Justice Sotomayor Advises Law Students On AI Adoption – There Should Have Been A Stronger Warning – Above the Law

Sonia
Sotomayor
during
day
two
of
her
Senate
confirmation
hearing
(Photo
by
NICHOLAS
KAMM/AFP/Getty
Images)

“You
must
learn
to
master
the
dangerous
hallucination
machine
to
do
good
in
the
world”
sounds
like
an
opening
line
from
a
Young
Adults
novel
about
the
folly
of
rapid
technological
advancement.
It
also
summarizes
a
Supreme
Court
justice’s
advice
to
law
students
on
becoming
fluent
in
AI
usage.

Law.com

has
coverage:

AI
systems
are
the
“new
revolution”
in
the
legal
profession,
as
the
advent
of
computers
were
for
lawyers
in
the
latter
half
of
the
20th
century,
Sotomayor
said
Thursday
at
the
University
of
Alabama
School
of
Law…”For
every
student
in
this
room,
do
not
graduate
this
institution
without
learning
how
to
master
AI
as
a
tool[.]

“AI
is
a
sophisticated
human,”
Sotomayor
said.
“All
of
its
input
is
input
from
human
beings.
And
because
it
is
that,
it
has
the
potential
to
perpetuate
the
very
best
in
us
and
the
very
worst
in
us.”

That
makes
it
particularly
dangerous
in
“judging
the
complexity
of
human
endeavors
and
in
human
situations[.]”

There
is
more
at
stake
than

AI’s
tendency
to
lean
in
to
human:
all
too
human
errors
.

We

are
the
gamble.
I
think
that
Sotomayor’s
best
and
worst
in
us
is
poetic
flair
that
covers
up
a
far
more
ominous
reality:
we
have
no
idea
how
rapidly
incorporating
AI
will
impact
us
in
the
long
run.
Let’s
bracket
the
immediate
question
of
if
AI
is
actually
a
“sophisticated
human”
(she’s
a
jurist,
not
a
biologist
after
all)
and
instead
think
of
it
as
a
tool;
is
there
any
room
left
for
Luddites
in
the
profession?
It
sounds
nice
to
recommend
AI
mastery

whatever
that
means

but
what
will
be
the
subsequent
consequences
of
10,000
hours

typing
away
at
a
delusion-encouraging
black
box
?
While
they
may
be
a
little
over-sensationalized,
it
is
still
worth
considering
the
risks
of

AI-induced
psychosis

developing
in
communities
targeted
with
adapt-or-die
rhetoric.
We
also
don’t
know
the
long-term
effects
of
regular
AI
use
on

neuroplasticity
.
The
hard-fought
talent
of
thinking
like
a
lawyer
could
be
replaced
with
thinking
like
a
Harvey
or
Claude
prompter.
There’s
also
the
the
material
conditions
of
the
labor.
Lawyers,
especially
ones
in
Biglaw,
work
very
long
hours
and
are
often
sleep
deprived.
One
attorney
said
that

in
his
40
years
of
practice
he
never
slept
more
than
3-4
hours
at
a
time
.
How
does
using
AI
when
exhausted
change
us?
And
what
do
you
do

when
the
cure
all
is
the
source
of
the
exhaustion
?
And
this
isn’t
to
say
that
AI
is
bad
and
anyone
advocating
for
its
adoption
is
a
snake
oil
salesman
trying
to
make
their
money
before
the
bubble
bursts.
But
it
is
also
naive
to
suggest
that
some
of
that

isn’t

happening
or
that
our
infrastructure
might
not
be
prepared
to
deal
with
it.

Take
the
process
of
editing
documents.
Most
lawyers
have
the
experience
of
submitting
a
brief
you
thought
was
going
to
change
the
direction
of
whatever
body
of
law
you
were
practicing
only
to
get
it
handed
back
to
you
covered
in
red
ink.
The
social
dynamics
of
getting
your
work
edited
by
a
superior
sucks,
but
it
strengthens
your
writing
ability
and
helps
to
build
a
sense
of
interdependent
teamwork.
Your
work
product
may
end
up
good
enough
after
a
couple
rinses
cycles
in
an
LLM,
but
what
happens
to
training
and
team
building
after
AI
enters
the
fold?
Do
you
get
the
same
degree
of
editing
from
your
immediate
team?
Probably
not

your
partner
or
supervising
attorney
will
tell
you
to
run
it
through
the
firm’s
proprietary
AI
program
a
couple
of
times
before
you
even
dream
of
sending
it
over.
That’s
a
recipe
for
alienation.
What
long-term
effects
will
that
have
on
the
industry?
We’re
already
starting
to
see

firms
pivot
toward
laterally
hiring
rather
than
bothering
to
train
budding
lawyers
.
How
sustainable
is
that
really?

If
you
use
AI
of
your
own
volition
or
because
your
firm
forces
you
to,
Godspeed.
Please
make
an
effort
to

make
sure
you
don’t
inadvertently
dull
your
critical
thinking
skills
along
the
way
.
And
if
you
go
the
Amy
Coney
Barrett
route
and
abstain
from
using
AI
in
your
work,
you
aren’t
alone.

You
should
also
brush
up
on
the
First
Amendment
.


Justice
Sotomayor
Says
AI
Can
Be
‘Very
Dangerous’
But
Tells
Law
Students
to
Master
It

[Law.com]


Earlier
:

AI
Won’t
Replace
Lawyers
But
Can
Create
Critical
Shortage
Of
Good
Ones



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
boat
builder
who
is
learning
to
swim
and
is
interested
in
rhetoric,
Spinozists
and
humor.
Getting
back
in
to
cycling
wouldn’t
hurt
either.
You
can
reach
him
by
email
at


[email protected]

and
by
Tweet/Bluesky
at @WritesForRent.

How To Move From An Elite Biglaw Firm To An Elite Boutique – Above the Law

Alexandra
Sadinsky
(courtesy
photo)

When
it
comes
to
building
a
litigation
career,
Biglaw
has
long
been
sold
as
the
default
path,
the
place
where
ambitious
associates
go
to
cut
their
teeth
before
maybe,
someday,
seeing
the
inside
of
a
courtroom.
But
take
a
closer
look,
and
you’ll
see
boutique
litigation
firms
steadily
making
their
case,
offering
not
just
comparable
work,
but
the
kind
of
hands-on
experience
Biglaw
often
keeps
just
out
of
reach,
from
faster-moving
matters
to
meaningful
courtroom
exposure
and
genuinely
collaborative
teams.
So
why
are
more
litigators
rethinking
the
traditional
Biglaw
path
in
favor
of
boutiques?
Who
better
to
ask
than
a
new
partner
who
left
Biglaw
to
join
an
elite
boutique
firm
that’s
built
its
reputation
on
actually
trying
cases
and
putting
associates
in
the
mix
early?

I
recently
had
the
pleasure
of
chatting
with Alexandra
Sadinsky
,
who
left
Wachtell
about
two
years
ago
and
headed
to
litigation
boutique Elsberg
Baker
&
Maruri
,
where
she’s
now
a
partner,
to
get
her
thoughts
on
the
difference
between
Biglaw
and
boutique
firms,
and
why
others
might
be
inspired
to
make
the
same
career
move.
Here
is
a
write-up
of
our
lively
conversation.


Staci
Zaretsky
(SZ)

You
made
the
jump
from
Wachtell
Lipton
to
a
partnership-track
role
at
a
litigation
boutique.
What
ultimately
convinced
you
to
leave
Biglaw,
and
what
did
you
see
at
Elsberg Baker
&
Maruri
that
felt
like
the
right
long-term
fit?


Alexandra
Sadinsky
(AS)
:
Leaving
Wachtell
wasn’t
an
easy
decision

it’s
one
of
the
great
law
firms
in
the
world,
and
I
learned
an
enormous
amount
there.
But
it
wasn’t
about
leaving
something
behind;
it
was
about
being
intentional
about
what
came
next.
My
mentors
there
encouraged
me
to
think
carefully
about
where
I
would
not
just
do
excellent
work,
but
grow
into
the
kind
of
lawyer
I
wanted
to
become.

What
drew
me
to
EBM
was
the
clarity
of
its
mission
and
how
well
it
aligned
with
my
own
ambitions.
The
work
is
as
sophisticated
and
high-stakes
as
anywhere,
but
the
focus
is
on
developing
true
trial
lawyers

giving
people
real
responsibility,
real
feedback,
and
a
real
path
to
partnership.
It
felt
less
like
a
lateral
move
and
more
like
finding
my
professional
home.


SZ

Elsberg
Baker
&
Maruri
operates
as
a
tight-knit,
one-office
firm.
How
does
that
model
change
the
day-to-day
experience
of
practicing
law,
and
what
advantages
does
it
offer
compared
to
the
more
traditional
Biglaw
structure?


AS
:
The
one-office
model
mattered
to
me

it’s
how
I
learned
to
practice
law.
Clerking
for
Judge
Cecchi
and
Judge
Chin,
I
sat
with
my
judges
and
co-clerks
every
day,
working
through
problems
in
real
time.
At
Wachtell,
I
was
three
doors
down
from
the
head
of
the
litigation
department,
and
a
quick
walk
down
the
hall
meant
you
could
test
an
idea
or
refine
an
argument
on
the
spot.

EBM
works
the
same
way

but
with
even
leaner
teams.
You’re
constantly
in
conversation

with
partners,
with
your
team

sharpening
arguments
and
pressure-testing
strategy
as
it
develops.
There’s
no
distance
between
the
people
doing
the
work
and
the
people
shaping
it.
That
makes
the
work
more
collaborative,
more
intense,
and
ultimately
more
effective.
You’re
not
just
executing
on
a
plan

you’re
helping
build
it
in
real
time.



SZ

The
firm’s
leadership
includes
founding
partner

Silpa
Maruri
.
How
meaningful
is
it,
in
your
view,
to
see
women
in
top
leadership
roles,
and
what
kind
of
signal
does
that
send
to
younger
lawyers
coming
up
in
the
profession?


AS
:
What
makes
it
powerful
is
seeing
what
that
leadership
looks
like
in
practice.
Silpa
is
one
of
the
most
instinctive
and
effective
lawyers
I’ve
worked
with

quick
on
her
feet,
strategically
sharp,
with
a
remarkable
ability
to
cut
through
complexity
and
get
to
the
heart
of
an
argument.
When
I’m
working
through
a
difficult
issue,
she’s
often
the
first
person
I
turn
to

she
can
read
something
quickly
and
immediately
see
how
to
make
it
stronger.

Seeing
that
kind
of
leadership
up
close
changes
how
you
think
about
your
own
path.
It
makes
leadership
feel
tangible,
not
theoretical.
For
younger
lawyers

especially
women

it
signals
that
there
isn’t
a
single
mold
for
what
a
successful
litigator
looks
like.
Excellence,
judgment,
and
authenticity
matter.
And
Silpa
has
become
a
trusted
colleague
and
friend.
That’s
what
makes
people
stay,
grow,
and
lead
in
turn.


SZ

As
someone
stepping
into
a
new
partnership
role
yourself,
how
do
you
think
about
mentorship,
and
what’s
one
piece
of
advice
you
consistently
give
to
junior
lawyers
trying
to
build
a
successful
litigation
career?


AS
:
Mentorship
is
about
preparing
people
to
excel
when
the
opportunity
comes

not
just
giving
them
the
opportunity
itself.
That
means
helping
them
take
real
ownership
of
their
work:
every
word,
every
argument,
every
strategic
decision.
It
means
helping
them
find
their
own
voice
as
advocates.
You
can’t
just
imitate
someone
else’s
style

it
won’t
hold
when
you’re
tested.
You
have
to
understand
what
you’re
saying,
why
it
matters,
and
be
able
to
defend
it
from
every
angle.

I
worked
with
a
junior
associate
who
was
ready
to
take
ownership
of
a
third-party
discovery
effort.
First,
I
had
him
prepare
talking
points
and
observe
me
run
a
meet-and-confer.
The
next
time,
he
led
while
I
observed.
By
the
third,
he
was
running
it
himself

keeping
me
updated,
but
fully
in
command.
That
progression

pairing
responsibility
with
preparation
and
feedback

is
how
you
develop
great
litigators.

The
advice
I
come
back
to
most
is
simple:
care
deeply
about
getting
it
right.
Push
yourself
to
understand
every
nuance,
anticipate
every
question,
and
you’ll
be
ready
when
it
matters.

On
behalf
of
everyone
here
at
Above
the
Law,
we’d
like
to
thank
Alexandra
Sadinsky
for
taking
the
time
to
help
answer
these
questions
on
what
it
was
like
to
leave
Biglaw
for
a
boutique
firm
and
how
she’s
stepping
into
her
role
as
a
new
partner.





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.

Understanding AI Hallucinations: Making Sure You Don’t End Up At The Wrong Stop – Above the Law

We
talk
a
lot
about
the
ethical
duty
of
lawyers
and
legal
professionals
to
understand
the
risks
and
benefits
of
relevant
technology.
But
when
it
comes
to
using
GenAI,
that
might
not
be
enough.
If
we
want
to
prevent
the
increasing
number
of
hallucinations
and
inaccurate
citations
that
are
bedeviling
lawyers
and
even
judges,
we
need
to
understand
how
and
why
GenAI
systems
fail.

That
was
the
point
of
a

recent
paper

by
a
group
of
scientists
and
engineers:

Dylan
Restrepo
,

Nicholas
Restrepo
,

Frank
Huo
,
and

Neil
Johnson
.
The
paper
carried
the
lengthy
title,

When
AI
Output
Trips
to
Bad
but
Nobody
Notices:
Legal
Implications
of
AI’s
Mistakes
.
In
addition
to
their
own
calculations
and
analysis,
the
group
also
consulted
a
couple
of
lawyers:

Daniela
Restrepo

and

Jean
Paul
Roekaert
.
I
can’t
vouch
for
the
mathematical
calculations
but
what
they
conclude
squares
with
my
own
experience.


The
Basic
Premise

The
group
concludes
at
the
outset
that
rather
than
a
random,
unpredictable
glitch,
a
physics-based
analysis
demonstrates
that
hallucination
is
a
“foreseeable
engineering
risk.”
Meaning,
of
course,
the
circumstances
generating
its
occurrence
can
be
at
least
a
little
predictable.

According
to
the
paper,
GenAI
systems
have
“a
deterministic
mechanism
at
its
core
that
can
cause
output
to
flip
from
reliable
to
fabricated
at
a
calculable
step.” 
And
that
step
unfortunately
comes
when
the
lawyer’s
need
is
the
greatest.

The
group’s
analysis
starts
from
the
proposition
that
we
should
know
by
now:
GenAI
is
“a
probabilistic
text
generator
engineered
to
predict
the
next
most
plausible
token
in
a
sequence,
without
any
internal
concept
of
legal
truth.”
It
is
not,
argues
the
group,
a
database
of
verified
legal
authorities.
(The
group
focused
on
the
publicly
available
systems
and
not
on
the
closed
systems
that
claim
to
rely
on
verified
legal
authorities.)


What
This
Means

Because
it’s
predicting,
not
analyzing,
GenAI
does
well
when
faced
with
inquiries
about
valid
legal
principles,
logical-sounding
arguments,
undisputed
case
facts,
procedural
history,
and
the
like.
But
when
faced
with
something
novel
and
complex,
the
tool
is
pushed
“into
a
region
where
training
data
is
sparse.”
In
an
effort
to
please
and
respond,
it
is
then
prone
to,
well,
make
stuff
up.

The
paper
puts
it
this
way:

The
tool
is
therefore
most
prone
to
failure
exactly
when
the
lawyer’s
need
is
greatest:
on
a
difficult
point
of
law
with
sparse
precedent.
The
act
of
researching
an
unsettled
legal
issue
via
an
LLM
becomes
the
principal
trigger
for
the
tipping
instability.

These
are
important
points
since
lawyers
live
in
a
world
where
a
hallucination,
an
error,
can
have
devastating
consequences.
So,
as
we

have
discussed
,
given
that
risk,
GenAI
outputs
must
be
checked
over
and
over,
often
mitigating
the
cost
savings
of
using
the
tools
in
the
first
place.
But
if
we
understand
why
the
errors
occur
and
more
importantly
when,
we
can
better
and
more
safely
use
the
tools.


A
Blessing…And
a
Curse

If
true,
then
the
group’s
findings
are
a
blessing
since
it
suggests
a
sliding
scale
of
verification:
less
where
the
output
focuses
on
well-known
information
and
much
more
when
it
strays
into
the
novel.
Saves
time
and
energy.

But
for
those
uninformed
of
this
predictability,
the
fact
that
failure
can
occur
at
a
certain
point
can
be
a
curse.
Why:
a
lawyer
with
a
legal
project
often
starts
with
undisputed
facts,
then
seeks
information
on
what
the
law
generally
is
with
respect
to
the
issues
at
hand.
And
then
goes
to
more
complex,
ambiguous
areas
thinking
it’s
okay.

The
example
given
in
the
paper
is
a
statute
of
limitations
question.
A
lawyer
starts
their
use
of
ChatGPT
by
plugging
in
undisputed
facts.
They
then
seek
the
general
law
with
respect
to
the
limitation
period.
All
well
and
good:
 the
lawyer
gets
correct
responses
and
then,
in
the
words
of
the
paper,
“gains
confidence
in
the
tool.” 
So,
the
lawyer
then
begins
asking
for
more
ambiguous
information
about
how
that
law
can
be
used
to
leverage
the
facts
or
to
develop
arguments.

If
the
lawyer
takes
all
the
outputs
and
prepares
a
brief
based
on
the
information
obtained,
they
(or
their
supervisor)
might
be
tempted
to
spot
check
the
first
few
paragraphs,
find
nothing
amiss
and,
when
pressed
for
time,
conclude
the
rest
of
the
outputs
are
also
fine
when
they
are
not.

So,
the
blessing
becomes
a
curse:
“AI’s
period
of
correct
output
increases
rather
than
decreases
the
risk
of
harm,
because
it
builds
the
user’s
trust
just
before
the
fabrication
appears.”


What
To
Do

So,
what
do
we
make
of
all
this?
Again,
I’m
no
scientist
but
I
do
know
from
experience
that
the
more
general
information
I
seek
from
GenAI,
the
more
prone
it
is
to
be
correct.
When
I
stray
into
more
ambiguous
areas
where
there
is
less
known
about
a
subject,
the
more
errors
I
tend
to
get.

For
example,
I
once
asked
for
information
about
a
well-known
painter.
I
got
great
information.
But
when
I
asked
about
another
painter
in
the
same
school
of
painting
who
was
relatively
obscure,
the
tool
just
made
up
a
name.
Or
when
I
asked
what’s
the 
subway
stop
to
take
to
catch
the
Q70
bus
to
LaGuardia
Airport,
it
got
it
right.
When
I
asked
the
best
route
from
my
hotel
(which
involves
more
ambiguity),
it
sent
me
to
the
wrong
stop.
It
did
say
sorry
when
I
pointed
out
the
error
(after
some
argument).

The
point
being
for
lawyers
and
legal
professionals
is
to
understand
that
“AI
possesses
no
independent
legal
agency:
it
is
a
computational
tool.”
Granted,
it
is
a
computational
tool
with
which
you
can
converse
like
a
human.
It
reacts
in
human
ways.
It’s
tempting
to
anthropomorphize
it.

But
that’s
where
we
go
wrong.
Instead,
we
need
to
start
with
thinking
of
it
not
as
a
person
but
a
product
with
a
foreseeable
engineering
risk.
Like
a
sharp
knife
or
an
ATV.
A
risk
that
appears
to
materialize
when
faced
with
novelty
and
ambiguity. 
But
it’s
that
novelty
and
ambiguity
that
creates
the
greatest
risk
of
hallucination,
according
to
the
paper.

For
lawyers,
that
means
if
you
are
going
to
use
this
sharp
knife,
you
better
know
how
and
in
what
circumstances.
You
need
to
know
how
to
do
that
safely.

The
paper
says
it
the
best:
“The
duty
of
technological
competence,
as
expressed
in
ABA
Model
Rule
1.1
and
its
state-level
counterparts,
must
evolve.
It
is
no
longer
sufficient
for
a
lawyer
to
know
how
to
operate
a
piece
of
software.
Competence
now
requires
a
practical
understanding
of
how
that
software
can
fail.”
That
it
is
clearly
right
about.

Want
to
use
GenAI?
Use
it
to
access
known
information
that
would
be
time
consuming
or
difficult
to
otherwise
get.
Ask
it
to
do
a
lot
of
things
where
accuracy
isn’t
that
important.
But
don’t
ask
novel
or
unsettled
legal
questions,
without
checking
and
double
checking
what
you
get
back.
Else
you
might
get
off
at
the
wrong
subway
stop.

Or
much
worse.




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

Prosecutors Still Trying To Convict 62-Year-Old Woman For Wearing Penis Costume To Anti-Trump Protest – Above the Law

Never
underestimate the
stupidity
 of
law
enforcement.
When
things
could
just
be
left
alone
and
everything
would
turn
out
OK, officers
insist
 on
inserting
themselves
into
the
equation,
ensuring
maximum pain
and
humiliation
 for
everyone
involved.

In
this
case,
a
Fairhope,
Alabama
officer
decided
he
couldn’t
simply
do
nothing
when
coming
across
a
grandmother
at
a
“No
Kings”
protest.
Here’s
how
this
started, as
detailed
by
Liliana
Segura
for
The
Intercept
:


In
the
body
camera footage,
a
police
officer
parks
his
black
SUV
on
the
grass,
a
rosary
swinging
from
the
rearview
mirror.
He
exits
his
car,
moves
briskly
past
a
pair
of
protesters,
and
points
an
accusatory
finger
at
the
suspect:
a
7-foot-tall
inflatable
penis
holding
an
American
flag.


The
alleged
crime?
Unclear.
There’s
no
sound
at
first,
only
the
silent
spectacle
of
a
person
in
a
penis
suit
turning
toward
a
cop
with
a
stance
that
says,
“Who,
me?”
A
handmade
sign
comes
into
view
in
the
person’s
right
hand.
It
reads
“No
Dick
Tator.”

You
can
see
the
whole
thing
for
yourself here:

It’s
really
an
amazing
recording.
It
includes
several
high
points,
including
cops
trying
to
stuff
a
person
who’s
inside
an
inflatable
penis
into
the
back
of
a
cop
car
before
deciding
it
might
be
easier
to
separate
the
person
and
the
costume…
before
struggling
to
fit
the
costume
itself
into
the
trunk
of
a
cop
car.
It
also
includes
superbly
stupid
things
like
this:


Fairhope
Police
Cpl.
Andrew
Babb
was
less
amused.


“I’m
serious
as
a
heart
attack,”
he
tells
Gamble
when
the
audio
begins
to
play
on
the
14-minute
body
camera
video.
“I’m
not
gonna
sit
here
and
argue
with
you.”


He
demands
to
know
how
she
could
possibly
justify
such
an
obscene
display:
“I
would
like
to
hear
how
you
would
explain
to
my
children
what
you’re
supposed
to
be.”

Every
easily-offended,
would-be
censor
has
the
same
go-to
for
complaining
about
stuff
they
don’t
like:
“how
would
I
explain
that
to
my
children?”
I
don’t
know,
man.
They’re your kids.
Take
any
approach
you
want,
including
ignoring
the
question.
It’s
not
on
the
rest
of
the
world
to
make
sure
you
never
have
to
have
an
uncomfortable
conversation
with
your
kids.
If
you
can’t
figure
it
out,
maybe
you
shouldn’t
be
in
the
business
of
raising
kids,
much
less
in
the
business
of
enforcing
laws.

There
are
also
plenty
of
far
less
funny
moments,
like
the
fact
that
three
cops
decided
to
get
involved
in
pinning
62-year-old
Renea
Gamble
to
the
ground
for
the
crime
of…
well,
that
was
all
pretty
much
undecided
at
the
point
the
officers
decided
to
enforce
their
will
with
their
power.

Corporal
Andrew
Babb
obviously
didn’t
know
the
law,
but
that
wasn’t
going
to
stop
him.


“I
said,
‘That’s
not
freedom
of
speech,’”
Babb
continues.
“‘This
is
a
family
town
and
being
dressed
like
that
is
not
going
to
be
tolerated.’”

A.
It
actually is freedom
of
speech.

B. Every town
is
a
“family
town,”
unless
you
happen
to
live
in
a
dystopian
sci-fi
novel.

Everything
about
the
arrest
is
a
non-starter.
And
yet,
local
prosecutors

propelled
forward
by
supportive
local
government
officials

are
still
trying
to
pin
criminal
charges
on
Renea
Gamble.
Mayor
Sherry
Sullivan
claimed
the
costume
was
an
“obscene
display”
which
would
“not
be
tolerated
in
Fairhope.”
City
Council
president
Jack
Burrell
claimed
the
costume
“violated
community
standards”
Neither
assertion
is
true,
which
means
neither
statement
can
support
an
arrest,
much
less
the
bringing
of
criminal
charges.

Some
of
the
initial
enthusiasm
for
punishing
Gamble
was
stifled
when
her
arrest
went
viral,
resulting
in
a
nationwide
discussion
of
this
ridiculous
situation.
But
apparently
the
town
thinks
it’s
now
safe
to
proceed
with
saddling
Gamble
with
a
criminal
record.


Rather
than
dropping
the
case,
the
city
attorney
slapped
Gamble
with
additional
charges
earlier
this
year:
disturbing
the
peace
and
giving
a
false
name
to
law
enforcement.
Her
trial,
first
set
to
take
place
months
ago,
has
been
delayed
multiple
times.
It
is
now
set
for
April
15.

The
“peace”
wasn’t
disturbed
until
Officer
Babb
decided
he
was
going
to
take
Gamble’s
costume
personally.
And
“giving
a
false
name
to
law
enforcement”
is
really
stretching
things
when
all
Gamble
did
was
sarcastically
respond
“Auntie
Fa”
when
officers
demanded
her
name
after
stripping
her
of
her
inflatable
penis.

So,
the
case
continues,
which
is
only
going
to
bring
more
embarrassment
to
town
leaders
and
law
enforcement
officials.
The
backlash
that
greeted
the
arrest
will
return,
which
means
the
arresting
officer
may
want
to
consider
employment
elsewhere.
Hopefully,
this
will
all
end
with
the
town
cutting
a
check
to
Gamble
for
violating
her
rights.

Until
then,
Gamble
is
going
to
keep
on
doing
what
she
does:


Gamble
has
tried
to
keep
a
low
profile
since
her
arrest.
At
the
No
Kings
protest
last
week,
though,
the
“No
Dick
Tator”
sign
appeared
in
the
hands
of
a
masked
woman
who
wore
dark
sunglasses
and
a
bandana
over
her
face.


It
was
Gamble,
again
wearing
an
inflatable
costume.


She
was
dressed
as
an
eggplant.

People
who
view
dissent
as
a
threat,
if
not
inherently
unlawful,
cannot
ever
hope
to
win.
Acts
like
this
only
embolden
those
already
involved
in
dissent
and
attract
others
to
join
the
cause.
They
may
have
the
power,
but
the
people
have
the
inflatable
genitals
and
the
will
to
use
them.


Prosecutors
Still
Trying
To
Convict
62-Year-Old
Woman
For
Wearing
Penis
Costume
To
Anti-Trump
Protest


More
Law-Related
Stories
From
Techdirt
:


Court
Blocks
Republican
Push
To
(Further)
Dominate
And
Destroy
Local
Broadcast
News


Court
Dismisses
Pepperdine’s
Nonsense
Trademark
Suit
Against
Netflix
Over
‘Running
Point’


Remember
The
“Ministry
Of
Truth”
Freakout?
Rubio
Is
Now
Doing
Something
Far
Worse
Through
Elon
Musk’s
X

How Appealing Weekly Roundup – Above the Law



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.


“Supreme
Court
Secrecy
Includes
Reasons
for
Recusal;
Justices
often
don’t
disclose
why
they
disqualify
themselves
from
hearing
cases;
Their
silence
echoes
the
court’s
unexplained
emergency
orders”:
 Adam
Liptak
has this
new
installment
 of
his
“The
Docket”
newsletter
online
at
The
New
York
Times.


“U.S.
Supreme
Court
justice
Sonia
Sotomayor
urges
women
to
lead
with
passion”:
 Williesha
Morris
of
Alabama
Media
Group
has this
report
.


“Three
ways
the
Supreme
Court
could
upend
the
midterm
elections;
Multiple
cases
before
the
justices
could
remake
rules
on
district
boundaries,
campaign
finance
and
the
eligibility
of
certain
mail-in
ballots”:
 Law
professor Richard
L.
Hasen
 has this
essay
 online
at
MS
Now.


“Supreme
Court
remade
by
Trump
ushers
in
historic
defeats
for
civil
rights;
The
court
is
the
first
since
at
least
the
’50s
to
reject
claims
in
a
majority
of
cases
involving
women
and
minorities,
an
analysis
conducted
for
The
Post
shows”:
 Justin
Jouvenal
of
The
Washington
Post
has this
report
.


“How
Trump
Purged
Immigration
Judges
to
Speed
Up
Deportations;
Judges
are
ordering
an
unprecedented
number
of
people
deported
after
coming
under
significant
pressure
from
the
administration
to
do
so
or
risk
losing
their
jobs”:
 Nicholas
Nehamas,
Allison
McCann,
Steven
Rich,
Jazmine
Ulloa,
and
Hamed
Aleaziz
of
The
New
York
Times
have this
report
.


“Brett
Kavanaugh’s
Colleagues
Are
Getting
Awfully
Tired
of
Brett
Kavanaugh;
Justice
Sonia
Sotomayor’s
comments
about
the
Supreme
Court’s
recent
racial
profiling
case
are
just
more
evidence
that
Kavanaugh’s
colleagues
kind
of
hate
his
guts”:
 Jay
Willis
has this
post
 at
his
“Balls
&
Strikes”
Substack
site.

Morning Docket: 04.10.26 – Above the Law

*
Texas
judge
ordered
a
lawyer
to
appear
in
court
for
criticizing
the
judge
for
berating
an
IT
worker
in
a
viral
video.
The
lawyer
refused
to
show
up
himself,
but
his
fellow
lawyers
did
to
push
back
on
the
improper,
retaliatory
order.
[NY
Post
]

*
AI
hallucination
penalties
rise,
and
yet
lawyers
keep
citing
fake
cases.
[NPR]

*
Elon
Musk
sues
Colorado
over
state’s
AI
regulations.
[Reuters]

*
Another
court
rules
that
copyright
can’t
be
used
to
restrict
access
to
the
law.
[EFF]

*
Gibson
Dunn
partner
tapped
as
next
SEC
Enforcement
chief.
He
faces
a
tough
challenge
to
make
the
agency
even
more
impotent
than
it
was
in
2025
when
investigations
hit
historic
lows.
[Corporate
Counsel
]

*
Court
swats
down
Pentagon
press
restrictions
as
“mark
of
autocracy.”
[Law360]

Lawyers Are Bad At Math, But Come On – See Also – Above the Law

Turns
Out
You
Can
Squeeze
Too
Much
Out
Of
A
Day:
Australian
lawyer
billed
over
31
hours
for
a
day
of
work.
The
Best
Firms
In
The
City
That
Never
Sleeps:
See
the
best
of
the
Big
Apple!
‘Super
Drunk’
Judge
Pleads
No
Contest:
He’s
set
to
be
sentenced
on
May
13th.
Like
Being
Fit
For
The
Job,
But
Different!:
ABA
hands
down
their
first
unqualified
judge
designation
to
this
round
of
Trump
nominees.
Freak-Off
King
Fights
For
Reduced
Sentence:
His
team
argues
the
judge
factored
in
extra
time
for
behavior
he
was
acquitted
of.

$4 Billion In Revenue Is Quite The Accomplishment – Above the Law



Ed.
Note:

Welcome
to
our
daily
feature

Trivia
Question
of
the
Day!


According
to
2025
law
firm
financial
data
collected
by
Law.com,
which
is
the
only
Manhattan-founded
Biglaw
firm
to
cross
the
$4
billion
in
revenue
mark
last
year?


Hint:
The
firm
increased
revenue
11%
last
year,
but
still
trails
behind
the
richest
law
firm
in
the
world,
Chicago-founded
Kirkland.



See
the
answer
on
the
next
page.

Work-Life Balance Is Precious; So Is The Rule Of Law – Above the Law

Looking
back,
why
did
you
decide
to
become
a
lawyer?
Given
all
the
time,
cost
and
stress,
if
you
think
back,
what
factors
prompted
the
career
choice?
Was
it
intellectual
stimulation?
The
idea
of
helping
people
with
their
problems?
The
potential
for
high
earnings?
The
prestige
of
being
a
professional?
Parental
pressure
and
influence?

Lots
of
things
have
changed
over
my
50-year
career.
What
used
to
be

one
of
the
most
prized
was
prestige
,
graduating
from
a
top-tier
law
school
or
being
attached
to
a
Biglaw
firm.
For
many
years,
even
decades,
the
nose
to
the
grindstone
was
soothed
by
high
salaries,
which
many
peeps
did
not
get
to
enjoy
because
they
were
working
24/7
or
close
to
it.
Time
poverty.

One
major
change
today
is
the
desire,
the
need,
for
work-life
balance,
a
term
rarely
used
until
recently.
Now
lawyers
willingly
trade
the
prestige
of
being
in
Biglaw
for
some
work-life
balance.
Even
at
many
non-Biglaw
firms,
lawyers
were
in
the
office
on
Saturday,
whether
for
a
few
hours
or
all
day.
It
was
important
to
be
seen
and
bill
some
hours,
even
on
the
weekend.
Bill,
baby,
bill.

Today,
many
lawyers
no
longer
choose
to
work
all
hours
at
the
bidding
of
some
senior
associates
or
partners;
it’s
been
a
hazing
ritual
for
more
decades
than
one
can
count.
It’s
the
“I
had
to
do
it
so
you
do
too”
mentality
that

doesn’t
sit
well
with
many
of
the
newer
lawyers
,
who
seek
more
from
life
than
just
billable
hours.
More
power
to
them.

What
matters
most?
Control
over
time.
No
longer
are
many
lawyers
willing
to
ask
“how
high?”
when
a
senior
lawyer
commands
“jump.”
Flexibility
in
managing
time,
a
nonreplenishable
asset,
now
takes
precedence.
It
has
taken
way
too
long
for
the
pushback
that
firms
are
now
seeing,
for
example,
in
requiring
return-to-office
schedules.
Decades
ago,
we
had
no
choice
but
to
be
in
the
office
for
the
full
day
or
face
potential
consequences,
even
though
we
were
exempt
employees.

We
all
like
to
be
in
control.
We
learned
in
practice
that
sometimes
the
best
way
to
handle
a
bully
opposing
counsel
is
to
not
respond,
which
frustrates
bullies
to
no
end.
Silence
can
be
very
discomforting.
Intimidation
rarely
works. 

While
the
client
is
the
ultimate
decision-make,
we
need
to
steer
the
client
in
the
right
direction,
enumerating
the
pros
and
cons
of
a
particular
course
of
action.
Sometimes
the
client
agrees,
sometimes
not;
it’s
the
client’s
call
to
make.
Often,
we
try
to
save
the
client
from
indulging
in
the
worst
impulses.
We
succeed

sometimes.

And
if 
you’re
keeping
score,
last
week’s
judicial
rulings
were
not
winners
for
the
administration.
Acting
AG
Todd
Blanche
must
have
been
the
messenger
of

the
bad
news
.
A
thankless
job
if
ever
there
was
one.

Also
pending:
the
D.C.
Circuit
will
hear
the
DOJ’s
appeal
of
the
lower
court’s
finding
in
favor
of
the
four
Biglaw
firms
who
did
not
bend
a
knee
to
47.
Many
general
counsel

signed
on
to
an
amicus
brief

urging
the
D.C.
Circuit
to
affirm
the
rulings. 

Apparently
those
who
signed
the
brief
did
so
anonymously,
as
did
a
brief
filed
by
“Law
Partners
United”
without
identification
of
those
partners.
Standing
up
for
the
rule
of
law
and
the
independence
of
lawyers
is

hollow
without
the
willingness
to
be
identified

Contrast
that
approach
with
the
more
than
800
self-identified
solo
and
small
firm
lawyers
who

signed
a
separate
amicus
brief
.
  

It’s
now
“women
overboard”
(note
the
plural)
as
the
first
two
women
tossed
out
from
47’s
cabinet
just
happen
to
be
women.
Tulsi
Gabbard
remains
as
director
of
national
intelligence
as
does
Susie
Wiles,
chief
of
staff.

So,
the
beauty
contest
is
on
as
to
whether
47
will
choose
any
of
the
following
to

replace
the
ousted
Bondi
.
How
about
the
U.S.
Attorney
for
D.C.,
Jeanine
Pirro?
Alina
Habba,
the
former
short-term
U.S.
attorney
for
New
Jersey?
Harmeet
Dhillon,
the
head
of
the
DOJ
civil
rights
division?
Probably
none
of
them,
given
the
administration’s
hostility
to
DEI.
Trying
to
appease
47’s
thirst
for
revenge
and
retribution,
only
to
come
up
against
judges
who
apply
the
rule
of
law,
is
a
fool’s
game.
But
there
seems
to
be
no
shortage
of
fools.
  




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 
[email protected].

LawNext Podcast: Learned Hand’s Shlomo Klapper on Why Courts Are the Next Frontier for Legal AI

Are
courts
the
next
frontier
for
legal
AI? Shlomo
Klapper
,
founder
and
CEO
of
the
AI-driven
judicial
case-preparation
platofrm Learned
Hand
,
believes
they
are.
A
former
litigator
at
Quinn
Emanuel
and
law
clerk
for
the
2nd
U.S.
Circuit
Court
of
Appeals,
Klapper
is
building
what
he
calls
a
“reasoning
engine”
for
judges

AI
tools
designed
to
help
them
manage
crushing
caseloads
by
organizing
case
materials,
flagging
when
lawyers
bend
the
truth,
and
drafting
bench
memos
and
orders.

LawNext
host
Bob
Ambrogi
interviews
Klapper
on
the
heels
of
significant
news:
Learned
Hand
just
announced
a
partnership
with
the
Superior
Court
of
Los
Angeles
County,
the
largest
trial
court
in
the
nation,
to
explore
how
AI
can
support
judicial
officers
across
the
full
arc
of
a
case

from
filing
through
drafting.
The
company’s
technology
 —
the
only
AI
built
exclusively
for
the
judiciary

is
also
used
by
the
Michigan
Supreme
Court
and
trial
courts
in
10
states.

In
today’s
conversation,
Klapper
discusses
why
courts
are
the
next
frontier
for
legal
AI,
what
it
takes
to
earn
the
trust
of
judges,
and
how
Jevons
Paradox

the
idea
that
as
legal
services
get
cheaper,
demand
will
explode

is
reshaping
the
justice
system.
They
also
dig
into
the
difficult
questions
around
how
Learned
Hand
addresses
concerns
about
bias
and
hallucinations,
and
how
it
can
overcome
judges’
skepticism
about
AI
and
achieve
broad
judicial
adoption.



Listen
here:



Watch
here:


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