Anyone else stressed by the world around us?
Punxsutawney Phil poked his head out, as he does every February 2, aka Groundhog Day, saw his shadow, and declared that we would have six more weeks of winter. Well, at least part of the country, freezing and snowing as it has been, would have six more weeks. In California, not so much.
Does anyone think that ICE’s tactics in Minnesota (and elsewhere) are reminiscent of the Gestapo in Nazi Germany in the 1930s? I do, and even Joe Rogan (not exactly on my wavelength) does. For those of you Gen Xers, Millennials, and others so young that you don’t remember 9/11, please take a few minutes to read up on Nazi Germany and the Gestapo. Even better, read Erik Larson’s nonfiction book, “In the Garden of Beasts,” about how Nazi Germany, both blatantly and insidiously, infiltrated the German psyche in the 1930s. Fair warning.
No one is above the law. (Pun not intended.) Some people disagree. The judicial system is the last remaining bulwark against what 47 and his merry band of pranksters (not of the Ken Kesey variety) would like to do if they could have their way unimpeded by anyone or anything. Habeas corpus and all those pesky little amendments to the Constitution thankfully stand in 47’s way to impose even more authoritarian measures than what we already experience. The Supreme Court seems to look askance at precedents, ghosting it like a bad online date.
And I would be remiss if I didn’t mention the latest installment of the Epstein files, which seems to have something for everyone, that is, everyone who is rich and famous, or if not, then rich and famous adjacent. Some lawyers have been caught in Epstein’s net, whether intentionally or not.
We’ve all admonished our clients over the years to not put anything in emails and texts that we wouldn’t want to see on the front page of any newspaper, digital, print, or in any social media. Unfortunately the latest DOJ data dump of Epstein files has done exactly that, and not just everyday lawyers, but big “machers” (Yiddish for doer, a wheeler-dealer, someone with connections.)
The first to suffer the consequences of any connection with Epstein is Brad Karp, until very recently the chair of the Paul Weiss firm. Karp has been too much in legal news in the past year. As the then-chair of Paul Weiss, he was one of the first, if not the first, to bend a knee to 47’s executive order addressed to Biglaw. Karp feared the firm would sink if it didn’t agree. How ironic that less than a year later, Karp is no longer chair, not because of his deal with 47, but because of his relationship with Epstein, a former friend of 47 until a purported falling-out some years ago.
Meanwhile, consider the language that some firms use when laying off business professionals to be replaced by AI. The phrase “we do not take these changes lightly” does not pass the “straight face” test. Just wait until AI reduces lawyer headcount. We know that may be coming.
AI in its various current iterations does not require compliance with wage and hour laws, FMLA, ADA, and a host of other employer-employee laws. Robots work 24/7, they don’t need vacation or sick time or time off for the myriad human responsibilities. They don’t complain about too much work, and they don’t have interpersonal conflicts with coworkers. They just work and work and work, unlike humans, even if some fancy themselves robotic in their work habits. However, if you are seeking any emotional intelligence in AI, you are barking up the wrong large language model.
Lastly, I would be remiss if I don’t tell anyone in the legal world who doesn’t already know that the DOJ is hiring. Yes, that DOJ, which, for some reason (ahem) is having trouble recruiting lawyers to join what used to be a prestigious office and often a stepping stone for Biglaw partnerships, judgeships, and political careers. Instead of swearing to uphold the Constitution of the United States, these new recruits must now swear allegiance, not to the Constitution, but personally to the president, who believes that the DOJ is his personal law firm. No wonder why the DOJ will probably need to scrape the barrel’s bottom to find lawyers willing to sacrifice their ethics and reputations. Since 47 likes his name on everything and he always wants his name first (don’t get me started), perhaps the more appropriate name would be Trump’s Department of Justice. Res ipsa loquitur.
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.
The post A Song Of ICE And Firing appeared first on Above the Law.