Doctor barred over blood transfusion beliefs fails in appeal

HARARE

The
High
Court
has
struck
off
the
roll
a
constitutional
challenge
by
Harare-based
medical
practitioner
Dr
Seleman
Saidi,
who
was
banned
from
general
practice
because
his
faith
forbids
him
from
administering
blood
transfusions.

Justice
Samuel
Deme
ruled
that
Saidi’s
application
was
“premature”
and
that
he
should
have
first
pursued
the
normal
appeal
process
provided
under
the
Health
Professions
Act
before
turning
to
constitutional
litigation.

“The
applicant
ought
to
have
exhausted
the
appeal
procedure
before
resorting
to
the
constitutional
remedy,”
Justice
Deme
said.
“The
present
application
was
prematurely
instituted
before
exhausting
other
legal
remedies.”

Dr
Saidi
had
sued
three
respondents

the
Medical
and
Dental
Practitioners’
Council,
the
Health
Professions
Authority
of
Zimbabwe,
and
the
Minister
of
Health
and
Child
Care.


He
was
represented
by
Professor
Lovemore
Madhuku,
while
Advocate
Tawanda
Zhuwarara
appeared
for
the
first
and
second
respondents.
The
third
respondent
did
not
participate
in
the
proceedings.

Dr
Saidi,
a
registered
doctor,
was
disciplined
by
the
Medical
and
Dental
Practitioners’
Council
and
the
Health
Professions
Authority
after
refusing
to
perform
or
authorise
blood
transfusions
on
religious
grounds.

Following
a
disciplinary
hearing,
the
two
bodies
found
him
guilty
of
unprofessional
conduct
and
restricted
his
work
to
public
health,
forensic
pathology
and
histopathology.

Saidi
then
turned
to
the
High
Court,
arguing
that
the
decision
infringed
his
constitutional
rights
to
freedom
of
conscience
(Section
60)
and
freedom
to
choose
and
carry
on
a
profession
(Section
64).

Through
his
lawyer,
Professor
Madhuku,
Saidi
argued
that
his
beliefs
about
the
sanctity
of
blood
were
protected
by
the
Constitution
and
that
he
should
be
allowed
to
continue
general
medical
practice
as
long
as
he
referred
patients
needing
transfusions
to
other
doctors.

“The
applicant
maintains
his
belief
that
blood
is
sacred
and
therefore
he
would
not
order
or
administer
blood
transfusions,”
Madhuku
argued,
insisting
his
client’s
stance
should
not
cost
him
his
licence.

Justice
Deme
agreed
with
Advocate
Zhuwarara,
who
argued
that
Saidi
should
have
appealed
the
council’s
decision
under
Section
128
of
the
Health
Professions
Act
instead
of
immediately
filing
a
constitutional
application.

Zhuwarara
invoked
the
principle
of
subsidiarity,
which
holds
that
a
litigant
must
use
existing
legal
remedies
before
invoking
constitutional
provisions.

“It
is
the
settled
position
of
our
law
that
where
there
exist
other
remedies,
a
litigant
may
not
approach
a
court
on
a
constitutional
basis
and
ignore
the
remedies
at
his
disposal,”
the
judge
quoted
from
a
previous
Constitutional
Court
ruling.

Justice
Deme
said
the
appeal
route
was
“more
effective”
because
it
allowed
the
court
to
directly
review
the
disciplinary
authority’s
decision,
while
still
preserving
Saidi’s
right
to
escalate
the
matter
later
if
necessary.

“The
appeal
procedure
is
more
effective
in
my
view,
as
it
allows
the
court
to
directly
deal
with
the
issues
which
arose
from
the
second
respondent’s
decision,”
the
judge
said.
“After
exhausting
all
appeal
mechanisms,
he
may
then
lodge
a
constitutional
application
with
the
Constitutional
Court.”

The
court
also
criticised
Saidi’s
unexplained
decision
to
withdraw
an
earlier
appeal,
noting
that
his
reasons
were
vague
and
unconvincing.

“The
reason
for
his
abandonment
of
the
appeal
mechanism
remains
a
mystery,”
Justice
Deme
said.
“In
the
absence
of
further
amplification,
one
wonders
why
the
appeal
procedure
was
abandoned
in
favour
of
the
constitutional
remedy
which
is
more
rigorous.”

Ultimately,
the
court
found
that
Section
85(2)
of
the
Constitution,
which
guarantees
access
to
courts,
could
not
override
the
subsidiarity
principle,
and
that
the
matter
must
first
be
handled
through
existing
statutory
channels.

The
application
was
therefore
struck
from
the
roll,
with
no
order
as
to
costs,
as
the
judge
noted
the
case
involved
constitutional
issues
of
public
interest.

“This
is
a
constitutional
matter
which
does
have
a
bearing
on
the
public
interest.
An
order
that
there
shall
be
no
order
as
to
costs
is
appropriate
in
the
circumstances,”
he
ruled.

The
ruling
means
Dr
Saidi
remains
barred
from
general
medical
practice
and
must
first
challenge
the
disciplinary
decision
through
the
Health
Professions
Authority’s
appeal
process
before
pursuing
constitutional
remedies.

The High Cost Of Not Watching Your Wallet: A Tax Cautionary Tale – Above the Law

Just
before
the
2024
tax
return
filing
deadline,
someone
reached
out
to
me
because
he
was
facing
a
very
large
tax
bill.
I
asked
him
why
this
happened,
and
he
said
it
was
because
he
made
more
money
than
he
thought
and
apparently
didn’t
make
enough
estimated
tax
payments
or
withholdings
from
his
paycheck.

While
I
suspected
that
his
income
“problem”
could
be
better
addressed
by
a
financial
advisor,
I
thought
my
experience
assisting
people
with
tax
problems
could
help.

So
I
asked
him
a
few
questions
about
his
finances.
He
is
self-employed
but
makes
a
point
to
save
a
percentage
of
his
earnings
for
taxes.
He
also
spends
less
than
he
earns.
So
far
so
good.

I
then
asked
him
how
often
he
checks
his
bank
account
and
his
cash
flow.
He
says
that
he
used
to
check
his
bank
account
regularly
but
now
only
does
so
periodically.
He
said
that
looking
at
his
bank
account
sometimes
made
him
feel
nervous.

I
next
asked
him
how
he
calculated
his
gross
income.
He
said
that
he
downloaded
a
spreadsheet
from
his
bank
account
and
added
up
all
of
his
deposits.
I
asked
him
if
he
was
sure
all
of
those
deposits
were
income
as
opposed
to
loan
payments,
reimbursements
or
transfers
from
another
account.

I
finally
asked
him
how
his
income
tax
bill
became
so
high.
He
said
that
in
addition
to
being
in
higher
income
tax
brackets,
he
also
lost
deductions,
and
had
to
pay
the

net
investment
income
tax
.

To
top
it
off,
his
new
income
made
him
ineligible
for
the
health
insurance

tax
credit

and
he
had
to
pay
back
the
subsidy
through
his
income
tax
return.
In
most
cases,
the
subsidy
amounts
to
a
few
hundred
dollars
per
month
to
cover
a
portion
or
all
of
the
monthly
health
insurance
premiums.
So
paying
back
the
subsidy
could
result
in
several
thousand
dollars
being
added
to
your
tax
bill,
usually
when
you
least
expect
it.

Since
it
is
mid-October,
I
asked
if
his
2025
income
will
be
the
same
or
close
to
his
2024
income.
And
he
said
yes.
This
presents
another
potential
problem
because
not
only
will
he
have
to
pay
the
2024
tax,
he
will
also
have
to
make
enough
tax
deposits
for
2025
so
he
won’t
get
another
big
bill
next
April.
If
he
can’t
pay
both
bills,
I
generally
recommend
that
he
pay
estimated
taxes
for
2025
and
pay
down
2024
in
installments.

On
the
one
hand,
the
guy
I
talked
to
didn’t
pay
attention
to
his
finances
as
often
as
he
should.
If
he
knew
about
his
growing
income
earlier,
maybe
he
could
have
made
some
tax-deductible
purchases
to
lower
his
tax
bill.
But
it’s
easy
for
Monday
morning
quarterbacks
to
tell
someone
to
pay
more
attention
to
how
he
uses
his
money.
But
thinking
about
money
(or
lack
of
it)
can
make
people
indecisive
or
even
generate
stress.

On
the
other
hand,
he
is
also
a
victim
of
an
overly
complex
tax
system.
He
got
hit
with
a
huge
tax
bill
because
his
income
put
him
in
a
higher
tax
bracket
and
made
him
ineligible
for
deductions
and
credits
available
to
low-income
and
middle-class
taxpayers.
No
one
knows
all
of
the
tax
rules
so
many
people
probably
missed
out
on
a
deduction
or
two.
That
may
not
be
a
bad
thing
because
if
everyone
took
advantage
of
every
available
deduction,
Congress
may
need
to
pass
new
tax
rules
similar
to
the
Alternative
Minimum
Tax.

Hopefully,
the
guy’s
unusually
high
tax
bill
will
serve
as
a
reminder
to
be
financially
vigilant.
 




Steven
Chung
is
a
tax
attorney
in
Los
Angeles,
California.
He
helps
people
with
basic
tax
planning
and
resolve
tax
disputes.
He
is
also
sympathetic
to
people
with
large
student
loans.
He
can
be
reached
via
email
at





[email protected]
.
Or
you
can
connect
with
him
on
Twitter
(
@stevenchung)
and
connect
with
him
on 
LinkedIn.

San Francisco DA Warns National Guard They Can’t Beat On People And Get Away With It – Above the Law

Our
likely-not-heaven-bound
Supreme
Leader
has
been
trying
to
lay
down
the
framework
he
needs
to
invoke
the
Insurrection
Act
and
step
all
over
states’
rights.
But
it
is
hard
to
believe
things
are
nearly
as
dire
as
he’s
making
things
out
to
be.
Portland
is
way
more
overrun
with
nude
bicyclists
and
craft
beer
than
it
is
with
crime,
no
matter
how
often
the
administration
tries
to
paint
a
different
picture.
Some
of
the
most
important
non-cooperation
has
come
from

Portland’s
Mayor
.

Portland
isn’t
the
only
city
fighting
back
against
Trump’s
threats
to
deploy
the
national
guard.
San
Francisco
was
also
targeted

and
their
DA
is
ready
to
remind
the
National
Guard
that
none
of
them
are
above
the
law.

Politico

has
coverage:

San
Francisco’s
top
cop
suggested
she’d
consider
bringing
excessive
force
or
other
charges
against
troops
deployed
by
Donald
Trump
to
her
city,
an
unprecedented
and
legally
questionable
move
as
the
conflict
between
the
president
and
Democrats
in
California
escalates.

Brooke
Jenkins,
the
city’s
district
attorney
and
a
moderate
Democrat,
told
Playbook,
“If
I
believe,
and
have
conviction,
that
we
can
meet
our
burden
and
charges
are
appropriate,
that
I
won’t
hesitate
to
do
so.”

Three
cheers
for
not
obeying
in
advance!
Strong
states
and
cities
are
meant
to
function
as
a
layer
of
protection
from
a
power-hungry
federal
government,
but
that
is
only
reliable
if
cities
and
states
are
actually
willing
to
draw
lines
in
the
sand
and
confront
legal
hurdles
as
they
pop
up.
San
Fran
looks
positioned
to
do
just
that.


San
Francisco
DA
Says
She
‘Won’t
Hesitate’
To
Bring
Charges
Against
Federal
Agents

[Politico]



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.

As Typepad Shuts Down, LexBlog Launches Rescue Operation To Save Nearly 600,000 Legal Blog Posts

When
blogging
platform
Typepad

announced
in
August

that
it
would
shut
down
on
Sept.
30,
2025,
it
threatened
to
erase
decades
of
legal
blog
posts
that
formed
a
body
of
scholarship
and
commentary.
In
response,
legal
blogging
platform

LexBlog

mounted
an
emergency
rescue
operation
that
has
preserved
579,162
legal
blog
posts
and
migrated
more
than
150
Typepad-hosted
sites,
pushing
the
LexBlog’s
library
past
one
million
preserved
posts.

The
effort
has
saved
not
just
the
content
itself,
but
an
important
piece
of
the
legal
profession’s
intellectual
history,
the
company
says,
insofar
as
blog
posts
serve
as
secondary
legal
sources,
capturing
practitioner
insights,
academic
analysis,
and
professional
commentary
that
lawyers
and
researchers
continue
to
rely
on.

For
example,
the
effort
saved
some
224,000
posts
from
51
blogs
that
were
part
of
the

Law
Professor
Blog
Network

(LPBN),
and
gave
16
of
those
blogs
a
new
home
on
the
LexBlog
platform.

As
LexBlog
CEO

Kevin
O’Keefe

put
it,
the
rescue
effort
was
about
preserving
an
essential
part
of
the
legal
record.

“Law
blogs
represent
an
essential
part
of
secondary
law,
capturing
commentary
and
analysis
that
lawyers,
academics
and
the
public
rely
upon,”
O’Keefe
said.
“When
Typepad
announced
its
shutdown,
we
knew
the
risk
of
losing
decades
of
this
legal
insight
and
commentary
from
practitioners,
academics
and
other
legal
professionals
was
real

and
unacceptable.
Preserving
it
wasn’t
just
a
service
to
authors,
it
was
a
service
to
the
law
itself.”

O’Keefe
credited
his
team
and
technology
platform
for
making
the
ambitious
project
possible.
“This
rescue
effort
reflects
the
dedication
and
talent
of
my
teammates
backed
by
the
strength
of
our
technology
platform.
In
this
project
alone
we
preserved
roughly
300,000
posts

pushing
the
LexBlog
network
past
one
million
preserved
legal
blog
posts
and
articles
in
total

and
gave
new
homes
to
leading
voices
in
the
profession.”

The
Numbers

LexBlog’s
preservation
work
encompassed
three
main
areas:


Law
Professor
Blog
Network
(LPBN):

The
company
secured
exports
for
51
blogs
from
the
LPBN,
representing
more
than
224,000
posts.
Of
these,
16
professors
have
already
transitioned
to
LexBlog’s
Stoddard
platform,
with
approximately
154,000
posts
now
live.
The
group
includes
faculty
from
major
universities
including
Pepperdine,
Texas
Tech,
Notre
Dame,
Yale
and
the
University
of
South
Carolina.


Attorney
blogs:

LexBlog
migrated
11
law
blogs
from
practicing
attorneys
and
law
firms,
totaling
35,162
posts.
These
include
blogs
from
firms
such
as
Sills
Cummis
&
Gross,
Dinsmore
&
Shohl
LLP,
and
Damon
Key
Leong
Kupchak
Hastert,
as
well
as
individual
practitioners.


Rescue
crawl:

For
more
than
100
non-LPBN
blogs
where
LexBlog
could
not
obtain
direct
login
access,
the
company
preserved
more
than
320,000
posts
via
targeted
web
scraping,
then
backfilled
images
and
PDFs
for
high-value
titles.

The
dual-track
approach
of
direct
exports
plus
rescue
crawling
resulted
in
minimal
expected
content
loss.

How
the
Rescue
Was
Done

According
to
LexBlog,
the
company
mobilized
a
three-phase
plan
of
discovery,
outreach
and
migration,
prioritizing
LPBN
sites
alongside
individual
legal
publishers.
Where
exports
were
available,
LexBlog
imported
the
archives;
when
they
were
not,
its
engineers
ran
a
rescue
crawl
to
capture
posts,
then
backfilled
images
and
PDFs
for
high-value
titles.

The
content
it
was
able
to
preserve
then
landed
on
either
new
LexBlog
sites
or
on
the
company’s
Open
Legal
Blog
Archive
to
maintain
public
access

To
minimize
downtime,
LexBlog
stood
up
pre-live
sites
on
its
WordPress-based
platform
so
authors
could
keep
publishing
while
their
archives
were
being
imported.
LPBN
blogs
received
standardized
branding
and
a
domain
pattern
that
enables
custom
domains
post-launch.

The
response
from
the
legal
community
reflected
the
stakes
involved.
According
to

Brian
Biddle
,
LexBlog’s
head
of
design
and
product,
one
professor
wrote,
“Thank
you
for
taking
refugees!”
Another
said
they
would
be
moving
their
blog
“in
sackcloth
and
ashes
before
the
passing
of
the
LPBN.”

“The
response
from
the
legal
community
has
been
encouraging

editors
are
grateful,
and
leaders
across
the
profession
recognize
the
importance
of
safeguarding
these
voices,”
Biddle
said.
“Together
we’re
ensuring
that
legal
commentary
which
might
otherwise
disappear
remains
accessible
for
generations
to
come.”

Not
Everyone
Moved


Paul
L.
Caron
,
dean
of
Pepperdine
University’s
Caruso
School
of
Law,
and
the
founder
and
owner
of
the
LPBN,
told
me
that
his
popular
TaxProf
Blog
is
not
among
those
that
will
move
to
LexBlog’s
publishing
platform.

He
told
me
that
he
will
have
further
news
about
the
future
of
his
blog
sometime
soon.

What’s
Next

As
noted,
a
number
of
former
Typepad
blogs
are
now
live
and
publishing
on
LexBlog,
with
additional
sites
rolling
out.
Post-launch
work
includes
quality
assurance
to
normalize
formatting,
targeted
media
backfill,
and
SEO
setup
with
sitemaps
and
search
console
registration.

LexBlog
also
presented
a
WordPress
training
session
for
LPBN
editors
and
authors,
which
was
recorded
for
reuse,
and
plans
to
present
additional
training
sessions.
The
company
envisions
establishing
a
dedicated
LPBN
Publishing
Network,
potentially
integrated
with
a
Law
School
Blog
Network
currently
under
discussion,
transforming
the
rescue
effort
into
a
living
community
of
law
professors
and
scholars
publishing
together.

In
a

LinkedIn
post

last
month,
O’Keefe
noted
that
the
community
response
to
Typepad’s
shutdown
stood
in
contrast
to
much
of
today’s
legal
content
creation.
“It’s
refreshing,
in
a
time
when
so
much
online
publishing
by
lawyers
and
law
firms
is
reduced
to
‘content
marketing’
for
search
performance
and
analytics,
to
see
legal
professionals
circle
the
wagons
around
publishing
for
its
real
value,
the
law
itself,”
he
said.

Acclaimed Civil Litigator Earns Unlikely Spot On Criminal Defense Ranking – Above the Law

Roberta
Kaplan
(Photo
by
Slaven
Vlasic/Getty
Images
for
HBO)



Ed.
note
:
Welcome
to
our
daily
feature,

Quote
of
the
Day
.


While
I
don’t
practice
criminal
(only
civil)
law,
I
do
have
an
aversion
to
bullies
and
so
I
am
honored
to
be
ranked
so
highly
on
a
list
of
people
to
call
if
you
are
in
trouble.





Renowned
litigator

Roberta
Kaplan
,
in
comments
given
to

Bloomberg
Law
,
after
she
placed
third
in
a
survey
regarding
the
attorney
readers
would
call
if
they
found
themselves
in
white-collar
legal
trouble.
Quinn
Emanuel’s

Alex
Spiro
,
lawyer
to
the
stars,
came
in
first
place.


Staci Zaretsky




Staci
Zaretsky
 is
the
managing
editor
of
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.

Overcoming Your Fear Of Spiders, Snakes, And Public Speaking – Above the Law

For
years,
I
dreaded
public
speaking.
Not
just
speaking
in
front
of
large
audiences,
but
also
in
front
of
small
ones.
In
fact,
I
hated
any
social
setting
where
I
had
to
interact
with
anybody.
You
know
that
icebreaker
when
you
go
around
the
room
and
you
introduce
yourself
and
say
something
interesting
or
funny
about
yourself?
That
would
send
me
into
a
full-fledged
panic
attack.

I
realized,
as
a
litigator
and,
more
importantly,
as
a
trial
lawyer,
that
I
had
to
overcome
my
fear
of
interacting
with
others
and
learn
to
communicate
in
all
public
settings.
Before
I
describe
my
approach
on
how
I
went
from
then
to
now,
let’s
briefly
discuss
behavioral
modification. 

Let’s
assume
you’re
afraid
of
spiders.
You
see
a
behavioral
psychologist,
and
you
tell
her
that
you
want
to
overcome
your
fear
of
spiders
(arachnophobia).
The
psychologist
will
guide
you
through
a
series
of
steps,
where
in
each
step,
you
will
have
increasing
exposure
to
your
fear
until
you
learn
to
live
with
it
or
overcome
it. 

During
your
first
session
with
the
psychologist,
she
may
show
you
a
book
with
a
photo
of
a
spider.
The
following
week,
she
may
pull
up
a
video
on
her
laptop
for
you
to
watch
a
spider.
The
following
week,
the
psychologist
may
ask
you
to
visit
a
local
pet
store
and
observe
a
spider
in
a
glass
cage.
The
following
week,
the
psychologist
may
bring
a
spider
in
a
container
for
you
to
look
at.
The
following
week,
the
psychologist
may
open
the
container
and
ask
you
to
take
a
close
look
inside.
And
the
week
after,
the
psychologist
may
pick
up
the
spider
and
put
it
in
your
hand.
The
following
week,
the
psychologist
may
ask
you
to
buy
a
spider
as
a
pet
and
keep
it
at
home.
The
idea
behind
this
approach
is
that
each
successive
week,
you
are
exposed
to
the
next
level
or
layer,
getting
closer
to
the
thing
you
fear,
and
dealing
with
it
more
directly
until
you
can
confront
it
or
the
fear
dissipates.

The
same
approach
applies
to
public
speaking.
I
used
this
method
when
I
transitioned
from
being
terrified
of
any
social
interaction
to
confidently
speaking
in
front
of
hundreds
of
people
every
week.
This
transformation
is
a
testament
to
the
power
of
incremental
steps
in
overcoming
fear. 

I
started
my
journey
in
public
speaking
with
private
setting
opportunities

namely,
meeting
someone
for
coffee.
I
had
multiple
coffee
meetings
over
the
course
of
a
year
before
I
started
volunteering
to
speak
publicly.
This
one-on-one
session
helped
me
become
comfortable
sitting
across
from
someone,
engaging
in
conversation,
learning
about
and
appreciating
body
language,
and
improving
my
overall
communication
skills. 

From
there,
I
started
doing
webinars.
I
could
do
them
in
the
privacy
of
my
own
office,
and
I
didn’t
have
to
stand
in
front
of
an
audience.
I
could
rely
on
PowerPoint
or
notes
without
the
audience
appreciating
that
I
was
doing
just
that. 

I
graduated
from
webinars.
I
started
doing
podcast
interviews,
where
I
was
the
guest
of
honor.
It
was
generally
casual,
didn’t
require
much
preparation,
and
it
got
me
used
to
speaking
in
the
setting,
which
would
be
recorded
and
then
heard
by
others.
 

And
then
I
started
doing
presentations
in
small
settings
in
front
of
groups
that
I
considered
safe.
In
front
of
my
church,
Sunday
school
classes,
and
other
groups,
where
it
didn’t
really
matter
how
I
looked
or
how
I
came
across

these
were
safe
spaces.
 

And
then
I
started
giving
presentations,
where
I
moderated
the
panel,
which
relieved
some
of
the
pressure.
I
eventually
became
a
panelist
on
a
panel
and
then
a
solo
speaker
to
the
audience. 

And
then
I
started
giving
numerous
presentations,
where
I
would
speak
to
dozens,
then
hundreds,
of
people
as
a
keynote
speaker,
often
for
over
an
hour,
two
hours,
or
even
three
hours. 

Today,
I
have
delivered
over
500
presentations,
both
virtually
and
in
person,
hosted
over
100
webinars,
and
been
a
guest
on
more
than
100
additional
webinars.
And
it
all
started
with
just
having
coffee
with
someone.

So,
whatever
fear
you
have,
whether
it’s
public
speaking
or
something
else,
start
on
the
periphery
of
that
fear
and
work
your
way
towards
the
heart
of
it,
tackling
it
one
step
at
a
time.
As
you
progress,
you’ll
move
further
into
the
fear
and
closer
to
its
center,
taking
on
the
fear
head-on.
 That’s
how
you
overcome
every
fear.

Remember,
overcoming
a
phobia
is
like
eating
an
elephant,
one
bite
at
a
time.
Start
with
the
easiest
aspects
of
the
phobia
and
progressively
work
towards
the
more
challenging
elements.
Eventually,
you’ll
learn
to
live
with
fear
or
overcome
it,
and
either
way,
you’ll
be
in
control
and
closer
to
where
you
want
to
be.




Frank
Ramos
is
a
partner
at
Goldberg
Segalla
in
Miami,
where
he
practices
commercial
litigation,
products,
and
catastrophic
personal
injury. You
can
follow
him
on LinkedIn,
where
he
has
about
80,000
followers
.

SCOTUSblog Founder Headed To Trial – Above the Law

Earlier
this
year,
SCOTUSblog
co-founder
and
veteran
Supreme
Court
litigator
Tom
Goldstein
was arrested
on
a
22-count
indictment
 alleging
tax
crimes
and
making
false
statements
to
lenders.
According
to
the
government,
Goldstein
participated
in
high-stakes
poker
games
and
failed
to
disclose
his
winnings
(in
tax
filings)
and
losings
(in
loan
applications).

Over
the
course
of
several
years,
the
indictment
says
that
Goldstein
racked
up
big
winnings
and
bigger
losses
in
high-stakes
underground
poker
matches,
both
domestically
and
abroad.
By
the
time
of
the
alleged
loan
fraud,
the
indictment
says
Goldstein
was
millions
in
debt.
And
while
he
didn’t
report
all
his
gambling
income,
a
good
deal
of
the
tax
problems
revolve
around
using
the
firm,
Goldstein
&
Russell,
to
move
money
from
firm
accounts
to
pay
personal
gambling
debts.
Plus
some
extra
personal
and
financial
shenanigans,
wherein
Goldstein
allegedly
paid
mistresses
as
employees
to
do
nonexistent
work.

Now,
according
to

an
order

entered
earlier
this
week,
District
Court
of
Maryland
Judge
Lydia
Kay
Griggsby
rejected
Goldstein’s
arguments
that
the
tax
evasion,
willful
failure
to
pay
taxes,
and
two
counts
of
aiding
and
assisting
in
the
preparation
of
a
fraudulent
tax
return
charges
he
faces
are
time
barred.

As

reported
by

Bloomberg
Law:

But
the
government
obtained
several
tolling
orders
because
Goldstein
spent
“hundreds
of
days
travelling”
outside
the
country,
Griggsby
said.
The
question
of
whether
the
statute
of
limitations
was
actually
tolled
due
to
Goldstein’s
time
abroad
is
for
a
jury
to
decide,
the
judge
added.

Goldstein
also
suffered
another
legal
loss
when
the
judge
ruled
statements
he
made
to
US
Customs
and
Border
Protection
officers were
admissible.
In
2018,
Goldstein
told
Customs
the $968,000
in
cash he
carried
was
gambling
winnings.
He
later
told
the
IRS
that
cash
constituted
loans.




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].

How To Plan Your Parental Leave Without Tanking Your Career – Above the Law

(Image
via
Getty)



Ed.
note
:
This
article
is
part
of
Parental
Leave
&
The
Legal
Profession,
a
special
series
for
Above
the
Law
that
explores
the
realities
of
parental
leave
and
return-to-work
in
law
firms.
From
planning
leave
to
reintegration,
from
the
role
of
managers
to
the
mental
load
of
Biglaw
parents,
these
articles
bring
research,
clinical
insight,
and
practical
strategies
to
help
lawyers
and
the
firms
that
employ
them
navigate
one
of
the
most
critical
transitions
of
their
careers.

For
Alison,
while
her
pregnancy
filled
her
with
excitement,
the
idea
of
sharing
it
at
her
firm
filled
her
with
dread.
She
worried
about
how
she
would
be
perceived
and
the
assumptions
that
others
would
make
about
her
dedication
to
the
firm.
She
wanted
to
wait
as
long
as
possible
to
share
her
news.
Would
waiting
until
she
delivered
be
too
late? 

For
many
lawyers,
the
months
before
parental
leave
are
marked
not
just
by
excitement
about
a
growing
family,
but
by
a
gnawing
anxiety:

How
will
I
navigate
this
alongside
my
career?

Even
at
firms
with
generous
leave
policies,
many
lawyers
fear
being
seen
as
less
invested
as
soon
as
they
share
the
news
that
they
are
expecting.
They
worry
about
client
continuity,
missing
out
on
key
matters,
or
being
sidelined
when
they
return.The
pressure
to
demonstrate
commitment
can
make
planning
for
leave
feel
like
a
high-stakes
negotiation.

In
other
articles
for
this
series,
we
focus
on
firm-wide
changes
to
policy
and
culture,
but
this
month
we’ll
discuss
what
individuals
can
do
when
THEY
are
the
one’s
going
on
leave.
Individuals
cannot
eliminate
the
motherhood
penalty
on
their
own,
but
with
foresight,
strategy,
and
boundaries,
it
is
possible
to
take
meaningful
time
away
without
hurting
your
professional
reputation
or
relationships.


1.
Start
Early
and
Be
Proactive

One
mistake
we
see
expecting
parents
make
is
waiting
until
the
last
minute
to
plan.
This
is
an
understandable
impulse,
but
earlier
notice
gives
you
more
control.
It
lets
you
create
a
robust
coverage
plan,
adjust
workloads,
and
anticipate
your
reentry.

You
don’t
need
a
full
plan
in
place
right
away.
But
more
time
gives
your
practice
group
or
team
time
to
adapt,
and
it
positions
you
as
thoughtful,
strategic,
and
reliable.
Planning
creates
a
smoother
handoff
(and
a
smoother
re-entry
when
you
return).
Clients
will
appreciate
continuity,
and
colleagues
appreciate
not
being
blindsided.

Being
proactive
also
sets
the
tone:
you’re
not
asking
for
permission,
you’re
inviting
collaboration.


2.
Clarify
Your
Priorities

Not
all
matters
are
created
equal.
Identify
which
cases,
clients,
or
projects
you
most
want
to
stay
connected
to
and
which
you
can
fully
hand
off.
Ask
yourself:

  • Where
    am
    I
    indispensable?
  • Where
    are
    opportunities
    for
    colleagues
    to
    step
    in
    and
    grow?
  • Which
    projects
    can
    I
    wrap
    up
    before
    I
    go? 

This
reflection
allows
you
to
shape
a
realistic
plan
instead
of
defaulting
to,
“I’ll
just
keep
doing
it
all
until
I
can’t.”
Again,
you
maintain
more
control:
you
can
pick
and
choose
how
to
hand
things
off
and
which
matters
are
most
important
to
you.


3.
Build
a
Coverage
Plan
That
Protects
Relationships

A
strong
coverage
plan
isn’t
just
about
dividing
work,
it’s
also
about
protecting
client
trust
and
safeguarding
your
professional
reputation.

Key
elements
include:


  • Clear
    ownership
    :
    Assign
    a
    primary
    point
    of
    contact
    for
    each
    client
    or
    matter.
    Ambiguity
    breeds
    frustration.
    Even
    as
    a
    junior
    associate,
    you
    can
    clearly
    communicate
    with
    staffing
    attorneys
    or
    partners
    on
    your
    team
    who
    will
    be
    taking
    over
    each
    element
    of
    your
    cases.

  • Warm
    handoffs
    for
    client-facing
    work,
    particularly
    relevant
    for
    partners
    :
    Introduce
    the
    covering
    lawyer(s)
    directly
    to
    clients
    before
    you
    leave,
    framing
    it
    as
    a
    strength
    of
    the
    firm’s
    team
    model
    rather
    than
    a
    gap.

  • Documentation
    :
    Provide
    status
    updates
    and
    timelines
    so
    colleagues
    can
    step
    in
    seamlessly.

Think
of
this
as
a
professional
insurance
policy:
you
want
colleagues
and
clients
to
feel
supported
and
empowered
by
how
you
exit.


4.
Manage
Expectations
With
Partners
(and
Yourself)

Many
lawyers
assume
partners
will
penalize
them
for
taking
leave.
While
cultures
vary,
the
bigger
problem
is
often
mismanaged
expectations.

Be
explicit
about
your
leave
length,
your
communication
preferences
(completely
offline?
receive
periodic
updates?),
and
your
reintegration
timeline. 

Clarity
with
boundaries
is
a
solid
management
strategy.
Vague
statements
like,
“I’m
on
leave
unless
you
really
need
me,”
blur
lines
and
lead
to
resentment.
Being
clear
with
partners
and
yourself
makes
boundaries
easier
to
hold.


5.
Protect
Your
Mental
Health

Welcoming
a
child
is
joyful
but
also
exhausting,
with
identity
shifts
and
possible
postpartum
struggles
that
deserve
care
and
support.

Even
viewed
through
the
lens
of
your
career,
it’s
important
to
acknowledge
that
you
do
need
extra
care
during
this
time.
Getting
your
(and
the
baby’s)
needs
met
will
help
you
heal,
bond,
and
grow. 

One
useful
approach
is
to
think
of
this
period
as
a
developmental
phase
rather
than
a
disruption.
Parenting
leads
to
brain
changes
and
new
skills
that
can
improve
your
performance
at
work
(more
on
this
in
a
future
article).
So
give
yourself
permission
to
take
time
and
treat
leave
as
a
pause
and
a
reset
rather
than
a
liability.


6.
Anticipate
Your
Return
Before
You
Leave

The
more
you
plan
how
you
want
to
return

before

you
leave,
the
smoother
your
return
will
be.
While
the
plan
may
change
along
the
way,
having
an
idea
of
what
your
schedule
and
re-onboarding
will
look
like
helps
everyone
know
what
to
expect.
It
can
also
be
a
guide
for
steps
to
take
as
you
end
your
leave.
Key
things
to
think
about
include:


  • Return
    schedule/Ramp-up
    phase
    :
    Would
    you
    like
    reduced
    hours?
    Are
    there
    WFH
    options?
    Do
    you
    hope
    to
    start
    mid-week?

  • Clients
    and
    cases:

    Which
    matters
    might
    need
    more
    attention
    upon
    your
    return?
    Which
    projects
    will
    carry
    the
    most
    meaning
    for
    you?

  • Reentry
    meetings
    :
    Schedule
    time
    with
    key
    clients
    and
    partners
    for
    your
    first
    weeks
    back. 

  • Support
    systems
    :
    Line
    up
    childcare,
    backup
    care,
    and
    household
    logistics
    well
    before
    your
    return
    date.
    If
    possible,
    start
    childcare
    a
    few
    days
    prior
    to
    work
    out
    any
    kinks.

This
way,
your
reentry
will
feel
intentional
rather
than
chaotic.


The
Bigger
Picture

This
article
walks
you
through
parental
leave
as
an
employee,
but
planning
parental
leave
well
isn’t
just
about
individual
lawyers

it’s
about
firm
culture.
In
the
next
article,
we’ll
turn
the
lens
to
the
other
side
of
this
equation:

the
role
of
managers
and
partners
in
supporting
leave.

Because
no
matter
how
well
an
individual
plans,
managers
are
instrumental
in
successful
leave
experiences.





Marny
Requa,
JD
 is
an
academic,
coach,
and
consultant
with
global
experience
and
gender
equity
expertise. Dr.
Anne
Welsh
 is
a
clinical
psychologist,
executive
coach,
and
consultant
with
a
specialization
in
supporting
working
parents
in
law.
Both
are
certified
RETAIN
Parental
Leave
Coaches,
engaging
a
research-backed
methodology
to
support
and
retain
employees
as
they
grow
their
families.

How Much Do Lawyers In Small And Midsize Practices Make? – Above the Law

Every
year,
Above
the
Law
surveys
solo
practitioners
and
small
firm
lawyers
about
their
compensation
for
an
annual

compensation
report
.
This
year,
we
are
asking
attorneys
who
work
in
midsize
law
firms
to
participate
as
well. 

If 
you
are
a
lawyer
at
a
firm
with
fewer
than
250
attorneys,
please


click
here

to
take
this
brief,


completely
confidential
survey
.

Feel
free
to
share
the
survey
with
colleagues
and
peers;
the
more
responses
we
receive,
the
more
comprehensive
the
information
we’ll
have
to
share.


The Law Schools That Provide The ‘Best Value’ For Students (2025) – Above the Law

There
are
many
ways
to
rank
law
schools,
but
the
way
that
the
National
Jurist’s
preLaw
Magazine
does
it
is
quite
interesting.
Rather
than
concentrating
on
the
prestige
factors
that
usually
dominate
law
school
ranking
systems,
this
ranking
focuses
solely
on
factors
that
provide
the
“best
value”
for
students.
That
said,
this
is
a
list
that
is
typically
dominated
by
public
schools,
with
a
smattering
of
private
schools
mixed
in.
Curiously,
for
the
past
few
years,
a
private
school
had
come
out
on
top
of
the
National
Jurist
ranking

but
that
has
stopped,
and
a
new
value
victor
reigns
supreme
in
2025.

Before
we
get
to
the
Top
20
ranking,
let’s
discuss
the
methodology
used
to
suss
out
which
law
schools
are
providing
the
best
value
for
students.
The
National
Jurist’s
ranking
takes
into
account
a
law
school’s
tuition,
students’
cost
of
living
expenses,
students’
average
indebtedness
upon
graduation
(collectively
weighted
55%),
the
percentage
of
graduates
who
got
a
job
after
graduation
(30%),
and
bar
passage
rates
(two-year
difference
between
first-time
pass
rate
and
average
state
pass
rate;
two-year
ultimate
pass
rate;
and
two-year
first-time
raw
pass
rate)
(15%).

As
noted
previously,
based
on
these
inputs,
the
ranking
tends
to
skew
heavily
towards
public
schools,
but
private
schools
made
a
showing
in
this
year’s
ranking.
One
private
school
cracked
the
Top
20,
while
10
others
followed
behind
later.
For
what
it’s
worth,
the
2025
Best
Value
ranking
reminds
us
a
bit
of
U.S.
News
law
school
rankings,
in
that
we’ve
got
an
18-way
tie
for
21st
place
and
a
20-way
tie
for
22nd
place.

Without
further
ado,
here
are
the
National
Jurist’s Top
20
Best
Value
Law
Schools
:

  1. Florida
    State
    University
  2. Brigham
    Young
    University
  3. University
    of
    Georgia
  4. University
    of
    Florida
  5. University
    of
    Kansas
  6. University
    of
    Alabama
  7. University
    of
    North
    Carolina
  8. University
    of
    Missouri
  9. Texas
    A&M
    Law
  10. University
    of
    Illinois
  11. University
    of
    Nebraska
  12. University
    of
    Oklahoma
  13. University
    of
    Tennessee
  14. Georgia
    State
    University
  15. University
    of
    Iowa
  16. University
    of
    Montana
  17. University
    of
    Kentucky
  18. University
    of
    Buffalo
    School
    of
    Law
  19. University
    of
    Texas
  20. Texas
    Tech
    University

Erin
O’Hara
O’Connor,
dean
of
FSU
Law,
attributes
the
school’s
success
in
the
2025
Best
Value
ranking
to
the
school’s
overall
philosophy,
that
affordability
plus
opportunity
equals
freedom

the
freedom
to
build
their
desired
careers.
“Per
dollar
invested
in
their
legal
education,
our
students
cannot
and
will
not
receive
a
better
education
and
better
opportunities,”
O’Connor
said.

The
lesson
to
be
learned
here
is
simple:
if
you
want
to
keep
your
debt
low,
consider
enrolling
at
a
public
law
school.
If
you
don’t
mind
up
to
a
six-figure
debt
load,
enroll
in
the
best
law
school
you
can
get
into
(let’s
say
the top
50
),
because
those
are
the
schools
where
you’ll
be
able
to
get
jobs
that
will
allow
you
to
service
your
loans.

Congrats
to
the
law
schools
that
offer
their
students
the
“best
value.”


Best
value
law
schools

[preLaw
Magazine
/
National
Jurist]


FSU
Law,
BYU
Law
and
UGA
School
of
Law
take
top
spots
for
best
value
law
schools

[preLaw
Magazine
/
National
Jurist]


Staci Zaretsky




Staci
Zaretsky
 is
the
managing
editor
of
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.