Add RSS RSS

Correction: Milbank Didn’t Fire All Its Staff Attorneys

Milbank Tweed Hadley McCloy AboveTheLaw Above the Law blog.jpgOn Tuesday, we wrote about staff attorney layoffs at Milbank Tweed Hadley & McCloy. As a commenter on our post noted, yesterday the firm sent around an email disputing our account:

From: David R. Gelfand
Sent: Thursday, April 17, 2008 3:20 PM
To: #Litigation Non Partner Attorneys US; #Litigation Partners US
Cc: Sikora, Michael; Green, Valerie
Subject: Discovery Attorney Program

Several of you have asked about rumors that we have disbanded our Discovery Attorney Program. The rumors are absolutely not true.

If you need assistance from our Discovery Attorneys, please contact [xxxx].

Thanks.

David

We would have appreciated it if Milbank had responded to the multiple inquiries we made of them prior to running the post, instead of responding indirectly and after-the-fact. But it’s not the first time we’ve seen passive-aggressive behavior on the part of a law firm.

(We often reach out to law firms about rumors we hear — and we often kill stories when firms explain how and why they’re inaccurate. This happens almost every day around here. But if firms don’t avail themselves of the opportunity to comment on a reasonably credible rumor, then we view it as fair game.)

Anyway, we ran David Gelfand’s email by our original source, who responded:

“Milbank let go of all of the permanent discovery attorneys except for two. They kept on temporary discovery attorneys — those who are working through staffing agencies and not on Milbank’s payroll.”

“Notice in Milbank’s response [how they say] they did not dissolve the Discovery Attorney Program. That’s very different from saying that they did not fire all or nearly all of the attorneys in that program.”

Our earlier report, in stating that all the permanent discovery attorneys were laid off, was erroneous, since two were spared. We regret the error (and have appended a correction to the original post).

Could this latest report be erroneous as well? Quite possibly; we’re honest about our fallibility. But we once again reached out to Milbank, yesterday and today, and neither David Gelfand nor a firm spokesperson responded to our inquiries.

If you have knowledge of what’s really going on over there, feel free to drop us a line. Thanks.

Earlier: Nationwide Layoff Watch: Milbank Cans Staff Attorneys

Comments

avatar
1 Posted by guest | Permalink Friday, April 18, 2008 3:46 PM

First

by First Again

avatar
2 Posted by guest | Permalink Friday, April 18, 2008 3:49 PM

This is going to sound terribly elitist, bu who the hell cares?

avatar
3 Posted by guest | Permalink Friday, April 18, 2008 3:55 PM

When the time is hard, the firm has no choice but to slim down. I don't think we can blame Milbank.

avatar
4 Posted by guest | Permalink Friday, April 18, 2008 4:14 PM

It's not surprising that when staff attorneys get bitter, they cling to guns or religion or antipathy toward people who aren't like them.

avatar
5 Posted by guest | Permalink Friday, April 18, 2008 4:14 PM

MILBANK TO TTT. Milbank will join the ranks of CWT, Dechert and the other TTT's. Good luck recruiting top law students in 2-3 years...

avatar
6 Posted by guest | Permalink Friday, April 18, 2008 4:15 PM

hey 3:49

You should care because you are probably next on the chopping block.

avatar
7 Posted by guest | Permalink Friday, April 18, 2008 4:21 PM

I, like the pope, am honest about my infallibility.

avatar
8 Posted by guest | Permalink Friday, April 18, 2008 4:32 PM

What is next? Are we going to start caring about paralegals getting the can?

9 Posted by Michel Houellebecq | Permalink Friday, April 18, 2008 4:36 PM

Nice Schadenfreude pour moi as a girl who dumped me at Harvard works there now...
though not quite die grosse Freude like the fact her new chef boyfriend once offered to fellate me in the library.

Milbank to shitty 80s firm!

avatar
10 Posted by guest | Permalink Friday, April 18, 2008 4:46 PM

Oh come on, Lat. You really can't get uppity about a firm deciding not to respond to a tabloid's sourceless rumor. That's called not dignifying your request with a response, not passive-agression. You have to recognize that, entertaining as ATL may be, it's a gossip rag and not much more. No one is obligated to respond to your request for confirmation of rumors that draw their facts from business decisions.

avatar
11 Posted by guest | Permalink Friday, April 18, 2008 4:55 PM

"We would have appreciated it if Milbank had responded to the multiple inquiries we made of them prior to running the post, instead of responding indirectly and after-the-fact. But it's not the first time we've seen passive-aggressive behavior on the part of a law firm."

Lat, c'mon, I don't think the firm was responding to you at all, for the reason that 4:46 cites. You're providing an entertaining and useful blog for associates and others interested in biglaw. ATL hasn't become a source that requires responses from law firms, such that if they fail to respond they can be deemed "passive-aggressive." When you talk like this, you sound self-aggrandizing. Realize both what you are and what you aren't - and try some modesty.

avatar
12 Posted by guest | Permalink Friday, April 18, 2008 5:11 PM

Um, 4:46 and 4:55, ATL is now known, referenced, and used by firm decision-makers. Quinn uses this tool to its advantage, and my own firm atty development folks read this site every day as part of their jobs.

So while ATL may be a "gossip rag," it's how summer and lateral candidates get information about their employment options. Whether individual firms decide to fight this medium or use it to their advantage is their decision.

avatar
13 Posted by guest | Permalink Friday, April 18, 2008 5:13 PM

Agree with 4:46 and 4:55. Lat, you sound like a twat in this post.

avatar
14 Posted by guest | Permalink Friday, April 18, 2008 5:14 PM

Agree with 4:46 and 4:55. Lat, you sound like a twat in this post.

avatar
15 Posted by guest | Permalink Friday, April 18, 2008 5:14 PM

BRING BACK SEN!!!!

avatar
16 Posted by guest | Permalink Friday, April 18, 2008 5:16 PM

I can only find 3 or 4 discovery attorneys missing from the directory. Almost all of those I've worked with on a case in November are still here (which is like 8 of them). I have no idea if any of them are technically temps, but they've been here longer than me. I think this source might be full of crap.

avatar
17 Posted by guest | Permalink Friday, April 18, 2008 5:40 PM

It's so interesting how when it's a staff attorney who gets the ax, the response is "who the hell cares." But when associates get bonuses that fall short of expectations by 5k, or even worse, associates themselves get axed, then the world is suddenly coming to an end.

avatar
18 Posted by guest | Permalink Friday, April 18, 2008 6:08 PM

5:14 is a fresh MC- Lat, SEN, this new site, and staff attorneys are all twats.

avatar
19 Posted by guest | Permalink Friday, April 18, 2008 6:36 PM

5:14 - no one in their right mind would want to bring back SEN, she was an epic failure on this site. Her firing was good riddance.

avatar
20 Posted by guest | Permalink Friday, April 18, 2008 6:47 PM

I've gotta agree with 4:46, 4:55, 5:14 on this one.

avatar
21 Posted by guest | Permalink Friday, April 18, 2008 6:48 PM

Dear Diary:

They took the last of the discovery attorneys last night. I fear I may be next. I am making plans to flee, or, alternatively, direct them to that group of underperforming mid-level douches down the hall.

avatar
22 Posted by guest | Permalink Friday, April 18, 2008 7:32 PM

5:40. A lot of that is trolling by people pretending to be elitist assholes. Many of them are law students, nonlawyers etc.

avatar
23 Posted by guest | Permalink Friday, April 18, 2008 7:38 PM

Lat's doing a good job on this. Don't let the elitest scum intimidate you into not reporting on this.

This blog is read by most lawyers at big firms, and is definitely read by the decisionmakers at top firms. So they should answer your questions.

If staff attorneys are being laid off it is a sign of major economic problems because law firms view doc review as a MAJOR profit center.

avatar
24 Posted by guest | Permalink Friday, April 18, 2008 7:52 PM

Agree. Remember the canary in the coal mine? Well, the staff attorneys are your canaries. If I was an incoming 1st year at Milbank, I would be shitting in my pants. Do you think Milbank's clients are going to allow a bunch of $200K a year 1st and 2nd associates sit around and bill outrageous fees for mere document review? I think not.

avatar
25 Posted by guest | Permalink Friday, April 18, 2008 11:54 PM

Skadden's DC office has a big staff attorney meeting scheduled for next week. The rumors suggest that it will be to offer increased benefits and to make a no-layoff guarantee.

avatar
26 Posted by guest | Permalink Saturday, April 19, 2008 12:32 AM

Thank god I'm not a staff attorney!

I am a contract attorney who currently works at a V5 firm. I have much more job security than a Milbank, CWT, or other TTT "staff attorney." While my actual work location may change (I've worked at 6 firms since I passed NY's bar in 2005), my placement agency has ensured that I am constantly employed (no long "gaps" between job situses). Its good, steady work (3 years now) and, when I work more than 40 hrs/week, I earn time & 1/2 (pulled in over 90k last year).

avatar
27 Posted by guest | Permalink Saturday, April 19, 2008 12:40 AM

Dear 12:32 a.m.:

Are you kidding?

Sincerely,
Perplexed

avatar
28 Posted by guest | Permalink Saturday, April 19, 2008 12:48 AM

*********************************************************************************************************************************************************************************

the comments (e.g., 12:32) imply that there are differences b/w "staff attorneys" and "contract attorneys." aside from associates and partners, my firm also hires "discovery attorneys" (full-time, non-partner track attorneys-- get the same benefits (but lower pay) than partner-track associates). is anyone aware of the differences, if any, b/w staff attorneys, contract attorneys, and discovery attorneys?

*********************************************************************************************************************************************************************************

avatar
29 Posted by guest | Permalink Saturday, April 19, 2008 12:53 AM

wow, this is nonsense. So what if they put first years on doc review -- the higher hourly rate won't simply be passed to the client for the same work. Rather, it will be adjusted to what the client deems appropriate. What billing partner actually passes ALL the hours of a 1st year on?!

avatar
30 Posted by guest | Permalink Saturday, April 19, 2008 12:56 AM

12:48:

T1 = Partners / Counsels / Associates
T2 = Staff Attorneys (aka "Discovery Attorneys")
T3 = Receptionists / HR Staff / Minor League Umpires
T4 = Janitorial Staff / Crack Whores / Contract Attorneys

avatar
31 Posted by guest | Permalink Saturday, April 19, 2008 1:09 AM

Why is there so much hate against contract attorneys?

Most contract attorneys are very smart, very capable attorneys. Many excelled at top law schools and chose contract work for the lifestyle. I graduated with honors and was elected an editor of my school's law review. Its a bad day on ATL when biglaw associates knock on us contract attorneys who ensure that the same associates are sheltered from the "mundane" discovery work that we do very efficiently and very well so that you high-and-mighty associates don't have to.

Get a life!!!

avatar
32 Posted by guest | Permalink Saturday, April 19, 2008 1:16 AM

LAT:

Please weigh in on this contract attorney debate/nonsense. After you clerked for Judge O'Scannlain, didn't you work for a while as a contract attorney for Wachtell?

Thanks,
DC Contract Attorney

avatar
33 Posted by guest | Permalink Saturday, April 19, 2008 1:30 AM

You can shit on contract attorneys all you want, but they still provide better value in a slow economy. Clients will balk at high billing rates in this tight market.

avatar
34 Posted by guest | Permalink Saturday, April 19, 2008 1:36 AM

I can't believe people are making such an elitist distinction. These are people you went to law school with for god's sake. Have a little sympathy. This is the kind of crap that makes me disdain my profession. That and the fact that I'm still at work.

avatar
35 Posted by guest | Permalink Saturday, April 19, 2008 2:39 AM

1:36: The ones that degrade their fellow lawyers are also the ones that criticize firms for withholding bonuses or laying off associates. If you people don't care about each other, why the hell should firms care about you?

avatar
36 Posted by guest | Permalink Saturday, April 19, 2008 8:17 AM

"T1 = Partners / Counsels / Associates
T2 = Staff Attorneys (aka "Discovery Attorneys")
T3 = Receptionists / HR Staff / Minor League Umpires
T4 = Janitorial Staff / Crack Whores / Contract Attorneys"

Would you really put crack whores on the same level as contract attys?

avatar
37 Posted by guest | Permalink Saturday, April 19, 2008 10:21 AM

So, what makes your original source so reliable that you accept as fact that all but two discovery attorneys were dismissed? And how many were there before all but two were dismissed? Just because some firm wounded your pride by not responding to your precious little threats of rumor mongering doesn't mean that everything you here about them is true, even if from your anonymous e-mail "sources."

avatar
38 Posted by guest | Permalink Saturday, April 19, 2008 2:14 PM

"Just because some firm wounded your pride by not responding to your precious little threats of rumor mongering doesn't mean that everything you hear about them is true, even if from your anonymous e-mail 'sources.'"

You hit the nail on the head, 10:21. No legitimate news source gets offended when it gets blown off after asking for confirmation of sourceless rumors. I mean, look at it from the firm perspective. If someone like Lat gets strong traction every time he shoves an "I heard you guys did X, is it true?" in the firm's face, it gives him and others a *lot* of power. When firms feel obligated to respond, under threat that the rumor will be published, Lat can toss them any old bullshit speculation he can come up with and force disclosure of more details than firms want/need to give out. That's why real journalists usually approach public entities and figures with credible sources rather than rumors - it's the only thing worth responding to.

avatar
39 Posted by guest | Permalink Saturday, April 19, 2008 4:22 PM

2:14 pm: You make a very good point. But please, let's stick to the topic of the relevant topic-- crack whores and staff attorneys. I think that its a sorry day on ATL when someone would degrade the crack whore profession by linking these fine men and women with contract attorneys.

avatar
40 Posted by guest | Permalink Saturday, April 19, 2008 10:22 PM

I hope you kiddies are aware that even if "associates" are higher on the pedigree than "contract attorneys," you're all equally useless and retarded in the grand scheme of things.

These comments are kind of amusing. It's like watching a homeless man criticizing another homeless man.

avatar
41 Posted by guest | Permalink Sunday, April 20, 2008 3:39 PM

10:22 - you're about a useful as the 'p' in 'receipt.'

avatar
42 Posted by guest | Permalink Sunday, April 20, 2008 4:46 PM

Word on the street is that the MWE bankruptcy partner (Mr. McFrenchFry) got no-offered after applying to be a Milbank staff atty.

avatar
43 Posted by guest | Permalink Monday, April 21, 2008 12:36 AM

6:36 A little objectivity, please. You (all) dismiss SEN, gush over Kash, treating her like your cyber-sex object, and rant over trivialities such as font size. The anonymity of comments shouldn't preclude objective thought and common civility.

avatar
44 Posted by guest | Permalink Monday, April 21, 2008 10:03 AM

Greenberg Traurig NY recently fired a bunch of secretaries and paralegals.

avatar
45 Posted by guest | Permalink Monday, April 21, 2008 3:50 PM

I recently fired my gardener.

avatar
46 Posted by guest | Permalink Wednesday, April 23, 2008 3:13 PM

Now all we need is some aliens to come down and take over the earth

avatar
47 Posted by guest | Permalink Sunday, May 4, 2008 12:28 AM

1:16 - You are probably just being a troll, but Lat was not a contract attorney at Wachtell. He was a partnership-track associate. His name was on the letterhead.

No disrespect to contract attorneys, but Lat's resume -- Harvard College, Yale Law School, Yale Law Journal, Ninth Circuit clerkship -- is not a typical contract-attorney resume.

-- a former WLRK colleague

Post Your Comment