site banner

Culture War Roundup for the week of October 17, 2022

This weekly roundup thread is intended for all culture war posts. 'Culture war' is vaguely defined, but it basically means controversial issues that fall along set tribal lines. Arguments over culture war issues generate a lot of heat and little light, and few deeply entrenched people ever change their minds. This thread is for voicing opinions and analyzing the state of the discussion while trying to optimize for light over heat.

Optimistically, we think that engaging with people you disagree with is worth your time, and so is being nice! Pessimistically, there are many dynamics that can lead discussions on Culture War topics to become unproductive. There's a human tendency to divide along tribal lines, praising your ingroup and vilifying your outgroup - and if you think you find it easy to criticize your ingroup, then it may be that your outgroup is not who you think it is. Extremists with opposing positions can feed off each other, highlighting each other's worst points to justify their own angry rhetoric, which becomes in turn a new example of bad behavior for the other side to highlight.

We would like to avoid these negative dynamics. Accordingly, we ask that you do not use this thread for waging the Culture War. Examples of waging the Culture War:

  • Shaming.

  • Attempting to 'build consensus' or enforce ideological conformity.

  • Making sweeping generalizations to vilify a group you dislike.

  • Recruiting for a cause.

  • Posting links that could be summarized as 'Boo outgroup!' Basically, if your content is 'Can you believe what Those People did this week?' then you should either refrain from posting, or do some very patient work to contextualize and/or steel-man the relevant viewpoint.

In general, you should argue to understand, not to win. This thread is not territory to be claimed by one group or another; indeed, the aim is to have many different viewpoints represented here. Thus, we also ask that you follow some guidelines:

  • Speak plainly. Avoid sarcasm and mockery. When disagreeing with someone, state your objections explicitly.

  • Be as precise and charitable as you can. Don't paraphrase unflatteringly.

  • Don't imply that someone said something they did not say, even if you think it follows from what they said.

  • Write like everyone is reading and you want them to be included in the discussion.

On an ad hoc basis, the mods will try to compile a list of the best posts/comments from the previous week, posted in Quality Contribution threads and archived at /r/TheThread. You may nominate a comment for this list by clicking on 'report' at the bottom of the post and typing 'Actually a quality contribution' as the report reason.

16
Jump in the discussion.

No email address required.

I predict the major earthquake for law to be ABA permitting Arizona-style changes to rules about who can own a law firm, meaning Deloitte can have its own subsidiary law firm covered by MSAs that already exist with most fortune 500 companies. If that happens, biglaw is going to take more than a haircut.

Could you elaborate on what you mean by changes to rules about who can own a law firm? I'm a 1L so I'm only just starting to get a grasp on these sorts of things.

Current ethics rules in most jurisdictions state that lawyers cannot be managed by non-lawyers. This extends to ownership of law firms - they can’t be owned by corporations or other non-lawyer entities.

In 2021, Arizona broke with the majority and made it so that non-lawyers can hold an equity stake in a law firm. It has been piquing interest from legal-adjacent entities.

https://news.bloomberglaw.com/us-law-week/litigation-finance-companies-eye-law-firm-ownership-in-arizona.

Biglaw took a major hit in 2008 that it never really recovered from and will take another one when tight belts force companies to get creative in how they deal with legal needs.

Ethics rules typically prohibit non-lawyers from entering profit-sharing agreements for legal services. Arizona has loosened these restrictions in recent years to allow non-lawyers to be partners in law firms. The reasoning behind this move was that lawyers aren't necessarily the best business people so larger law firms could get an advantage by hiring experienced corporate managers.