the
“restorative
work”
the
school
is
undertaking
to
improve
the
experience
of
its
students:

Even
when
certain
allegations
turn
out
to
be
unsubstantiated,
as
was
the
case
in
this
inquiry,
we
wholeheartedly
acknowledge
that
we
need
to
undertake
restorative
work
with
our
1L
class
to
address
the
additional
concerns
expressed
by
our
community
members,
in
the
Spectator
and
elsewhere.
We
will
continue
to
work
hard
to
protect
and
grow
our
richly
diverse
community,
and
to
ensure
that
all
of
our
students
have
a
welcoming
and
empowering
educational
experience
here
at
Seattle
U
Law.

The
original
Spectator
article
alleges
that
students
that
complained
about
Professor
Burk,
along
with
the
Student
Bar
Association,
“received
threatening
responses”
indicating
potential
defamation
lawsuits
if
they
pursued
their
complaints.
However,
Andrew
Siegel,
the
school’s
vice
dean
for
academic
affairs,
said,
“Obviously
there
is
no
chance
that
we
would
be
bringing
legal
action
against
anyone.
A
number
of
people
spoke
to
students
about
the
importance
of
sourcing
their
comments,
appropriately
phrasing
their
comments
[and]
making
comments
that
were
not
gross
generalizations
because
of
the
fact
that
across
the
country,
there
have
been
a
small
number
of
incidents
where
students
have
been
sued
for
defamation
in
situations
like
this.”

Student
groups
at
the
law
school,
including
Outlaws
and
BLSA,
have
offered
the
following
statements
of
solidarity.




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

@Kathryn1@mastodon.social.

The 12 Weeks Of Maternity Leave – Above the Law

(Image
via
Getty)


Ed.
note
:
This
is
the
latest
installment
in
a
series
of
posts
on
motherhood
in
the
legal
profession,
in
partnership
with
our
friends
at 
MothersEsquire.
Welcome


Shari
E.
Belitz
to
our
pages.
Click



here


if
you’d
like
to
donate
to
MothersEsquire.

I
have
been
a
working
woman
for
25
years.
I’ve
been
a
lawyer,
an
insurance
professional,
and
a
trial
consultant.
I’ve
given
keynotes
to
groups
of
thousands,
written
books,
blogs,
and
articles.
I’ve
founded
a
business,
and
educational
company,
and
engaged
in
intense
academic
study.
None
of
this
compares
to
the
work
I
put
in
during
the
12
weeks
of
maternity
leave.
I
would
probably
start
crying
if
I
had
to
write
about
it,
so
I
set
it
music,
so
I
can
laugh
about
it.


The
12
Weeks
of
Maternity
Leave


On
the
first
week
of
maternity
leave
my
babies
gave
to
me,
No
more
needles
I’m
IVF-free!


On
the
second
week
of
maternity
leave
my
babies
gave
to
me,
A
scar
from
my
emergency
C!


On
the
third
week
of
maternity
leave
my
babies
gave
to
me,
A
respite
from
gestational
diabeteees!


On
the
fourth
week
of
maternity
leave
my
babies
gave
to
me,
Constant
feedings
that
took
an
hour
or
three! 


On
the
fifth
week
of
maternity
leave
my
babies
gave
to
me,
SIMULTANEOUS
COLIC
SCREAMS
.
.
.


On
the
sixth
week
of
maternity
leave
my
babies
gave
to
me,
Post-partum
anxietyyyyy!


On
the
seventh
week
of
maternity
leave
my
babies
gave
to
me,
Dry
eyes
and
it
hurt
to
seeee!


On
the
eighth
week
of
maternity
leave
my
babies
gave
to
me,
Continued
liver
problems
from
cholostaseees!


On
the
ninth
week
of
maternity
leave
my
babies
gave
to
me,
Many
diapers
filled
with
pee!


On
the
tenth
week
of
maternity
leave
my
babies
gave
to
me,
Pediatrician
appointments
each
month
about
three!


On
the
eleventh
week
of
maternity
leave
my
babies
gave
to
me,
A
light
at
the
end
of
the
tunnel
I
was
starting
to
seeee!


On
the
twelfth
week
of
maternity
leave
my
babies
gave
to
me,
A
chance
to

SIT
ON
MY
ASS
FOR
FREE
!

The
colic,
as
well
as
the
post-partum
anxiety,
which
followed
from
years
of
being
an
infertility
patient,
birthed
feelings
of
being
completely
overwhelmed.
As
a
trial
consultant,
I
straddle
the
world
of
two
disciplines,
law
and
psychology,
which
teach
us
to
view
facts
and
statistics
in
a
detached
logical
fashion.
Logical
is
exactly
how
I
approached
my
maternity
leave.
Logical.
Simple.
Factual.
Have
a
baby
(or
two).
Take
allotted
time
off
to
care
for
baby
(or
two).
Put
on
a
suit,
some
shoes,
and
get
back
to
work.
My
logical
mind
did
not
take
into
account
all
of
the
intangibles,
and
the
creativity
and
grit
it
would
take
to
accomplish
life’s
most
basic
tasks.

Well,
a
funny
thing
happened
on
the
way
to
the
office.
My
logical
brain
was
never
the
same,
and
in
exchange,
with
my
gift
of
two
babies,
I
was
gifted
the
chance
to
put
my
creative
side
to
work.
I
now
look
back
on
that
time
with
the
hindsight
of
someone
who
not
just
survived
the
experience,
but
went
on
to
pursue
degrees
in
psychology
that
I
have
put
to
use
as
a
successful
litigation
consultant.
It’s
now
my
job
to
help
my
clients
identify
the
biases
at
work
in
the
law

such
as
caregiver
bias
or
bias
against
mothers

and
know
now
to
respond.
I
now
draw
on
my
personal
experiences,
my
training,
and
that
gift
of
creativity.
Yes,
as
a
trial
consultant,
I
train
my
clients
to
view
facts
and
statistics
logically.
As
a
woman
and
mother,
I
also
train
my
clients
to
use
that
logic
in
creative
ways
to
their
advantage.




IMG_0757Shari
Belitz
is
a
nationally
recognized
litigation
consultant,
keynote
speaker,
best
selling
author,
and
CEO
of
Shari
Belitz
Communications,
LLC. 
Shari’s
litigation
consulting
helps
civil
defense
lawyers
achieve
favorable
litigation
outcomes
using
psychology.
Prior
to
her
litigation
consulting
career,
she
worked
in
private
practice
and
in-house,
handling
complex
mass
tort
lawsuits. 
While
working
as
an
attorney,
Shari
pursued
a
graduate
certification
in
forensic
psychology.
She
is
also
mom
to
twins.

Paragon Alumni Spotlight: Jason Leiser – Above the Law

Jason
Leiser
is
Senior
Counsel
for
Flynn
Restaurant
Group,
an
operator
of
thousands
of
franchised
restaurants
with
brand
affiliations
including
Pizza
Hut,
Wendy’s,
Applebees,
Taco
Bell,
Panera,
and
Arby’s.
He
is
also
the
co-founder
of
One
Pencil
Project,
a
nonprofit
that
conducts
education
research
and
manages
numerous
international
philanthropic
programs.

We
recently
sat
down
with
Jason
to
discuss
why
remote
work
is
game-changing
for
job
satisfaction,
how
entrepreneurial
parents
led
him
to
a
career
in
the
law,
and
how
the
flexibility
of
a
Paragon
role
allowed
him
to
operate
a
nonprofit
and
spend
four
weeks
in
Africa

all
while
still
tackling
high-level
legal
work
stateside.


Can
you
tell
us
a
little
bit
about
how
you
got
into
law
and
how
you
started
working
in
the
areas
you’re
working
in
now?

I
come
from
a
line
of
business
owners
and
entrepreneurs
on
both
sides.
My
father
was
in
the
consumer
electronics
business
when
I
was
growing
up,
but
he
sold
that
business
in
the
early
’90s
and
pivoted
into
commercial
real
estate.
I
picked
up
things
at
the
dinner
table,
both
on
the
entrepreneurial
side
and
the
real
estate
side.

These
days,
I
mostly
do
leasing
work,
but
in
my
career
I’ve
done
a
combination
of
contracts
and
commercial
real
estate.
When
I
went
to
law
school,
I
started
looking
at
different
areas
of
the
law
and
all
the
different
ways
that
you
can
make
an
impact
on
this
world,
and
that
interest
carries
through
today.

But
I
wound
up
in
an
area
that
was
most
familiar
to
me,
namely
commercial
and
real
estate
law.


After
law
school,
what
was
your
general
career
progression
and
what
led
you
to
Paragon?

I
went
to
the
University
of
Connecticut
School
of
Law,
and
immediately
after
graduation
I
worked
for
a
hotel
developer
and
management
company
in
Connecticut
called
the
Waterford
Group.
It
was
an
amazing
experience.
They
had
about
30
hotels
that
they
operated,
many
of
which
they
also
owned.
I
was
the
only
attorney
in-house
and
it
exposed
me
to
an
enormous
variety
of
commercial
work.
I
partnered
with
some
outside
counsel
who
were
mentors
to
me.

I
ultimately
decided
to
leave
the
Connecticut
area
and
got
an
opportunity
with
eBay,
which
brought
me
out
to
Salt
Lake
City.
I
was
supporting
their
global
real
estate
team,
and
also
provided
counsel
to
the
team
managing
eBay’s
global
infrastructure
and
data
centers.
I
performed
a
variety
of
roles
on
a
contract
basis
until
just
after
the
pandemic
hit.

Someone
from
Paragon
reached
out
to
me

I
was
pretty
happy
doing
what
I
was
doing,
but
I
was
really
interested
to
see
what
types
of
opportunities
they
had
and
was
actually
very
impressed
with
the
level
of
sophistication
and
the
types
of
roles
that
were
available.
They
had
an
enormous
demand
for
people
who
have
my
skill
set,
and,
within
a
couple
of
weeks,
I
had
several
interviews.


What
was
it
about
Paragon
that
made
you
think
it
would
be
a
good
fit?

In
addition
to
looking
for
fulfilling
professional
work,
I
needed
the
flexibility
to
travel
and
work
remotely.
About
four
years
ago,
my
former
partner
and
I
created
a
nonprofit
organization
called
One
Pencil
Project,
and
it
was
really
important
to
me
to
be
able
to
spend
time
on
that.
Paragon
was
able
to
accommodate
that
requirement.

In
addition,
the
compensation
and
opportunities
were
excellent,
with
sophisticated
work
and
interesting
people.
At
the
same
time,
they
were
really
supportive
if
I
wanted
to
work
part-time
or
travel,
even
when
I
needed
to
go
to
Africa
for
four
weeks
with
my
nonprofit.

Other
employers
might
push
back
on
that,
but
Paragon
let
me
work
around
it.
They’ve
been
really
supportive
of
my
interests.


Tell
us
more
about
the
One
Pencil
Project
nonprofit.

One
Pencil
Project provides
school
supplies,
academic
scholarships,
and
other
forms
of
support
to
thousands
of
students
from
indigenous
communities
in
Namibia,
Angola,
and
Bolivia. 
The
populations
supported
are
partners
in
expansive
and
ongoing
scientific
research
being
conducted
by
members
of
the
One
Pencil
team
in
the
fields
of
anthropology,
economics,
and
psychology.


What’s
been
your
favorite
Paragon
client
or
engagement?

I’ve
only
had
two
engagements.
They’ve
both
been
real
estate-heavy,
with
interesting
leasing
work.

The
first
engagement
was
with
a
financial
services
organization. 
It
was
a
terrific
assignment
and
I
enjoyed
the
people
I
worked
with

but
it
was
a
short
term
engagement
while
someone
was
out
on
leave.
When
that
one
came
to
an
end,
it
wasn’t
even
a
couple
weeks
until
I
had
several
other
opportunities.

The
second
engagement
was
working
with
Flynn
Restaurant
Group,
and
I
later
joined
their
legal
department
full-time.


What
skills
did
you
learn
while
working
at
Paragon
that
helped
prepare
you
for
your
full-time
role?

One
of
the
most
interesting
things
about interim
support
attorney-roles and
Paragon
in
particular,
is
the
opportunity
to
work
with
several
organizations
over
a
relatively
short
period
of
time.

It’s
definitely
a
challenge
to
“helicopter”
in,
learn
institutional
operating
procedures
and
make
an
immediate
impact,
but
adapting
quickly
is
a
skill
I
am
thankful
to
have
developed.

Each
organization
has
its
own
institutional
practices,
processes,
and
procedures,
a
unique
business
model
and
risk
tolerance,
and
the
perspective
gained
is
invaluable
and
highly
transferable.


Work-life
balance
is
a
popular
topic,
especially
since
the
pandemic.
How
does
that
factor
in
your
life
and
what
are
some
of
your
interests
outside
of
work?

I
think
the
paradigm
is
probably
changing,
and
people’s
expectations
are
a
little
bit
different
than
they
were
pre-Covid.

I’ve
been
fortunate
to
work
remotely
in
Mexico
for
about
six
weeks,
in
Israel
for
a
couple
weeks,
and
a
few
months
in
New
Mexico,
in
addition
to
going
to
Namibia.
It’s
a
privilege
and
one
I
don’t
take
lightly.

Paragon
and
my
clients
always
knew
where
I
was
and
that
my
work
would
always
be
done
to
the
same
high
level.

In
addition
to
my
nonprofit,
I
love
exploring
the
Mountain
West.
I
spend
a
lot
of
time
hiking
and
biking.
I
also
enjoy
traveling
and
spending
time
with
friends
and
family.


How
do
you
see
the
legal
industry
evolving
in
what
will
likely
be
a
workflow
that
includes
some
remote
component?

I
think
the
quality
of
life
you
get
with
remote
work
is
game-changing

The
legal
industry
has
had
some
bumps
in
the
road
as
far
as
work/life
balance
goes,
and
some
firms
are
notorious
for
not
having
it.
I
think
as
that
changes,
the
industry
can
attract
more
people
to
the
field.

I
do
also
see
the
flip
side
of
it,
as
employers
are
concerned
about
how
they
can
build
connection
and
loyalty
through
remote
work,
so
there
needs
to
be
a
balance.

We
might
need
to
come
up
with
new
and
innovative
ways
to
really
create
a
connection
between
people
who
are
not
sharing
the
same
physical
space.

I
think
that’s
an
interesting
and
challenging
question,
given
the
enormous
amount
of
uncertainty
in
the
economy,
with
changes
in
the
stock
market
and
the
rise
in
interest
rates.
How
much
are
employers
going
to
be
investing
in
new
talent?

That
may
lead
to
even
more
Paragon-type
work
environments
or
more
temporary
and
contract-based
work.

I’m
hopeful
that
the
work
I’m
currently
doing
is
recession-proof,
but
in
the
real
estate
realm,
I
think
it’ll
be
interesting
to
see
how
office
space
settles
out
as
the
paradigm
shifts
to
more
remote
work.

What
does
office
space
look
like
going
forward?
We
should
have
a
clearer
answer
to
that
in
the
coming
year.


Paragon
is
a
premier
legal
services
firm
providing
interim
in-house
counsel
to
leading
corporate
legal
departments.



Contact
us
to
learn
more

about
Paragon
and
our
attorneys.

Harvard Helps Preserve Slave Quarters As Part Of Reckoning With Its Law School’s History – Above the Law

Harvard,
like
Yale,
Columbia,
and
several
other
Ivy
League
institutions,
have
made
profits
from
chattel
slavery.
As
archival
work
reveals
the
depths
of
the
injustice
and
profit
gained
from
the
darker
chapters
of
our
history,
Harvard
has
committed
to
educating
the
public
about
its
complicated
legacy.
And
this
commitment
isn’t
just
kind
words
and
kneeling
in
Kente
cloth

they’re
putting
their
money
where
their
ethics
are.
From
Reuters:

Isaac
Royall
Jr
made
a
donation
to
Harvard
College
in
1781
that
would
help
establish
its
now
famous
law
school.

It
was
money
generated
from
the
toil
of
slaves.
Royall
was
the
largest
slaveholder
in
Massachusetts,
and
upwards
of
60
men,
women
and
children
were
forced
to
work
on
his
plantation
there.

On
Wednesday,
the
law
school
said
it
is
launching
a
new
initiative
to
examine
the
role
slavery
played
in
its
founding
and
help
preserve
the
Royall
family’s
home
and
plantation,
as
a
way
to
educate
the
public
and
Harvard
students.

This
is
part
of
an
ongoing
commitment
Harvard
has
made
to
attempting
to
clean
the
stain
of
slavery
from
its
reputation.
Harvard
has
moved
through
several
stages
in
their
aim
to
offer
redress
to
their
complicated
history.
They
began
to
give
serious
thought
to

changing
their
slave-owner-honoring
crest
back
in
2016
.
In
2021,

they
committed
to
and
implemented
a
new
design

that
didn’t
have
the
markings
of
chattel
as
part
of
the
pretty-making. 
Much
better
response
than

Ben
Affleck’s
response
of
trying
to
sweep
history
under
the
rug
.
And

McGraw
Hill

for
that
matter.
Academics
that
they
are,
Harvard
actually
released
a
130-page
report
to
the
public
that
details
their
historical
relationship
to
slavery.
The
discoveries
therein
formed
part
of
the
basis
for
their
decision
to

pledge
$100M
to
begin
atonement
.
Said
pledge
may
be
what
provided
a
very
nice
donation
to
a
museum
dedicated
to
preserving
some
of
the
few
slave
quarters
remaining
from
chattel
slavery.

Harvard
will
collaborate
with
the
Royall
House
and
Slave
Quarters

a
museum
in
Medford,
Massachusetts
that
is
among
the
last
freestanding
quarters
where
enslaved
people
lived
in
the
north

to
conduct
research
and
collaborate
on
educational
programming.
It
will
also
donate
$500,000
to
the
museum
for
its
operations
and
preservation
of
its
historic
buildings.

“Our
community
has
for
a
number
of
years
grappled
with
the
painful
history
associated
with
the
Law
School’s
founding,”
law
dean
John
Manning
said
in
a
statement.

Their
decision
to
grapple
with
this
painful
history
is
laudable.
Maybe
a
couple
of
years
from
now
Harvard
will
look
into
making
amends
for
the
two
teachers
who
had
their
Crim
Law
students
create
copaganda
as
a
requirement
for
passing.
Copaganda
has
had
detrimental
effects
on
the
Black
community

it’s
part
of
why
we’re
in
a
situation
where
the
police
can
beat
your
ass,
steal
your
child
for
a
photo-op,
and
the
image
would
be
shared
on
the
internet
as
part
of
a
feel-good
story.
This
isn’t
a
hypothetical
by
the
way;

that
shit
actually
happened
.

If
you’d
like
to
learn
more
about
this
particular
setting
right
in
the
meantime,
you
can
discover
more
about
the
Royall
House
here:


Harvard
Law
Partners
With
Plantation
Tied
To
‘Painful’
Slavery
Past

[Reuters]


Earlier
:

Harvard
Law
School
Takes
A
Scythe
To
Its
Wheat
Crest


Harvard
Commits
$100M
To
Begin
Addressing
The
Whole
‘Major
Benefiter
From
Enslavement’
Thing


Harvard
Law
Professors
Caught
Using
Final
Exams
To
Outsource
Copaganda



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
cannot
swim, a
published
author
on
critical
race
theory,
philosophy,
and
humor
,
and
has
a
love
for
cycling
that
occasionally
annoys
his
peers.
You
can
reach
him
by
email
at cwilliams@abovethelaw.com and
by
tweet
at @WritesForRent.