Legal Writing and AI (Ross Guberman) (Ep. 416)

Rachel Cohen, a former Skadden associate, joins Ben and Nate to discuss how Big Law is responding to recent executive orders aimed at major firms. They examine how the orders challenge the legal system, why firms are staying quiet, and the resistance staged by associates across the industry. Later, Ben and Nate highlight Crushing 1L, the Demon’s new program for first-year law students. They also host another round of the Personal Statement Gong Show. And What’s the Deal With St. Thomas University? 0:29 – Big Law Showdown with Rachel Cohen - Rachel Cohen, a Harvard Law graduate and former Skadden associate, made headlines after resigning to protest Big Law’s weak response to Trump-era executive orders. She criticized top firms for caving to political pressure in an open letter and interview. Above the Law’s “Big Law Spine Index” shows that of the top fifty firms, the largest firms, only five have taken a stand to resist the executive orders from the Trump administration. One reason, she noted, is that many firms keep minimal cash reserves, leaving them financially exposed to government backlash.39:53 – Crushing 1L: Get Ahead Before Day One - LSAT Demon’s Crushing 1L program is now available to all paying subscribers. It introduces essential first-year concepts and vocabulary to prepare students to hit the ground running. Given the potential impact that first-semester grades have on career outcomes, it is more important than ever for students to start law school on the right foot. 47:43 – Tips from a Departing Demon: Don’t Go - Scoring high on the LSAT doesn’t mean law school is the right path. A departing student explains why law school wasn’t the right choice for her. The Demon team isn’t here to sell you on law school. They want you to succeed, whether that’s in law or elsewhere. 52:36 – Personal Statement Gong Show - Greta is the next contestant in the Personal Statement Gong Show. This is the segment where Ben and Nate will read your personal statement, but as soon as they spot a problem, they hit the gong and stop reading. The current record is five lines, held by Jeremiah. 1:14:52 – What’s the Deal With… St. Thomas University? - This unranked law school offers a “summer conditional program” that promises admission if you finish in the top 15%, but you’ll be paying full price for that gamble. Employment outcomes are dismal—around 30% of graduates are underemployed—and most scholarships are conditional and frequently reduced. With a median salary of $50,000 and potential debt over $300,000, the hosts’ verdict is clear: don’t go to St. Thomas University’s law school.1:18:54 - Word of the Week - Rigmarole - “Kashmir: From Legal Rigmarole to a Solution.”

Logical Reasoning predictions rely on the basics: accept the premises, assume the conclusion is false, and don’t read the question first. Ben and Nathan explain how these steps make the section easier and why reading the question first often hurts performance.They also discuss how law schools use seat deposit deadlines to encourage students to accept weaker scholarship offers. The guys warn about the return of student loan collections and emphasize avoiding debt without a solid repayment plan. They introduce “Crushing 1L,” a new tool to help students start law school strong. Then another episode of Personal Statement Gong Show. Study with our Free PlanDownload our iOS appWatch Episode 504 on YouTube0:28 – Deposit Deadline Drama - Law schools' admissions offices are sales departments. Changing offers right before deposit deadlines puts pressure on applicants to accept worse deals. It’s all part of the game schools play to leverage scholarship offers to manipulate their GPA and LSAT medians.10:35 – Student Loans in Collections - Collections are now in effect for defaulted student loans, including wage garnishments. With less than 40% of borrowers current on their payments, it’s a stark reminder not to take on massive debt for law school unless you have a solid plan to pay it off. Always check employment outcomes. Most importantly, get an LSAT score that lets you go to law school for free. 23:34 – Prepping for 1L Success - The Demon has a new feature, “Crushing 1L,” to help you get a grasp of the language and the big picture of law school before you even start. Hadari’s story—getting into Stanford Law without debt after 2.5 years of prep—shows it’s worth taking your time to do law school the right way. Even if you finish law school at the bottom of your class, graduating debt-free puts you on firm financial footing.37:19 – Making Better Predictions - Never read the question first. You get better at making predictions in Logical Reasoning by practicing the right way. Accept the premises, expect the conclusion not to be properly proven, and be skeptical of every argument. 52:16 – Remaining Time in Reading Comprehension - If you’re low on time in Reading Comprehension in a practice section, go ahead and start the next passage. Then finish the passage and the questions after time runs out. The goal of practice is long-term reading improvement, not squeezing out a few extra points. On test day, though, you might try reading a bit and grabbing a main point question, or simply use the remaining time to rest and reset.56:17 – Personal Statement Gong Show - Bryan is the next contestant in the Personal Statement Gong Show. This is the segment where Ben and Nate will read your personal statement, but as soon as they spot a problem, they ring the gong and stop reading. The current record is five lines, held by Jeremiah. 1:12:18 – Don’t Want to Be an Attorney - A demon student aspires to become a clinical ethicist after a decade of nursing experience. Ben and Nate caution that if a JD is necessary, fine, but do not pay for law school. A nursing license already carries a ton of career value, so make sure you know exactly what you’re getting into before you commit to more school and debt.1:18:54 - Word of the Week - Verisimilitude - “After reading this chain, I recognized that this conversation possessed a high degree of verisimilitude. The texts, in their word choice and arguments, sounded as if they were written by the people who purportedly sent them, or by a particularly adept AI text generator.”

The secret to scoring a 170 on the LSAT? Don’t finish the section—just slow down and focus on accuracy. Ben and Nathan share an excerpt from their new book, The LSAT Is Easy, that breaks down what it takes to reach score milestones. They also unpack common admissions gimmicks, share tips from a departing demon, and host another round of the Personal Statement Gong Show.Study with our Free PlanDownload our iOS appWatch Episode 503 on YouTube0:37 - The LSAT Is EasyBen and Nathan explain why the LSAT isn’t as difficult as it seems. Rushing through questions leads to repeated mistakes, not progress. They encourage slowing down, focusing on accuracy, and carefully solving each question. The episode also introduces their new, budget-friendly book. Improving your score starts with doing questions right, not doing more of them.19:33 – Marketing gimmicks Law schools use tactics like seat deposit deadlines and “priority waitlists” to pressure applicants into accepting full-price offers. Ben and Nathan explain how these strategies work, why they don’t reflect actual capacity, and how they help schools find eager, full-paying students.  Their advice?  Ignore the pressure. Focus on scholarships and long-term results.40:50 – Why didn’t Ben enjoy his job in the justice department? Ben recalls his time at the DOJ, where much of his work involved revising boilerplate from other lawyers. They also discuss clerkships—what they entail, how they differ, and why federal ones are more significant. For more on clerkships, check out Thinking LSAT Episode 418, Demystifying Federal Clerkships.43:53 – You Don’t Need to Explain Every Wrong Answer. Some students waste time trying to explain every wrong answer. Ben and Nathan suggest it’s more useful to understand the logic behind the correct ones and focus your review on the questions you missed. The point isn’t to memorize everything—it’s to build real understanding.48:23 – Personal Statement Gong ShowAngel shares a personal statement for critique. Ben and Nathan emphasize that it needs to focus squarely on the applicant. Highlighting anything other than your skills wastes space that should be used to show why you will succeed in law school and the legal profession. 1:09:16 - Tips from a Departing DemonBlake shares two pieces of advice: every word on the LSAT counts, and practice doesn’t make perfect—just better. Ben and Nathan agree with another student who reminds listeners not to take the test until they’re truly ready.1:14:16 - Word of the Week - Concomitant"Neurosurgery seemed to present the most challenging and direct confrontation with meaning, identity, and death. Concomitant with the enormous responsibilities they shouldered, neurosurgeons were also masters of many fields: Neurosurgery, ICU Medicine, neurology, radiology."

Ben and Nathan break down the newly released U.S. News law school rankings, including an initial error that caused some confusion. They explain why slight shifts in rankings—like Cornell dropping out of the Top 14 or the new Top 17—shouldn’t heavily influence your law school choice. Instead, they stress applying broadly and focusing on schools with the best scholarship offers and employment outcomes.A listener asks if retaking the LSAT is worth it after being rejected or waitlisted by all her top schools. In Pearls vs. Turds, they assess a tip about highlighting adverbs in reading comprehension, noting that understanding their role matters more than marking them up. Then, they offer guidance on handling unanswered questions after timed sections. And what’s the deal with Pace Law School? Study with our Free PlanDownload our iOS appWatch Episode 502 on Youtube0:30 – The New U.S. News Rankings (and a Bit of Confusion)Ben and Nathan unpack the latest U.S. News Law School Rankings, which briefly included an incorrect list due to an initial error. A four-way tie at 14th place has turned the usual Top 14 into a Top 17. Their main point: minor ranking shifts shouldn't drive your decision. Focus instead on applying broadly and choosing the school that offers the best mix of scholarship money and job prospects.15:29 – Is It Time to Retake the LSAT?A listener waitlisted or rejected by all her top-choice schools asks for advice. Ben and Nathan agree she should retake the LSAT and reapply. They warn against accepting the steep “waitlist prices” schools often offer. Their advice: apply to at least 10 schools to maximize offers, but don’t count long-shot “reach” schools in that total.26:36 – Pearls vs. Turds: Should You Highlight Adverbs?This week’s tip suggests highlighting all adverbs in reading comprehension. While adverbs can shape a passage’s meaning, the Demon still advises against highlighting. It can become a crutch that replaces real understanding. What matters is grasping their impact, not marking them. Verdict: a pearl—with some polishing.32:30 – What To Do With Unanswered QuestionsA student using the Demon method—focusing on one question at a time and ignoring the clock—asks what to do with leftover questions once time runs out. Ben and Nathan suggest reviewing the questions he attempted and missed first, then finishing the remaining ones untimed, treating them like regular drilling.35:34 – What’s the Deal with Pace Law SchoolThis week’s What’s the Deal With is prompted by former FBI Director Kush Patel leaving Pace Law School off his official bio. Ben and Nathan highlight common concerns with schools like Pace, including conditional scholarships and limited employment outcomes. They also caution against being swayed by marketing claims like “number one ranked environmental law program” and encourage students to focus on scholarship offers and job prospects.1:02:51 - Word of the Week - StruthiousIf the reckless disregard standard... served merely as a substitute for willful misconduct—to prevent the defendant from "deliberately blinding himself to the consequences of his tortuous action"—section (b)(3) would be redundant since section (b)(2) already covers such struthious conduct.

Ben and Nathan focus on shifting the power dynamic in law school admissions. From controlling scholarship negotiations to spotting misleading admissions practices, they offer practical advice for staying in control and making informed decisions. Sometimes, that means rejecting law schools that aren’t making the cut when it comes to scholarship offers. Study with our Free PlanDownload our iOS appWatch Episode 501 on Youtube0:35 – How Often Do Students Reject Schools - If you’re not turning down offers, you didn’t apply to enough schools. Applying broadly puts applicants in the driver’s seat and creates leverage for better offers. Nathan and Ben explain how schools are under pressure to fill their class and how savvy students can use that to negotiate their scholarship offers. They also caution against binding early decision programs, 3+3 tracks, and anything else that limits a student's ability to apply broadly.14:23 – Is the Scholarship Estimator Broken - Two students express concern over their scholarship prospects. The updated 2024 ABA reports in the estimator appear less optimistic than earlier estimates. Nathan and Ben explain how changes to reporting standards might allow law schools to deflate reported scholarship numbers and obscure actual financial outcomes. They emphasize the importance of focusing on getting the best score possible on the LSAT, applying broadly, and not panicking.33:22 – Eliminating Wrong Answers as a Strategy - There are two ways to get a question right: identifying the correct answer or eliminating the wrong ones. While the latter can work, it’s not the most efficient method. Ben and Nathan caution students against eliminating an answer choice because they don’t understand it. The preferred strategy is understanding why the right answer is correct, which often saves time and improves accuracy.36:53 – Personal Statement Gong Show - Nathan and Ben continue their “gong show” series, reading listener-submitted personal statements. The guys read until they find something that derails the statement and then immediately stop. The current record stands at five lines. This week, James submits his essay in an attempt to beat the record.44:27 – What’s the Deal with Southwestern Law School - Southwestern still uses conditional scholarships that Nathan and Ben classify as “scammerships.” Nearly 50% of students had their scholarships eliminated while in school. While the top students may thrive, the majority face poor employment outcomes and low bar passage rates. They advise listeners not to attend Southwestern at full or even half price. Anyone facing a scholarship cut should be prepared to drop out. They also discuss Southwestern’s part-time, online, and accelerated JD programs. These options might be more convenient, but they usually cost just as much as the regular three-year JD.1:03:09 – Word of the Week - Many economists argue that tariffs create market distortions that can harm domestic consumers over time. 

On Episode 500 of Thinking LSAT, Ben and Nathan tackle the most pervasive myths surrounding the LSAT, law school, and the legal profession. The core of the Demon philosophy shows up again and again in their myth-busting: read for comprehension, solve each problem, and don’t pay for law school. Study with our Free PlanDownload our iOS appWatch Episode 500 on Youtube3:46 - Myth 1: Most Students Pay Full Price to Attend Law School Only about 1 in 5 actually pay full price. Law schools use clever marketing tactics to make full-price tuition seem more common than it is. Ben and Nathan emphasize that this is the number one myth that the Demon dispels.12:31 - Myth 2: You Should Only Take the LSAT Once The advice not to retake the LSAT is outdated. U.S. News no longer factors in multiple LSAT scores, and law schools only care about the highest score. You should plan on using all five of your attempts. 26:09 - Myth 3: Learn the Basics Before Attempting Questions The Demon doesn’t force theory first because it’s dull and counterproductive. By diving into questions first, you build the skills that actually matter—understanding and solving. With the Demon, you get written explanations for every question, thousands of video explanations, and a vast lesson library.35:23 - Myth 4: You Need a Strategy to Manage Timing Many LSAT companies’ advice focuses on unnecessary timing strategies. The guys remind listeners to ignore the clock and instead take one question at a time and solve it. Trying to “manage time” while understanding the test is a losing game. The LSAT rewards careful, critical thinking, not gimmicks. 50:27 - Myth 5: Read the Question Before the Passage Ben and Nate explain that the fundamental skill on the LSAT is understanding what you’re reading. Any distraction from that only makes things more complicated. By focusing on comprehension first, tough questions become more straightforward. The goal is to turn level fives into level ones by fully understanding the passage before worrying about the question.57:58 - Myth 6: You Need to Learn Formal Logic You don’t need to learn formal logic to succeed on the LSAT. Everyday language and basic common sense are enough. The LSAT tests argument understanding, not rule memorization. 1:00:34 - Myth 7: Law is a Lucrative Career Many students assume that a career in law guarantees big paychecks, but the reality is more complicated. Ben and Nathan share an ABA report highlighting an average salary of approximately $170,000, but many lawyers make closer to $70,000. The salary distribution is bimodal, meaning a few big salaries drag up the average. In fact, lawyers report some of the lowest satisfaction levels with the value of their graduate degrees.1:12:06 - Myth 8: You Should Highlight Reading Comprehension and Diagram Logical Reasoning Highlighting and diagramming might seem helpful, but they often become a substitute for actual understanding. Worse, errors in diagramming can throw off comprehension entirely. Focus on understanding the passage, not marking it up.1:15:30 - Myth 9: You Should “Blind Review” After a Practice Test Blind reviewing every question isn’t the most effective method. Instead, identify the ones you missed and retry those. But just because you got it right the second time doesn’t mean you’re done—dig deeper to understand why you missed it in the first place1:18:11 - Myth 10: Drill a Specific Question Type Recognizing question types is a crucial skill on the LSAT, one that is hindered by focusing on only one question type. Instead, rely on the Demon’s choice when drilling. Demon’s choice emphasizes the best approach: reading carefully, thinking critically, and solving the problem at hand. 1:21:44 - Myth 11: You Should Study as Many Hours as You Have Available More hours don’t mean better results. Studying 8 hours a day isn’t the answer—high-quality studying is. One focused hour can be far more effective than grinding away all day with diminishing returns.

 Ben and Nathan kick off the return of Thinking LSAT’s personal statement review segment with a listener's personal statement that had potential. But the statement quickly strays into the weeds, and Ben and Nathan “ring the gong.” Then Ben and Nathan emphasize the importance of securing a full scholarship to minimize risk during a potential economic recession. They also reassure a listener that reapplying with a higher LSAT score won’t hurt her chances. Later, they offer advice on effective LSAT review strategies and discuss the value of LSAT skills beyond the test. Ben and Nathan caution against Seton Hall’s 3+3 program, and others like it. Study with our Free PlanDownload our iOS appWatch Episode 499 on Youtube0:27 - The Risk of Law School Debt - Bobby shares a blog post highlighting the risks of taking on law school debt. Ben and Nathan discuss how law schools have evolved from para-professional training programs into elite “finishing schools” detached from the realities of legal practice. This shift has contributed to skyrocketing student debt. As economists warn of a potential recession, history suggests that the legal job market may suffer just as it did during the 2008 financial crisis. The guys reference a piece by Karen Sloan that paints a grim picture of recent law school graduate employment, potentially signaling tougher times ahead. Their advice? Avoid the risk—attend law school only if you secure a full-tuition scholarship.28:52 - Reapplying Next Cycle - Alice originally applied to law schools with an LSAT score below the medians of her top choices. Following Demon’s advice, she retook the LSAT to improve her score before reapplying. Now, she worries that reapplying to schools that previously accepted her might hurt her chances of securing a scholarship. Nathan and Ben reassure her that law schools will treat her new application independently and that reapplying won’t be held against her. They commend her decision to wait a year to maximize her scholarship opportunities.33:31 - How Do I Review? - Alanna feels like she’s spinning her wheels and isn’t sure how to review effectively. The guys remind her that most mistakes stem from simple misreading. True learning happens when concepts “click” because you’ve uncovered the logic you previously overlooked. They encourage her to focus on understanding the reasoning behind the correct answers rather than just memorizing explanations.45:31 - Use Scholarships to Motivate Your Study - A student making solid progress on the LSAT expresses a loss in motivation. Ben and Nathan remind her that LSAT prep builds essential skills for a legal career—if she isn’t enjoying the process, she should seriously consider whether law is the right path. They also warn that while a 155 might be enough for admission, it’s unlikely to secure a scholarship. They suggest using the goal of a full-ride scholarship as motivation to keep improving her score.51:04 - LSAT Skills Are Transferable - Departing Demon, James reflects on the invaluable skills he gained from studying for the LSAT. 52:43 - Personal Statement Segment - Ben and Nathan review Jeremiah’s personal statement. While his topic is compelling, they note that the statement quickly shifts away from the “personal” aspect, getting lost in the story's context.1:04:43 - What’s the Deal With Seton Hall? - A student asks about Seton Hall’s 3+3 program, but Ben and Nathan caution against it, arguing that such programs lock students into paying full tuition before they can explore other law school options. They also criticize Seton Hall’s continued use of predatory conditional scholarships. However, they acknowledge that Seton Hall’s part-time program is a smart choice for students who want to work while attending law school.1:52:34 - Word of the Week - “In that construct, the strong performance of the few can obfuscate the mediocrity of the many.”

Law school tuition is designed to exploit the students willing to pay full price, even though very few actually do. This week, Ben and Nathan explain why the more you pay for law school, the more you subsidize your classmates' scholarships.Later on, Ben and Nathan warn students not to confuse understanding with memorization. They caution listeners against taking on significant debt with the hope of loan forgiveness later. And they help a student pick a topic for his personal statement. Study with our Free PlanDownload our iOS appWatch Episode 498 on Youtube0:30 - Stuck on Questions - Devin struggles with complex questions no matter how long he spends on the passages. Ben and Nathan hypothesize that Devin may be falling into the trap of memorizing, but not understanding, the passage. 10:24 - Last Few Points - How do you go from a 170 to a 175? One student describes the daunting feeling accompanying the jump in those last few points. The guys advise him to slow down and attempt fewer questions in exchange for better accuracy. The only road to a 175+ is understanding every question you attempt. 15:25 - Do STEM Majors Get a Break?  - One student is feeling pressure from her challenging science courses, which negatively affects her GPA. Nathan and Ben confirm that STEM majors receive some grace because of their difficult courseload, but that grace only comes with a high LSAT score. The first question a STEM major has to answer, though, is why she wants to be a lawyer. 28:13 - Don’t Depend on Student Loan Forgiveness - Nathan and Ben discuss recent changes to the public loan forgiveness program and income-driven repayment plans. They remind students that taking on significant debt with the expectation of future forgiveness is a gamble that can lead to disaster. Instead, they advise getting a score on the LSAT that will allow students to go to law school for free. 50:32 - Personal Statement Subject - Thinking LSAT is reviving its personal statement review segment. Nathan and Ben guide Demon  student Tim through selecting a compelling topic. They advise him to use his statement to demonstrate his genuine interest in law by highlighting his experience working in the legal field. They emphasize the importance of showcasing exposure to law rather than relying on sensationalized or overly personal narratives.57:55 - What’s the Deal With Arizona State University?  -Brianna asks about Arizona State University’s new online program, and Ben and Nathan share their generally positive take on online law programs. But if you are considering attending ASU while paying full price, whether you’re studying online or not, you’re subsidizing your classmates' legal education. The guys also advise students to stay as far away as possible from ASU’s achievement program (and almost every early binding decision program). 1:32:39 - Word of the Week - Which one of the following statements is consistent with the biologist’s claim but not with the politician’s claim?

The clock shouldn’t affect you on the LSAT—but you still need to practice ignoring it. This week, Ben and Nathan advise a student to use timed sections to learn how to take the test like the clock doesn’t exist. Then, the guys explain how to approach the LSAT in an intuitive way. Later, Ben and Nathan encourage a student to try to get high school dual enrollment courses removed from their transcript, and they investigate Baylor University School of Law. Study with our Free PlanDownload our iOS appWatch Episode 497 on Youtube 0:30 - It Sure Feels Like Timing Is the Issue  - A student scored a 170 on an untimed diagnostic test. The guys encourage him to complete timed sections in practice to learn to ignore the clock while keeping the accuracy high.  11:30 - You Play Like You Practice - Ben and Nathan encourage students to play like you practice. Read for understanding and learn to do the LSAT intuitively. Diagramming is only going to get in your way. 20:25 - Feeling vs. Performance - One listener expresses disappointment in her February score after feeling confident at the end of the test. Nathan and Ben suggest that a score in her practice test range shouldn’t be surprising. 30:40 - Dealing with High School Dual Enrollment Courses - Gabe has a few grades from high school dual enrollment courses dragging down his GPA. The guys encourage him to make his best effort to get those credits removed from his transcript. If he’s unsuccessful, a one-sentence addendum highlighting his college grades could be beneficial. 40:10 - The Cost of the LSAT and Law School Applications -Nathan and Ben shed light on the cost of the LSAT and law school applications. 57:55 - What’s the Deal with Baylor University School of Law? - Benjamin wants to know if Baylor University School of Law is worth the cost. 1:32:39 - Word of the Week - Were it possible to identify and zap all of that fraud in real time—an extremely tall order—it would still not get Mr. Musk close to his ultra-abstemious targets.

If you don’t have a burning passion to do the work of a lawyer, don’t go to law school. This week, Ben and Nathan caution a listener who is considering giving up a successful career to attend law school. Later, the guys emphasize the importance of accuracy when studying for the LSAT. And they encourage students not to write an addendum about an LSAT score increase.Study with our Free PlanDownload our iOS appWatch Episode 496 on Youtube 0:48 - Will My GPA Overshadow My Career Accomplishments? - A non-traditional student considering a career change is concerned that his GPA will hold him back. Ben and Nathan caution him to carefully consider whether law school is the right move. 7:00 - Practice Test Scores Drop - Ben and Nathan assure a listener that their “drop” in practice test scores isn’t a concern as long as their accuracy continues to climb. 9:14 - Letters of Recommendation - A student was asked by their professor to compose a few paragraphs to serve as the basis for a letter of recommendation. The guys encourage them to use Chat GPT to generate ideas. 13:51 - Score Increase Addendum - A dean at the University of Michigan law school encouraged (21:42) students to write addendums to explain LSAT score increases.  Ben and Nathan discuss the harm that can come with writing unnecessary addendums, and what you should write if you must. 20:54 - What’s the Deal with William and Mary Law School?  - William and Mary made news issuing erroneous acceptance letters, including to some students who had previously been denied admission. The guys then take a deep dive into the school’s real cost, fees, and outcomes. 46:42 - Word of the Week - While some species of apes have learned elements of human communication, philosophical thought is unique to humans.