Archive for May 21st, 2008

Non-Sequiturs: 05.21.08

* One helluva sexual harassment suit. Runner-up Lawsuit of the Day? [Jezebel]
* Jerry Springer’s Northwestern commencement speech. Also: Is tax law professor Paul Caron friends with Pete Wentz? [TaxProf Blog]
* The hidden talents of law students: hog wrestling? [Tex Parte]

Harvard Law Review Andrew Crespo Above the Law blog.jpgIn January, after the Harvard Law Review published a rather embarrassing, bleeding-heart Case Comment, we wrote:

Last year, we ran a popular series of posts on the Harvard Law Review. The gist of the coverage was that the Review’s new, left-leaning leadership “is running the journal into the ground with a cabal of radical ideologues, making the outgoing editors nervous about the future reputation of the journal.”

We got some flak for our HLR coverage. But in view of what the Review is publishing these days, as discussed extensively in the blogosphere — see, e.g., the Volokh Conspiracy and PrawfsBlawg — we can’t help gloating. Just a little.

Or a lot. A tipster draws our attention to a Note that was just published in the latest issue of the HLR:

I think you should break this story. It is a guaranteed comment clusterf**k.

This Note (PDF) basically says that anyone who doesn’t go in to public interest work is immoral and is killing babies in third world countries (most of this analysis is in section 4 of the article). I think it just came out in electronic form today, so you should get a jump on anyone.

Our correspondent’s summary is shockingly accurate. Check out the article for yourself by clicking here (PDF).
As it turns out, we’re not the first to take note of the Note. We believe that would be Professor Paul Horwitz, over at PrawfsBlawg. After alluding to the notorious Case Comment from several months ago, Professor Horwitz writes:

I am reading the latest issue of the Harvard Law Review [which contains] a Note titled, after an inscription on a statue in Cambridge Common, “Never Again Should a People Starve in a World of Plenty.” It’s unusually thinly sourced for a Harvard Law Review Note — not that I’m encouraging people to use more footnotes! And it has a certain voice (“There is injustice everywhere. The last place there should be injustice is in the justice system.”) and theme that . . . . well, I find myself wondering whether we have found our anonymous author once again.

I don’t mean to be unduly gossipy about this sort of thing; it’s worth a two-paragraph blog post and not more. And I am not knocking the observation that injustice is bad; heaven forfend. Just the same, I’m curious whether this is the same author.

We don’t share Professor Horwitz’s shyness. We’re happy to write more than two paragraphs about the Note (ha — we already have). And there’s no such thing as being “unduly gossipy” in our book.
So gossip away, in the comments. Do you think this Note was written by the same author as the prior Case Comment? Do you feel that the Harvard Law Review — once headed by Senator Barack Obama, its first black president — is tilting too far to the left?
Or, if you prefer, don’t gossip; engage substantively with the arguments in the Note. Clearly the author wants associates and partners in large law firms to sit up and take notice, to think about whether what they’re doing professionally is worthwhile — or even morally defensible.
We’re sure the anonymous author will be grateful to us for bringing his or her work to the attention of ATL’s many readers in Biglaw. Whoever you are: you’re welcome!

double red triangle arrows Continue reading “Working in Biglaw = Killing Babies?”

Tilda Swinton Karen Crowder Ally McBeal Calista Flockhart.jpgThat’s the title of our latest column for the New York Observer, which reflects upon recent television and film portrayals of women litigators.
It touches upon some of the same themes highlighted in Amy Kolz’s excellent American Lawyer article from last year, but it’s more focused on fictional female litigators, as opposed to real-life ones. Here’s how it starts:

Whatever happened to Ally McBeal? If recent movies and television shows are any guide, the life of a female lawyer has gotten a lot less pleasant since the carefree, charmingly neurotic days of dancing babies and bathroom kisses. But today’s portrayals may be more accurate, and certainly more critically acclaimed.

Last January, Glenn Close won a Golden Globe for her compelling performance as Patty Hewes, a fearsome and wildly successful plaintiff’s lawyer, on the addictive TV show Damages. The following month, Tilda Swinton snagged an Oscar for stepping into the pumps of Karen Crowder, a hard-charging in-house litigator, in Michael Clayton.

In March, Julianna Margulies (of ER) returned to television as aggressive defense lawyer Elizabeth Canterbury, the title character of Canterbury’s Law. Even Katey Sagal, who embodied the famously vulgar Peggy Bundy on Married With Children, reincarnated herself this year as Marci Klein, the sleek, powerful, and ruthless founding partner of the law firm on Eli Stone.

You can read the full column over here.
Farewell, Ally McBeal; Enter the Litigatrix [New York Observer]

Weil.gifLegal Pad (a Cal Law blog) has a link to this amazing complaint [PDF] filed by paralegal Jason Herrera against Weil, Gotshal & Manges.
Herrera’s complaint — “for discrimination, retaliation, intentional infliction of emotional distress, negligent infliction of emotional distress and fraud” — reads like a reality tv show pitch about the lives of paralegals. Herrera has been a paralegal in Weil’s Silicon Valley office since 2004. In his complaint, he talks about:

  • a female paralegal who thinks men are inferior to women
  • a male paralegal who thinks women are inferior to men (and referred to a co-worker as “milky creamies” in honor of her breasts)
  • a paralegal who expressed prejudice against Latinos
  • good old inter-office gossip about who liked and hated whom
  • the use of the “pimp hand” and the “mojo hand” to intimidate and cajole:
  • Herrera Complaint.jpg
    From Legal Pad:

    (For those who don’t know, Matt Powers is one of the most feared, respected and successful patent litigators in the country.)
    (Also for those of you don’t know, the ever-useful urban dictionary defines “pimp hand” as “the hand used to smack your ho’s around,” but has no definition for “mojo hand”)…
    Reached Friday at Weil Gotshal where he still works, Herrera told Legal Pad he sued because he was out of options for resolving the problems. He has yet to serve the firm, and said he was contemplating Friday just how to do it.

    Wikipedia says the mojo hand is a kind of magic charm. We still don’t know what a mojo hand is, but we want one!
    As a former paralegal, Kash was most amused by Herrera’s complaint that he was given “repetitive, unchallenging and un-enriching tasks.” Welcome to being a paralegal!
    Lawyer’s ‘Pimp Hand’ Mojos Up A Staffer’s Suit? [Legal Pad]
    Complaint: Herrera v. Weil, Gotshal & Manges [PDF]

    laptop small pink girl woman Abovethelaw Above the Law blog.JPGThat’s a question that our friends at the ABA Journal are planning to tackle in a forthcoming article. Perhaps you can help?
    Some background, from reporter Richard Acello:

    We’re looking to do a story on law firms’ tech savvy or lack thereof. At a recent technology conference, some IT people complained about how their technological requirements were just not accepted by the older partners. But the young lawyers, used to more advanced technology, had no problem adapting when changes were made.

    We’re looking for some examples from associates, as well as suggestions for new associates who come in and are appalled at how backward the tech is at their law firms. Yes, we will allow anonymity.

    You can email Rich Acello, the writer on the story, at richace at cox dot net. Also feel free to comment on this post if you have some thoughts on law firms and how “with it” they are when it comes to tech.

    Holland Knight staff layoffs secretary secretarial firings.jpgThe bad news continues to roll in. Becker & Poliakoff, which just announced across-the-board pay cuts for its lawyers, isn’t the only Florida firm that’s hurting.
    From a report by Julie Kay, for the upcoming issue of the National Law Journal:

    In another sign of the hard times facing the legal industry, particularly in real-estate heavy South Florida, two local law firms — Holland & Knight and Shutts & Bowen — have laid off non-lawyer staffers.

    On a day that could be dubbed Black Friday in South Florida legal circles, Tampa-based Holland & Knight, one of Florida’s largest and most venerable firms with 1,150 lawyers, laid off 70 staffers Friday, including legal secretaries, IT and accounting staff. No lawyers were laid off.

    The layoffs of about four employees in each of Holland’s 17 offices represented 5% of Holland’s non-lawyer workforce.

    Shutts & Bowen, a 200-lawyer, Miami-based firm, Friday laid off nine people, all entry level file clerks or paralegal clerks. No lawyers or legal secretaries were affected.

    Holland & Knight spokeswoman Susan Bass told the Daily Business Review that the firm “had some redundancies and inefficiencies.” Seventy staffers is a whole lot of redundancies.
    Read more — about prior layoffs at H&K, and the situation over at Greenberg Traurig — below the fold.

    double red triangle arrows Continue reading “Nationwide Layoff Watch: More South Florida Suffering”

    Bad Report Card.jpgAh, those inscrutable transcripts from the University of Chicago Law School — gotta love ‘em. They’re chock full of numbers, but they don’t use the standard “As = 90s, Bs = 80s” scale. For example, if your grades are all in the 80s, you’re a rock star.
    Nobody can make heads or tails of the U. Chicago transcripts. So what’s wrong with a little “tweaking” here and there? From the ABA Journal (via TaxProf Blog):

    A lawyer who attended the University of Chicago Law School has been accused in an ethics complaint of lying about his grades when he applied for a summer position at Sidley Austin.

    Loren Elliotte Friedman is accused in a complaint filed May 6 by the Illinois Attorney Registration and Disciplinary Commission. He was listed as an associate at Curtis, Mallet-Prevost, Colt & Mosle in New York on the firm’s website earlier Tuesday, but his name was removed by the afternoon.

    Joseph Pizzurro, managing partner of Curtis, Mallet-Prevost, told ABAJournal.com that Friedman, a bankruptcy associate, disclosed the bar complaint to the law firm on Friday and submitted his resignation.

    The complaint says Friedman altered transcripts of his law school grades in 20 classes to reflect better grades than he received. Friedman worked at Sidley Austin the summer of 2002, and the firm extended an employment offer for him to begin work as an associate in 2003.

    The complaint also alleges that Friedman failed to reveal he flunked out of medical school in his application to law school, and that he failed to disclose the altered law school transcripts in his bar application.

    It looks like medicine, and now law, haven’t worked out for Loren Friedman. What’s next?
    Maybe betting on horse races? The Legal Profession Blog has dubbed his three alleged omissions a “trifecta.”
    More details, after the jump.

    double red triangle arrows Continue reading “Lawyer of the Day: Loren Elliotte Friedman”

    funny-pictures-cat-loves-food.jpgLast week’s ATL / Lateral Link survey on trimming summer associate programs is still open, but we’ve already been getting some interesting debate in the comments.
    For law students, trimming the summer programs — or at least the summer salaries — would be a critical financial blow:

    [L]aw School tuition is fucking EXPENSIVE. I take out 55k per year in loans here at CLS (45k of which goes to tuition + fees). Luckily, I have no undergrad debt. The financial aid office suggests that the average student take out 64k per year in loans. In sum, you misers need to talk to school adminstrations before cutting pay.

    But once they’ve achieved permanent (or not so permanent) employment status, some associates would prefer to see a slimmer summer experience:

    It’s not right that in a market where good associates are being kicked to the curb for economic reasons we’re throwing buckets of money at a bunch of kids who don’t know anything and just teaching them how to be (more) entitled. Shorten the summer and pay them a salary that has some correlation to what they’re worth – they are mere interns.

    Other associates, however, are still in favor of lunch:

    I thought ATL was on our side. The open budgets and free lunches are a perk to associates too.

    And one tipster wonders just how free those lunches are from firm to firm:

    Might be a good time next week or two weeks from now to do a post about summer lunch budgets. I just heard on the grapevine that we’re having $25/person limits, with anything over it coming out of the associate’s pockets. I know some other firms have a $30 or $50 limit.

    So, today’s ATL / Lateral Link survey focuses on both lunch and morale. How much can you spend on lunch with the summer associates, how often do you do lunch, and would associates at your firm be upset if the summer program went away?
    Update: This survey is now closed. Click here for the results.

    Justin Bernold is a Director at Lateral Link, the sponsor of this survey.

    Vines.jpgJudge Carlton Vines presides over traffic violations and DUIs in Chattooga County, Georgia. It’s a tiny county with a population of just over 25,000. The local newspaper, The Summerville News, has an ongoing investigative series examining the county’s drunk-driving phenomenon and growing number of DUI arrests.
    Unfortunately, Judge Vines has become a part of the phenomenon. He was arrested in November of last year for driving drunk and leaving the scene of an accident after swerving into another car. The coppers just released the dash-cam video from the arrest. The man was trashed, slurring, and stumbling… though still cogent enough to refuse the breathalyzer.

    From WBS TV:

    Vines pleaded guilty to DUI charges in April. He has since spent three nights in jail, paid fines, done community service and was on house arrest.

    On the tape, Vines can be heard admitting he has had “over the limit.” At one point on the tape, an officer asks, “Do you remember the wreck you were involved in?” Vines can be heard responding, “I’m not going to admit or deny it but I will take responsibility.”

    A nolo plea — or just good drunken logic? Vines is under voluntary suspension, and the Georgia State Judicial Commission gets to decide whether he returns to the bench.
    Judge Vines makes some bizarre comment about sharecropping at the end of the YouTube video. Can someone from rural Georgia please explain?
    Caught On Tape: Georgia Judge Arrested For DUI [WSB TV]
    Drunk Judge Arrested [YouTube.com]

    Morning Docket: 05.21.08

    * Justice Department report details FBI objections to interrogation techniques used on terror suspects. [Legalities / ABC News; McClatchy]
    * Jurors get a bit too much evidence in R. Kelly trial. [CNN]
    * Officers in Sean Bell case face NYPD charges of misusing firearms. [New York Times]
    * Florida woman gets seven years for enslavement. [CNN]
    * Clinton takes Kentucky, but Obama grabs Oregon and the majority of pledged delegates. [MSNBC; New York Times]
    * Should Obama promise Hillary a SCOTUS nomination? [Washington Post]