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The Workhorse Justice: Ming Chin on Prolific Opinion Writing, DNA Evidence, and the Art of Mediation

Last updated on April 28, 2026 by Tim Kowal
Justice Ming Chin wrote more majority opinions in his first decade on the California Supreme Court than any colleague—then retired to discover that mediation feels a lot like his first judicial assignment in family law, where the goal was bringing people together rather than telling them what to do. Justice Ming’s biggest pet peeve as...Read More >>

April Fool's Legal Myths: From "One Phone Call" to Dual-Citizenship

Last updated on April 1, 2026 by Tim Kowal
The law is riddled with things "everybody knows" that aren't actually true. In this April Fool's-themed episode, Tim Kowal and Jeff Lewis discuss several legal myths, half-truths, and courtroom fictions—from rules of evidence to constitutional assumptions to a Scopes Monkey Trial mythology that is more Hollywood script than record. Key points: Miranda warnings aren't in...Read More >>

From BigLaw to Boutiques: David Lat on Trump, VanDyke, and the Art of Oral Argument

Last updated on March 25, 2026 by Tim Kowal
David Lat—founder of Above the Law and author and host of Original Jurisdiction blog and podcast—explains what these stories reveal about a legal profession navigating ideological warfare, economic disruption, and the enduring craft of persuasion. Paul Clement delivered what SCOTUSblog called "a master class in oral argument" in Trump v. Cook. Lat dissects what made...Read More >>

The Myth of the Rule of Law in Nude Female Korean Spas

Last updated on March 19, 2026 by Tim Kowal
wo explosive First Amendment cases from the Ninth Circuit—culture-war flashpoints are reshaping speech & religious-freedom doctrine… and judicial decorum. In B.B. v. Capistrano Unified, the court held that elementary students have enforceable free speech rights under *Tinker*, vacating summary judgment after a first grader was disciplined for giving a classmate a sweet drawing that ran...Read More >>

CA Trans Law Stay in SCOTUS, and AI Sanctions in SCOCA

Last updated on March 10, 2026 by Tim Kowal
Justice Kagan has more words about the emergency docket aka shadow docket. This one is about the 9th Circuit panel injunction of California's law requiring school officials not to share with parents when their children present as trans. The Supreme Court keeps the injunction in effect. And on the fee award front, big firms don't...Read More >>

The AI-Work Product Split, & Deadbeat-Dad Deals=Unenforceable

Last updated on March 3, 2026 by Tim Kowal
Three paradoxes feature in this episode: Paradox 1: You must disclose a bankruptcy stay to the Court of Appeal. What about a bankruptcy that does not create a stay? Answer: Yes, the disclose-bk-stay rule also means disclose a bk non-stay. Paradox 2: Deadbeat dad owes $500k. He settles and agrees to pay $250k. How much...Read More >>

California's Appellate Chaos and a Proposed Fix

Last updated on February 24, 2026 by Tim Kowal
In Part 2 of our conversation with Michael Shipley, Tim and Jeff dig into the real-world fallout of California's no-horizontal-stare-decisis rule — and the structural fix Shipley has been developing to address it.Shipley walks Tim and Jeff through his proposed "mini-en banc" transfer mechanism — a way for the California Supreme Court to empower a...Read More >>

California's No-Horizontal-Stare-Decisis Rule: How an Accident Became Law

Last updated on February 18, 2026 by Tim Kowal
California is the largest common-law jurisdiction where appellate courts don't follow each other—and it happened by accident. In Part 1 of this two-part episode, Michael Shipley explains how Bernard Witkin’s treatise reflections on case dicta became binding law, why the federal circuit model works differently, and what the rule costs practitioners and trial judges every...Read More >>

The Ethics and Philosophy of AI in Legal Practice

Last updated on February 10, 2026 by Tim Kowal
Is your AI training data biased? And is using AI-generated reasoning plagiarism? James Mixon, Managing Attorney at California's Second District Court of Appeal, covers troubling topics on how lawyers should, and should not, use AI. In this second part of Tim and Jeff’s conversation, James discusses how we can detect and counteract bias baked into...Read More >>

The Hallucination Trap: How to Use AI in Legal Practice Without Losing $10,000

Last updated on February 5, 2026 by Tim Kowal
In the first half of their conversation with James Mixon, Managing Attorney at California's Second District Court of Appeal, Tim Kowal and Jeff Lewis ask what is healthy AI use, and unhealthy use? To help organize—yes! To replace judgment—no! Tip: When an attorney does not read AI output before filing a brief, expect sanctions. Disclaimer:...Read More >>

A Supreme Lemon: Michelle Fonseca on used-car consumer protections after Rodriguez

Last updated on January 28, 2026 by Tim Kowal
Lemon Law lawyer Michelle Fonseca-Kamana discusses the seismic shifts in California lemon law—from the Supreme Court's decision in Rodriguez v. FCA US LLC (October 31, 2024) 17 Cal.5th 189 that effectively eliminated most used car claims, to the explosion in case filings (from 4,500 in 2015 to over 22,000 in 2023), to new legislative reforms under...Read More >>

Federal contempt is broader than Cal. contempt, & PAGA victory becomes a “smoldering ruin”

Last updated on January 20, 2026 by Tim Kowal
You have to literally disobey an order in California to be held in contempt. But federal courts are a little more touchy-feely: they will find a contempt for violating the “spirit” of their orders. Tim and Jeff compare the Ninth Circuit's contempt finding against Apple in the *Epic Games* dispute, and a state litigant who...Read More >>

New Civ Pro Rules for 2026

Last updated on January 7, 2026 by Tim Kowal
California’s New Legal Rules for 2026: AI, Photo Proof of Service, and Simpler Statements of Decision New statutes and court rules taking effect in 2026 and 2027 will change how California lawyers serve papers, preserve appellate issues, and disclose their use of artificial intelligence. Appellate attorneys Tim Kowal and Jeff Lewis focus on what actually...Read More >>

$25K for a Malicious Anti-SLAPP & Other Bad-Lawyering Sanctions

Last updated on December 30, 2025 by Tim Kowal
AI-sanctions might get eyeballs, but the bigger sanctions are still for plain old bad lawyering. Jeff also raises this ethical and pragmatic question: who defends the lawyer when sanctions threaten the client? Should counsel facing an OSC retain separate counsel for the sanctions component to avoid divided attention and better protect client interests? What if...Read More >>

Media immunity and civil bounty hunters

Last updated on December 19, 2025 by Tim Kowal
A scandalous Netflix documentary called an unconventional sex-based therapy business an “orgasm cult,” all based on a sole source whose account has several flaws. But the Court of Appeal dismissed the defamation case on anti-SLAPP grounds. Tim and Jeff discuss whether any California defamation case against a media company could survive the one-two punch of...Read More >>

Why AI Cites Really Bother the Courts

Last updated on December 4, 2025 by Tim Kowal
Want to know why bad AI cites really bother the courts? Jeff and Tim discuss two recent fake-AI-cites cases imposing sanctions and State Bar referrals, and draw this conclusion: It’s not that AI is bad at law—in one of these cases, the court noted that none of the AI mistakes even went in the direction...Read More >>

Pronouns at the Supreme Court & AI Arbitrators

Last updated on November 12, 2025 by Tim Kowal
The California Supreme Court’s long-awaited "Taking Offense" decision on gender pronouns in elder care facilities introduces a new “captive audience” exception to the First Amendment. Tim worries this new judicial carve out may creep to other forums; Jeff is unperturbed. Tim also shares insights from the Federalist Society National Conference, before examining a significant appellate-fee...Read More >>

What’s on Judges’ Minds, with Jimmy Azadian: From Threats to Judges to the ‘Turn It Down’ Law

Last updated on November 5, 2025 by Tim Kowal
Jimmy Azadian is often in the room when federal judges get together to share their personal concerns about the job. When judges are asked to come speak to a group, Jimmy reports that top of mind are the recent threats to judges and the courts—whether from armed vigilantes, protesters, students, or senators. Jimmy, Tim, and...Read More >>

Skating to Where the AI Puck is Going: ClioCon 2025 Insights

Last updated on October 30, 2025 by Tim Kowal
AI Reshapes Legal Practice: ClioCon 2025 Delivers a Wake-Up Call Jeff Lewis reports from the 2025 Clio Cloud Conference in Boston. Day 1 was encouraging, but Jeff reports feeling Day 2 as a “gut punch”: within about 5-10 years, many fundamentals of legal practice will be unrecognizable. Here are a few ways legal industry leaders...Read More >>

Don’t Boies Schiller your brief—”Read all your cases!” says AI Legal Writing Prof. Jayne Woods

Last updated on October 23, 2025 by Tim Kowal
Few lawyers and LRW instructors write and think more about AI than Professor Jane Woods of Mizzou Law, who offers this most important AI advice: If you haven’t read the case, don’t cite the case. Jeff thinks our business and even this podcast will be aped by robots by this time next year. Until then,...Read More >>

Legal-tech guru Ernie Svenson on how attorneys should use AI

Last updated on October 14, 2025 by Tim Kowal
Just a couple years ago when we talked with Ernie Svenson, the attorney who talks tech fluently, AI was not even a thing. Now in late 2025, it’s the only thing. Ernie joins Tim and Jeff to discuss the rapidly evolving landscape of AI in legal practice, why AI gives small firms an advantage, and...Read More >>

Teaching Justices to Write: Cherise Bacalski

Last updated on October 7, 2025 by Tim Kowal
Teaching Judges: Appellate Expert Cherise Bacalski on Brief Writing and the Human Side of Law In this compelling episode, Tim Kowal interviews Cherise Bacalski, a Western United States appellate specialist and writing coach at NYU Law's New Appellate Judges Program, about her insights from both sides of the bench and how her background in rhetoric...Read More >>

9th Circuit overrules the appeal-extension rule: 30 Days Means 30 Days

Last updated on September 17, 2025 by Tim Kowal
Appealing in the 9th Circuit? Your deadline is 30 days. Don’t let Rule 58’s “separate document” extension lead you astray. Appellate specialists Tim Kowal and Jeff Lewis also discuss ChatGPT 5 (a “market disruptor”), and sanctions strategies in federal court. And more practical insights on navigating procedural pitfalls, avoiding sanctions, and ethically incorporating AI tools...Read More >>

When Copy & Paste Gets Costly, & other recent cases

Last updated on September 9, 2025 by Tim Kowal
Failing to cite your secondary sources in briefs is poor form. But is it plagiarism? Jeff and Tim debate. And when the Supreme Court The publishes a case, should it explain itself? PJ Gilbert and Tim say yes, Supreme Court and Jeff disagree. Also in this episode: Tune in for AI ethics, briefing blunders, and...Read More >>

Patrick Hagen’s legal writing tips for the LinkedIn masses

Last updated on August 26, 2025 by Tim Kowal
Patrick Hagen is a man of the people—he still proudly uses Times New Roman! But he also has the ear of LinkedIn’s legal-writing elite, with over 36,000 followers as of August 2025. Patrick sits down with Jeff and Tim to share the source and method behind his viral legal-writing tips, how his judicial clerkships shaped...Read More >>

Headless PAGA Claims, with Monte Grix

Last updated on August 20, 2025 by Tim Kowal
Unlike any other state, California effectively deputizes employees to act as “Private Attorney Generals” to sue employers for PAGA claims—both for themselves, and for their co-workers. But since the individual claims can get compelled to arbitration, employees started to file claims only on behalf of the “body” of co-workers, asserting no claim on behalf of...Read More >>

The John Eastman Disbarment Recommendation

Last updated on July 23, 2025 by Tim Kowal
Summarizing the extraordinary events surrounding the 2020 election, the California State Bar Court’s review decision issued a decision in June 2025 recommending that President Trump’s election attorney, John Eastman, be disbarred. Tim and Jeff unpack. Jeff and Tim (nervously) debate the implications of the ruling.   Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter...Read More >>

CALP - Interview – Adam Feldman on SCOTUS Term Roundup

Last updated on July 16, 2025 by Tim Kowal
SCOTUSblog contributor and EmpiricalSCOTUS analyst Adam Feldman joins us for a recap of the 2024–25 Supreme Court term. We dive into the end-of-term Stat Pack, ideological surprises, dissent patterns, and whether the Court is still a 6–3 conservative lock—or something more nuanced. We discuss: Tune in to learn how to read between the majority lines—and...Read More >>

Judges maneuver around universal-injunction ban

Last updated on July 8, 2025 by Tim Kowal
Mere days after SCOTUS enjoins universal injunctions, judges find other way to afford “complete relief.” A big one: The Administrative Procedure Act allows courts to enjoin agency actions. Also: What if a defendant does not want a co-defendant dismissed and relieved of liability? The California Supreme Court says co-defendants can oppose each other’s MSJs in R&D...Read More >>

So long, nationwide injunctions & 9th Cir. SLAPPs

Last updated on June 30, 2025 by Tim Kowal
No more nationwide injunctions, SCOTUS says Justice Barrett writing for the 6-3 majority in Trump v. CASA. District courts must limit their injunctions to the “case or controversy” before it. Justices Sotomayor and Jackson each wrote dissents urging that more judicial power was needed to check the executive. In response, Justice Barrett says that exceeding...Read More >>
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"It may be that the court is thought to be excessively legalistic. I should be sorry to think that it is anything else."

— Hon. Sir Owen Dixon, Chief Justice of Australia

"Moot points have to be settled somehow, once they get thrust upon us. If an assertion cannot be proved, then it must be settled some other way, and nearly all of these ways are unfair to somebody."

—T.H. White, The Once and Future King

“It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is today, can guess what it will be tomorrow. Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed?”

— James Madison, Federalist 62

"Do not worry about people stealing your ideas. If your ideas are any good, you'll have to ram them down people's throats."

— Howard H. Aiken

"So far as the beginnings of law had theories, the first theory of liability was in terms of a duty to buy off the vengeance of him to whom an injury had been done whether by oneself or by something in one's power. The idea is put strikingly in the Anglo-Saxon legal proverb, 'Buy spear from side or bear it,' that is, buy off the feud or fight it out."

— Roscoe Pound, An Introduction to the Philosophy of Law

"A judge is a law student who grades his own papers."

— H.L. Mencken

Show neither partiality to the weak nor deference to the mighty, but judge your fellow men justly.

Leviticus

"Counsel on the firing line in an actual trial must be prepared for surprises, including requests for amendments of pleading. They cannot ask that a judgment afterwards obtained be set aside merely because their equilibrium was slightly disturbed by an unexpected motion."

Posz v. Burchell (1962) 209 Cal.App.2d 324, 334

"At common law, barratry was 'the offense of frequently exciting and stirring up suits and quarrels' (4 Blackstone, Commentaries 134) and was punished as a misdemeanor."

Rubin v. Green (1993) 4 Cal.4th 1187

"God made the angels to show Him splendor, … Man He made to serve Him wittily, in the tangle of his mind."

— Sir Thomas More in Robert Bolt's A Man for All Seasons

"Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws."

— Plato (427-347 B.C.)

"Upon putting laws into writing, they became even harder to change than before, and a hundred legal fictions rose to reconcile them with reality."

— Will Durant

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