The landscape of legal commentary and professional writing is evolving, marked by a shift in how established figures choose to publish their work. This is evident in the recent move by David Lat, founder of the prominent blog Above the Law in 2006 and the earlier anonymous blog Underneath Their Robes in 2004. After a two year hiatus from blogging to work as a legal recruiter, Lat is returning to full-time writing, but he is opting for a newsletter on Substack rather than a traditional blog. His aim is to sustain his livelihood through subscriber fees, set at $5 per month.
For someone who achieved near celebrity status in the legal world through blogging, Lat’s choice of Substack might seem unconventional. However, he explains that the platform’s subscription model offers a clear advantage: it allows him to earn a living without the necessity of generating millions of pageviews or cluttering his prose with advertisements.
Substack’s Growing Influence
Substack has become a significant force in publishing, viewed by some as the medium’s salvation and by others as its potential ruin. Its straightforward model for publishing and monetizing newsletters has attracted high profile authors, many of whom have departed from mainstream publications. They are drawn by the prospect of earning a living, or even substantial income, as independent writers.
Indeed, some authors on Substack are achieving remarkable success. Top earners on the platform, such as conservative political commentator Andrew Sullivan, journalist Matt Taibbi, and liberal historian Heather Cox Richardson, reportedly command seven figure incomes. Substack has actively sought to attract other talent, offering six figure advances to certain writers.
At least one attorney occupies this upper tier of highly paid Substack publishers: Glenn Greenwald. A former litigator, Greenwald is now a Pulitzer Prize winning journalist and the author of four New York Times bestselling books on politics and law, including No Place to Hide: Edward Snowden, the NSA, and the U.S. Surveillance State. He cofounded The Intercept in 2013 but moved to publish independently on Substack in October 2020.
Legal Voices on Substack
Given the attention focused on Substack and Lat’s transition, an examination of other legal professionals utilizing the platform is warranted. While not exhaustive, the following highlights several newsletters authored by lawyers or focusing on legal topics relevant to the Human&Legal readership.
Lat launched his Substack newsletter, Original Jurisdiction, in December, characterizing it as providing “incisive, fair-minded, and occasionally entertaining commentary about law and the legal profession.” The newsletter was offered free until this week, when he initiated a paid subscription. Lat recently shared that his motivation for returning to full time writing stemmed from the realization during the pandemic, after a severe battle with COVID-19, that writing is his true calling.
Like Greenwald and Lat, Jill Filipovic is a lawyer by training, better known for her journalistic career with outlets such as The Guardian and Cosmopolitan. She has also authored two books, The H-Spot: The Feminist Pursuit of Happiness (2017) and OK Boomer, Let’s Talk: How My Generation Got Left Behind (2020). Her newsletter covers a range of issues, with a focus on women’s affairs.
Another lawyer who transitioned into journalism is Joshua Rozenberg, based in the U.K. His newsletter, A Lawyer Writes, reports and comments on legal developments. He is described as “Britain’s most experienced full-time legal commentator,” having written and reported for the Law Society Gazette, the Guardian, The Daily Telegraph, and the BBC. He publishes frequently, offering some issues for free and others requiring a subscription.
Two additional Substack newsletters published by lawyers who became journalists include:
- The French Press: A thrice weekly newsletter from the conservative publication The Dispatch, written by senior editor David French. A former attorney and political commentator, French also serves as a columnist at Time and was previously a staff writer for National Review. He addresses law, politics, faith, and culture.
- SHERO: A newsletter published by Amee Vanderpool, a lawyer and journalist, covering political and legal issues affecting women and the general public. She publishes frequently, with content split between free and paid access.
The platform also features writers known for covering legal matters, such as Eli Sanders. Although not a lawyer, his coverage of trials and legal affairs has earned him the Pulitzer Prize. His reporting led to the state of Washington suing Facebook for alleged violation of campaign finance law. In his newsletter, Wild West, he documents how “legal shootouts” involving tech giants like Facebook, Google, Amazon, and Apple could redefine internet regulations.
In a category encompassing a lawyer who moved into journalism, entrepreneurship, and now academia, Jason Tashea publishes The Justice Tech Download. A former legal affairs writer for the ABA Journal and currently a distinguished visiting technologist at The George Washington University Law School, Tashea curates news on how technology and data can enhance the justice system.
Ken White, an Los Angeles attorney, is known for formerly writing the blog Popehat and hosting the First Amendment podcast Make No Law. White has also shifted his publication to Substack, where he authors The Popehat Report, described as “a newsletter about law, liberty and leisure,” primarily focused on criminal justice and free speech. The newsletter is currently free, but White intends to introduce paid subscriptions eventually.
Other Attorney Authored Newsletters
Other Substack newsletters written by legal professionals include:
- Heather vs. the World: Heather McKinney is an attorney, comedian, podcaster, and writer. She is an Equal Justice Works fellow in the Elder Justice Program. Her weekly newsletter includes commentary and answers to legal questions, such as, “Are death bed confessions a thing?”
- How I Lawyer: Jonah Perlin, a professor of legal practice at Georgetown Law, produces this podcast featuring interviews with lawyers discussing their work, motivations, and successful practices.
- Law of VC: Attorney Chris Harvey focuses his newsletter on venture capital law and technology within the legal sphere.
- Meditations of a Bipolar Attorney: Myles R. MacDonald, who describes himself as a biglaw attorney turned whistleblower and author, writes about living with bipolar disorder, his dissatisfaction with biglaw, and other topics.
- Rule of Law Guy’s Newsletter: This newsletter covers legal issues concerning investments in Fannie Mae and Freddie Mac bonds. The author is identified only as “Rule of Law Guy.”
- Second Stage: Ryan McCarl, an attorney and educator, is a PULSE Fellow in artificial intelligence, law, and policy at UCLA School of Law and a partner at the firm Rushing McCarl in Los Angeles. He writes on diverse subjects.
- Startup Naps: Authored by Josh Ephraim, an associate at Gunderson Dettmer, the content is described as, “A snoozy guide to startup law from your friendly neighborhood startup lawyer.” However, the newsletter has not been updated in two years.
- The Binary Lawyer: Christopher Moyé, a lawyer and software developer in New York City, covers “law, crypto, art, music, film, animation, video, governance, LIFE and IKIGAi,” with recent posts focusing on NFTs and crypto.
- The Successful Lawyer: Steven N. Peskind, a divorce lawyer in St. Charles, Illinois, writes about both the practice of law and the broader human experience, based on his belief that success requires a lawyer to understand the “whole human catastrophe.”
- The Triangle and 2: Ali Khan, a Harvard Law graduate and lawyer in Chicago, and Amit Tailor, a video coordinator at Clemson University’s men’s basketball, share a passion for basketball, which is the focus of their newsletter.
- Working Scribe: This is the infrequent newsletter of Bruce Godfrey, a Maryland attorney, which promises useful information for lawyers, including “forms, tools, spreadsheets, checklists, some model pleadings, charts, even contact lists – towards making the practice of law easier for us ‘working scribes.’”
Newsletters of Professional Relevance
Other Substack newsletters offer valuable information for legal professionals:
- Forward GC: A newsletter produced by Lawtrades, a company that places temporary personnel in legal departments.
- LetsTalkLaw: Written by Apoorva Gupta, a law student in India, its goal is to simplify law and legal news for non-lawyers.
- The Expert Witness Newsletter: A highly specialized newsletter publishing only expert witness opinions prepared for medical malpractice lawsuits.
- UK Law Weekly: This newsletter provides news and updates on the U.K. legal system, authored by Marcus Cleaver, a former university lecturer in law who also publishes the blog and hosts the podcast UK Law Weekly.
The emergence of Substack as a platform for legal commentators and professionals signals a notable trend in the communication of law and legal affairs. The platform offers a new avenue for experts to monetize their insights and connect directly with a specialized audience.
