Brad Wendel
@bradwendel.bsky.social
LawProf at Cornell - mostly legal ethics but also other stuff. Also following aviation, Texas alt-country music, tacos, and barbecue.
The DOJ's motion to disqualify Susman Godfrey under Rule 3.7 in the ABA litigation is so bad that I wonder how these lawyers passed the MPRE. But clearly they're getting nervous about what Susman might turn up in discovery.
Back to School on the Advocate-Witness Rule
A Shameless DOJ Motion
open.substack.com
I fly a ton through Washington-Dulles and when Trump was talking about having it renamed for him I thought oh well, I guess I'm taking the bus a lot. Thanks, PBI, for taking the hit.
Bravo United Airlines 👏👏👏👏👏 liveandletsfly.com/united-airli...
I work in a university and I don't know an actual communist.
I’m pretty liberal and I don’t know a single communist wtf are they talking about?
"Rule of law" is an empty slogan that can mean anything at all. I don't think so, and neither do many legal philosophers. I am aware that everyone hates philosophers, but this little explainer may still be helpful.
A Rule of Law Explainer
I was at a conference recently with several sessions dedicated to topics related to the rule of law.
open.substack.com
Read the comments on this post: The chatbot admits communications with it aren't privileged and, even better, admits that a legal chatbot like this would be engaging in UPL. Who greenlighted this thing? h/t @jtlg.bsky.social
A little late, I know - other stuff got in the way - but here's my reaction to the D.C. Circuit oral argument in the law firm executive order litigation. TL;DR - it was all about the security clearances.
The Law Firm Executive Orders Appeal
Reactions to the Oral Argument
open.substack.com
I'm proud of my kids for many things but near the top of the list is that they're both good cooks (and have the good sense not to waste their money on DoorDash).
Uh, guys, cooking at home was never a lifehack. Has everyone been under the impression that restaurant food was cheaper than groceries?
"'There will be no additional cost for the Trump-themed passports,' the State Department said." But an extra $500 to avoid having the picture of Trump in your passport - brilliant fundraising!
The State Department plans to release “a limited number of specially designed” U.S. passports that feature a picture of President Trump. nyti.ms/4u7W7KI
Dear associates starting jobs at big law firms soon: At the risk of being Captain Obvious, if your mistake causes an extremely powerful partner at your firm to have to write this kind of abject apology to a court, you will rue the day you were born: www.law360.com/articles/246... /1
I'm seriously worried that the argument of every lawyer facing a show cause order for fake AI citations is going to be "even S&C did it - it's standard of care now." Defining deviance down. /1
An elite Wall Street law firm has apologized to a federal judge for submitting a court filing replete with errors created by artificial intelligence, including “hallucinations” that fabricated case citations. nyti.ms/3OtR0pf
That's exactly the question. The Court has created a new puzzle (one we didn't need) of how to analyze rules of professional conduct under its speech-is-speech approach.
I'm Protestant, so this kind of isn't my fight, but imagine the world-historical level of narcissism it would take to believe that 121 cardinals gathered in the Sistine Chapel to elect a new Pope gave you even a moment's thought.
Yeah, and he really helped Viktor Orban by campaigning for him.
From February: "Republican operatives close to the White House told the Washington Examiner they expect Vance will be in high demand on the campaign trail in the coming months, with one calling him a 'rock star.'" No one tell them.
Now that Pam Bondi has joined Kristi Noem under the Trump bus, it's time for the Senate to step up and take its advice and consent function seriously. Here are some questions the Judiciary Committee can, and should, get answers to.
Some Questions for the Attorney General Nominee
Shoot, I was planning to get some work done today, but Trump had to go ahead and allow Attorney General Pam Bondi to retire from government service and take up “a much needed and important new job in ...
open.substack.com
From @theathletic.com: During a recent San Antonio Spurs game, a video of a woman in the crowd sending a message disparaging Hispanic fans went viral. On Saturday, the fans responded. nyti.ms/3NBzH5a
RIP one of the greats from my hometown of San Antonio, Augie Meyers, whose distinctive conjunto organ playing was essential to the Sir Douglas Quintet and the Texas Tornados. Not for nothing is "Hey Baby, Que Paso?" considered the unofficial anthem of San Antonio.
If Julie Le thought her job as temporary AUSA sucked, she's going to love being in Congress.
ICE Lawyer Who Told Judge She Was Overwhelmed Seeks New Role: Lawmaker
nytimes.com
This is what happens when you have an Attorney General who talks about "zealous advocacy" and forgets about the "within the bounds of the law" part. Total collapse of the distinction between prerogative and lawful authority.
Exclusive | Trump Ordered Justice Department Reversal on Law Firm Sanctions
“I never signed off on that,” the president told aides in the Oval Office, expressing displeasure with Justice Department leadership.
wsj.com
My thoughts on the news that the DOJ is dropping the appeal of the injunctions against the law firm executive orders. My conclusion as to the reason: hell if I know, but it sure is weird to see this administration back down on anything.
Pigs Flying Now
The Wall Street Journal is reporting [gift link; see also CNN, Bloomberg, Law360] that the Justice Department is dropping its appeals of the four summary judgment and permanent injunction orders enter...
open.substack.com
This is correct. The firms are telling students they need to get good grades while simultaneously asking them to come to receptions to schmooze with firm lawyers in the evenings when they should be preparing for exams.
This is so concerning because (as I understand it) the offers are conditional on grades. So the students are distracted from their studies during the most stressful and difficult time in law school and it's not clear to me they benefit from a genuine job offer at the end.
One of this administration’s core beliefs seems to be that no one would follow a code of conduct for any reason other than fear. Professional ethics, constitutional constraints, basic morality—no one actually *believes* in these things: everyone is just too weak or scared to discard them. 1/3
RIP to the great Flaco Jimenez, here singing about him hometown (and mine).
Flaco Jimenez - Ay Te Dejo En San Antonio
YouTube video by juan8221
youtu.be
"In all, nearly 1,700 devices were purchased to distribute across the Army’s helicopter fleet. The device, called the Stratus ..." Something is screwy when the Army is just now buying something I've flown with for years.
After deadly D.C. plane crash, Army expands use of navigation devices
Officials say they are prioritizing the Black Hawk helicopter unit from Fort Belvoir involved in the midair collision with an American Airlines passenger jet.
washingtonpost.com
WHY ARE LAWYERS STILL DOING THIS? This issue has been reported on and written about to death and somehow lawyers continue to crank slop out of consumer-grade AI products and FILE IT WITH COURTS. What the actual fuck?
I see federal judges are starting to get serious about attorneys using AI hallucinations