Add RSS RSS

The Case For Sleep: What Happens In Excel After Dark

Cleary Gottlieb Steen Hamilton LLP CGSH Above the Law blog.jpgToday, every associate's worst nightmare came to a merciful end in a New York Bankruptcy Court.

The nightmare started for a first-year Cleary Gottlieb associate on the night of September 18th. The associate was called in for some extra muscle on the Barclays acquisition of Lehman assets. At the request of a second-year associate, the first-year reformatted an Excel spreadsheet of critical contracts to be assumed and assigned in bankruptcy on the closing date of the Lehman/Barclays sale. Predictably, this work was done long after normal business hours, just after 11:30 p.m.

On September 19th, Cleary produced the list of contracts based on the associates' work the night before.

The problem was that the list contained 179 contracts that should not have been included. The Lehman/Barclays sale closed on September 22nd, with the over inclusive list of contracts.

My stomach gets tied up in knots writing that.

The resolution after the jump.

The mistake was caught by Barclays or Cleary on October 1st.

You know what happens next. Motions and affidavits and long meetings trying to explain how you messed up an Excel spreadsheet one late night, and still no sleep.

According to the various affidavits (posted below) the Cleary first-year did not notice that the 179 contracts were marked as "hidden" in Excel, and certainly didn't notice that those entries became "un-hidden" when he globally reformatted the document.

Cleary had to file a motion before the bankruptcy court asking for relief from the final sale order due to mistake or excusable neglect.

You have to feel sorry for the associates involved (as it is now a matter of public record, we have not redacted the names in the motion and affidavits posted below. However, if you refrain from mentioning names in the comments, that will go some small way towards keeping their google footprint clean). Who knows how much sleep anybody at Cleary got between Lehman crashing on the 15th and the 18th when the mistake happened? And, as we all know, they don't teach "Excel" in law school and they really, really should.

S&C's Rodgin Cohen might tell sleep deprived young associates "don't sweat the small stuff," but the whole point is that there is little way of knowing what is small and what is crippling 14 hours into your day.

But lawyers get paid to avoid these kinds of mistakes at all costs.

There but for the grace of God ...

Barclays Relief Motion.pdf
Declaration of 1st Year Cleary Associate.pdf
Declaration of 2nd Year Cleary Associate.pdf

Comments
avatar
1 Posted by guest | Permalink Friday, October 10, 2008 7:10 PM

Should have been done by a paralegal or secretary who knew what hell they were doing. First.

avatar
2 Posted by guest | Permalink Friday, October 10, 2008 7:15 PM

Quick question from a non-litigation type, how often are Excel spreadsheets used in court documents, as opposed to converting the information into Word tables? Is the conversion process determined too time-consuming even though you would avoid mistakes like these?

avatar
3 Posted by guest | Permalink Friday, October 10, 2008 7:16 PM

you have to feel bad for the 2nd year who didn't know the stuff was there. embarassing for the 1st year, but he's got a double excuse. the 2nd year is going to catch all kinds of shit, but what could she really do to prevent the boondoggle?

avatar
4 Posted by guest | Permalink Friday, October 10, 2008 7:17 PM

Instead of HR training at law firms and CLE your first year of practice, "they" really need to teach advanced Excel.

avatar
5 Posted by guest | Permalink Friday, October 10, 2008 7:21 PM

Jesus how much do clients bill for excel work again?

avatar
6 Posted by guest | Permalink Friday, October 10, 2008 7:22 PM

The doofus in question is an NYU law grad. If Cleary wasn't so snobby and hired the cream of the crop from TTT schools instead of average top law school grads, this kind of stuff never happens.

God damned I hate elitist hiring practices in BIGLAW. Don't these firms realize the people who want it more will work harder and not f*ck up as much???

avatar
7 Posted by guest | Permalink Friday, October 10, 2008 7:24 PM

Inquiring minds want to know, all of this extra motion practice because of this guy, is that work being billed to the client? Sounds like the firm should pick up the tab to correct all this.

avatar
8 Posted by guest | Permalink Friday, October 10, 2008 7:24 PM

This guy has an MBA. He should know how to use excel.

avatar
9 Posted by guest | Permalink Friday, October 10, 2008 7:27 PM

I hadn't heard. Did Cleary fire all of their secretaries?

avatar
10 Posted by guest | Permalink Friday, October 10, 2008 7:28 PM

Elie makes lots of mistakes.

avatar
11 Posted by guest | Permalink Friday, October 10, 2008 7:30 PM

Although Excel isn't taught in Law School, someone with an MBA should know a little bit more about it. I guess an MBA from Berkley doesn’t really prepare you for using spreadsheets.

avatar
12 Posted by guest | Permalink Friday, October 10, 2008 7:31 PM

The discussion here is just silly. This rush-job mistake will be corrected by the court. And I don't fault either of the two associates who worked on this contracts exhibit; if you read the stuff you see that the contract list had 24,000 cells. There's no way any human being (skilled paralegal or otherwise) can proofread something like that. They needed to do this via a semi-automated process such as an Excel sheet from the business people. But it also has to be reformatted to be acceptable to the court's e-filing system. An occasional screw-up is inevitable, and the court will fix it.
.
No one wil get fired. End of story.

avatar
13 Posted by guest | Permalink Friday, October 10, 2008 7:36 PM

10- Priceless.

avatar
14 Posted by guest | Permalink Friday, October 10, 2008 7:44 PM

I highly doubt Cleary will be charging this extra time to the client.

avatar
15 Posted by guest | Permalink Friday, October 10, 2008 7:50 PM

The second-year associate appears to be hot - she should get a pass.

avatar
16 Posted by guest | Permalink Friday, October 10, 2008 7:50 PM

Interesting notes:

- 1st year has an MBA from Berkeley; also was on Law Review, so clearly not a "doofus" hired from middle of the pack at NYU
- 1st year started in 2007 (presumably, fall of 2007) but the Cleary website says his NY bar admission is "pending" - does this mean he failed the bar TWICE (once in fall 2007, once in winter 2008) and is awaiting results from the third exam??
- 1st year is old(er), so maybe he is not so familiar with Excel as the rest of us
- Why the f*** does Cleary have attorneys reformatting spreadsheets? That isn't even paralegal work - more like word processing department.

In sum, I have too much time on my hands. Thank you.

avatar
17 Posted by guest | Permalink Friday, October 10, 2008 8:00 PM

I'm with 15.

avatar
18 Posted by guest | Permalink Friday, October 10, 2008 8:00 PM

Excel is a pain--and this is not the first time that a hidden column in excel has caused problems. I really feel for the associates involved.

avatar
19 Posted by guest | Permalink Friday, October 10, 2008 8:06 PM

I don't do bankruptcy work (thank god). What is the big deal about including 180 extra contacts?

avatar
20 Posted by guest | Permalink Friday, October 10, 2008 8:06 PM

I don't do bankruptcy work (thank god). What is the big deal about including 180 extra contacts?

avatar
21 Posted by guest | Permalink Friday, October 10, 2008 8:07 PM

If I were Cleary I certainly would charge Barclays for fixing this. Falls under 'what do you expect when you ask us to document a $5BB deal in two days.'
OTOH, they may have billed Barclays so much on this deal they can write this correction motion off.

avatar
22 Posted by guest | Permalink Friday, October 10, 2008 8:10 PM

19, 20: Maybe if you knew it was contracts, not contacts, you'd undertstand why it was important.

avatar
23 Posted by guest | Permalink Friday, October 10, 2008 8:11 PM

My anus is bleeding!

avatar
24 Posted by guest | Permalink Friday, October 10, 2008 8:13 PM

If he would have taken it to the Word Processing Center (provided there is a competent staff and the center is open 24 hours) they would have noticed and queried him about the hidden columns instead of simply printing everything out like he did. Excel is not the most user-friendly program in the world, particularly when it comes to printing. I have seen Excel spreadsheets come in that if they were to be printed at 100% size, we would need paper that is 8 feet wide! The attorneys where I work generally bring us the Excel to print out and/or convert to Word because they know we can format the layout in the best possible way for readability and comprehension.

avatar
25 Posted by guest | Permalink Friday, October 10, 2008 8:13 PM

NYU doesn't put you on Law Review because you are smart, like other schools. The other members select who gets on based on whatever they want.

avatar
26 Posted by guest | Permalink Friday, October 10, 2008 8:13 PM

If he would have taken it to the Word Processing Center (provided there is a competent staff and the center is open 24 hours) they would have noticed and queried him about the hidden columns instead of simply printing everything out like he did. Excel is not the most user-friendly program in the world, particularly when it comes to printing. I have seen Excel spreadsheets come in that if they were to be printed at 100% size, we would need paper that is 8 feet wide! The attorneys where I work generally bring us the Excel to print out and/or convert to Word because they know we can format the layout in the best possible way for readability and comprehension.

avatar
27 Posted by guest | Permalink Friday, October 10, 2008 8:14 PM

NYU doesn't put you on Law Review because you are smart, like other schools. The other members select who gets on based on whatever they want.

avatar
28 Posted by guest | Permalink Friday, October 10, 2008 8:14 PM

If he would have taken it to the Word Processing Center (provided there is a competent staff and the center is open 24 hours) they would have noticed and queried him about the hidden columns instead of simply printing everything out like he did. Excel is not the most user-friendly program in the world, particularly when it comes to printing. I have seen Excel spreadsheets come in that if they were to be printed at 100% size, we would need paper that is 8 feet wide! The attorneys where I work generally bring us the Excel to print out and/or convert to Word because they know we can format the layout in the best possible way for readability and comprehension.

avatar
29 Posted by guest | Permalink Friday, October 10, 2008 8:15 PM

My anus ... is bleeding!

avatar
30 Posted by guest | Permalink Friday, October 10, 2008 8:17 PM

16: passage of bar exam is not the same as admission to the bar. after getting your scores back, there is still a lot of paperwork, as well as the character and fitness "examination." after that, you're in. a lot of people start work and let the paperwork slide for awhile. the firm won't fire you for it, although it's difficult to be emailing clients with the obligatory "law clerk" in your email signature (if you're emailing clients as a first or second year) and eventually it always seems to get done. the firm will fire you if you fail the bar exam twice (usually).

avatar
31 Posted by guest | Permalink Friday, October 10, 2008 8:20 PM

16 - Bar admission isn't immediate after bar exam passage. There are a few other requirements that can take a few months to complete (especially if you don't finish your paperwork in a timely manner). And most of the support staff was probably out of the building at the time of night when the mistake was made - attorneys do have to do the reformatting if it's the middle of the night and it has to get done before the 9 to 5 staff shows up in the morning.

avatar
32 Posted by guest | Permalink Friday, October 10, 2008 8:20 PM

If I were on NYU LR, I'd put on the hotties. Intellectual purity is less important to me than making my "O" face.

O - O - O

avatar
33 Posted by guest | Permalink Friday, October 10, 2008 8:20 PM

Simple rule - lawyers should not use Excel - it's dangerous to all involved! Stick to Word, Westlaw, and anything non-spreadsheet based!

@2...With a list of 220 contracts with multiple fields capturing data you can't use Word for such a task. That is what excel is for.

This associate must be a real fucking idiot not to be able to notice hidden rows/columns!

It would more excusable if it was screwed formula or something but hidden rows? Gimme a break. Drink a red bull and take care of your shit!

"I'm the guy who does his job! You must be the other guy!"

avatar
34 Posted by guest | Permalink Friday, October 10, 2008 8:29 PM

For the love of all that is holy, my anus is bleeding!

avatar
35 Posted by guest | Permalink Friday, October 10, 2008 8:30 PM

He should have just blamed it on Wario.

avatar
36 Posted by guest | Permalink Friday, October 10, 2008 8:37 PM

Elie, can you IMAGINE how many times something like this would have happened to you if you had a real job?

avatar
37 Posted by guest | Permalink Friday, October 10, 2008 8:56 PM

Sheesh. BigLaw must suck ass. God bless my midlaw, secondary mkt firm where I make more $$ than I can spend and never have to reformat spreadsheets at midnight.

Then again . . . I bet those doc review war stories must really impress the ladies.

avatar
38 Posted by guest | Permalink Friday, October 10, 2008 8:59 PM

This is why law firms have programs that scrub metadata.

Sadly here it looks like the Excel reformatting turned the metadata into real data, preventing that safety valve. Which sucks.

avatar
39 Posted by guest | Permalink Friday, October 10, 2008 9:05 PM

The first-year associate passed the July 2007 NY Bar exam:

http://www.nybarexam.org/707_MN.htm

avatar
40 Posted by guest | Permalink Friday, October 10, 2008 9:21 PM

34: Elie, relax and it won't hurt as much.

avatar
41 Posted by guest | Permalink Friday, October 10, 2008 9:21 PM

Why is the 2nd year associate's name spelled differently on the Cleary website v. Her affidavit?

... Having a "z" in the middle of the name is so not cool.

avatar
42 Posted by guest | Permalink Friday, October 10, 2008 9:30 PM

This is rich...

http://www.law.com/jsp/article.jsp?id=1202425181214

avatar
43 Posted by guest | Permalink Friday, October 10, 2008 9:38 PM

36 = best comment ever.

avatar
44 Posted by guest | Permalink Friday, October 10, 2008 9:52 PM

15-
Agreed. I would hit it.

35-
Brilliant.

avatar
45 Posted by guest | Permalink Friday, October 10, 2008 10:10 PM

Guys in my high school would miss hidden Excel columns all the time. It was no big deal.

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

At my firm, we have this innovative new technology designed to avoid errors like this... it's called a "support staff".

avatar
47 Posted by guest | Permalink Friday, October 10, 2008 10:28 PM

cadwalader sean once did this and it was no big deal

avatar
48 Posted by guest | Permalink Friday, October 10, 2008 11:18 PM

Elie, great post.


I kid you not, I did this today (f-ed up a doc based on a massively huge excel file). Thank goodness it was transactional, and a banker noticed a number off when reviewing the doc. We were able to fix it before the irreversible mass distro.

avatar
49 Posted by guest | Permalink Friday, October 10, 2008 11:54 PM

I do this kind of Excel work every day, and I can attest that (a) this sort of task cannot be done in Word and (b) this kind of junk always happens under deadline pressure. Checking procedures should catch it, but they inevitably fail once every few months and something slips through.

avatar
50 Posted by guest | Permalink Saturday, October 11, 2008 12:03 AM

GO BLUE!!!!!!

avatar
51 Posted by guest | Permalink Saturday, October 11, 2008 12:43 AM

This blog is dead. I was mildly intrigued for a while by trolling here, especially for the UPenn State cause, but I'm done. The intriguing lawyers of the day and associate scandals etc. apparently are a thing of the past. Sigh. I guess it's for the best. I was wasting too much time on this site anyway. Goodbye.
--Former reader/useless commenter

avatar
52 Posted by guest | Permalink Saturday, October 11, 2008 12:46 AM

That being said, I wish Penn all the best in its matchup against Wisonsin tomorrow.

avatar
53 Posted by guest | Permalink Saturday, October 11, 2008 1:00 AM

6 - You, sir, are a complete moron. A TTT grad like yourself wouldn't even know what to do when the assignment came in. Unless you are even dumber than I thought, you would know that the intricacies of Microsoft Excel's "hide"/"unhide" C++ language is not taught in law school. You target the guy simply because he went to NYU and you couldn't have gotten in even if you were the son of the Dean of Admissions there. And there is a reason why Cleary is not a TTT firm: because they don't hire TTT grads. Do you honestly think that CEOs of Fortune 200 companies want to hire a TTT cockneck like you?

avatar
54 Posted by guest | Permalink Saturday, October 11, 2008 1:01 AM

*emails second year associate to tell her how much better of a job i would've done as a 1L sa...waits patiently for response*

-nervous T-10 1L

avatar
55 Posted by guest | Permalink Saturday, October 11, 2008 1:13 AM

So corporate associates get paid $205,000 for manipulating Excel spreadsheets? I can do that.

avatar
56 Posted by guest | Permalink Saturday, October 11, 2008 2:12 AM

shut

up ya'll

avatar
57 Posted by guest | Permalink Saturday, October 11, 2008 2:34 AM

15, 17, 44 - She looks like maybe a 5, maybe a borderline 4. We need better pics. However, tapping that is approved, should you ever find yourself with an opportunity.

36 - I approve of Elie's job here. I give him a B to Lat's A-. However, I nonetheless also approve of your humorous dig. Stupendous.

53 - Cockneck is hereby approved for frequent and repetitive usage on this site.

- THE BOSS

avatar
58 Posted by guest | Permalink Saturday, October 11, 2008 2:37 AM

42 - I do not approve of breast-biting. I do approve of the link.

- THE BOSS

avatar
59 Posted by guest | Permalink Saturday, October 11, 2008 3:09 AM

Awesome, 10.

avatar
60 Posted by guest | Permalink Saturday, October 11, 2008 7:23 AM

Most biglaw attys do not trust a member of support staff to manipulate spreadsheets when adding/deleting substantive material. Never hide cells, never. Someone will always forget they're there b/c attys don't notice obvious things like "numbering". This person should have made a copy of the doc prior to manipulation, deleted the hidden cells, and saved this as a new version.

Documents drive biglaw..they should be teaching excel at t10s...that way you pricks would know what you're getting into, and shi* like this wouldn't happen.

Please, lower your expectations and realize your value. Drone drone drone....

avatar
61 Posted by guest | Permalink Saturday, October 11, 2008 7:23 AM

Most biglaw attys do not trust a member of support staff to manipulate spreadsheets when adding/deleting substantive material. Never hide cells, never. Someone will always forget they're there b/c attys don't notice obvious things like "numbering". This person should have made a copy of the doc prior to manipulation, deleted the hidden cells, and saved this as a new version.

Documents drive biglaw..they should be teaching excel at t10s...that way you pricks would know what you're getting into, and shi* like this wouldn't happen.

Please, lower your expectations and realize your value. Drone drone drone....

avatar
62 Posted by guest | Permalink Saturday, October 11, 2008 7:49 AM

60 is spot on. This would have been very very easy to avoid just by making one master file with all the data and one baby file with hidden cells deleted.

avatar
63 Posted by guest | Permalink Saturday, October 11, 2008 7:49 AM

60 is spot on. This would have been very very easy to avoid just by making one master file with all the data and one baby file with hidden cells deleted.

avatar
64 Posted by guest | Permalink Saturday, October 11, 2008 8:15 AM

I don't care what time it was, this is a sloppy mistake. You always double- and triple-check your documents before circulation, no excuses.

They'd both be out the door if it was up to me. In this market, smarter replacements are easy to come by.

avatar
65 Posted by guest | Permalink Saturday, October 11, 2008 8:20 AM

Old first years creep me out.

avatar
66 Posted by guest | Permalink Saturday, October 11, 2008 9:05 AM

65

Age-ist!

avatar
67 Posted by guest | Permalink Saturday, October 11, 2008 9:43 AM

People, even smart, competent people, make mistakes. I don't know why this is so hard for people in the legal profession to admit. What makes this pig-headedness so ironic is that we spend our careers preventing or cleaning up the mistakes of other smart, competent people.

avatar
68 Posted by guest | Permalink Saturday, October 11, 2008 10:13 AM

I agree with 67, it's not like clients pay the associates at an "elite" law firms hundreds of dollars and hour to ensure that the work is of the highest quality...


NYC to 190


Proven to not be worth the cost:
WLRK
S&C
Cleary

avatar
69 Posted by guest | Permalink Saturday, October 11, 2008 10:38 AM

In fairness, this deal went so quickly that the final purchase agreement was a hand markup (had to beat market opening). So it really wasn't a "triple-check" scenario. If this was the only mistake, it's a MIRACLE.

avatar
70 Posted by guest | Permalink Saturday, October 11, 2008 10:46 AM

I fail to see how this is newsworthy. It is a minor mistake. As for all you associates from TTTs on this blog, grow up. Mario is a nice guy who made LR while having to also help take care of his infant son. He made a mistake. I am sure none of you have ever made a mistake before.

avatar
71 Posted by guest | Permalink Saturday, October 11, 2008 10:47 AM

I fail to see how this is newsworthy. It is a minor mistake. As for all you associates from TTTs on this blog, grow up. Mario is a nice guy who made LR while having to also help take care of his infant son. He made a mistake. I am sure none of you have ever made a mistake before.

avatar
72 Posted by guest | Permalink Saturday, October 11, 2008 11:07 AM

boring. I miss Lat

avatar
73 Posted by guest | Permalink Saturday, October 11, 2008 11:11 AM

71,

So the fact that the first year associate had a kid to take care of while he was in law school makes him not suck? I actually think that makes him suck more. People should wait until they are done with law school to start breeding.

Oh, and the second year associate involved does NOT appear to be hot based on the picture. You people must be spending too much time at the office if you think she is. She is not even law school hot.

avatar
74 Posted by guest | Permalink Saturday, October 11, 2008 11:17 AM

So many cruel, hateful people on this board. I can't wait to be a lawyer!

avatar
75 Posted by guest | Permalink Saturday, October 11, 2008 11:19 AM

OK - this mistake has nothing to do with being sleep-deprived. Even if the associate and paralegal were totally fresh, this still would have happened. You open a spreadsheet, look at it, it all looks right, send it to the paralegal who converts it to pdf, you open the pdf and it looks pretty much the same, so you roll with it.

The real culprit is Microsoft. Word and Excel have become so f-ing cumbersome, with all kinds of "features" that can be turned on or off, hidden or not hidden, etc, that these kinds of things are bound to happen. These programs have a million nonsensical names for their menus, a million toolbar buttons with cryptic icons that are impossible to decipher, and utterly useless "help" documentation.

I think we should have a thread where people can comment on the most irritating aspects of Microsoft Word.

avatar
76 Posted by guest | Permalink Saturday, October 11, 2008 11:25 AM

The fault here was the person from Lehman who originally sent the doc with hidden cells to CG. With the amount of data on the spreadsheet, and the exigency of the circumstances, it would have behooved the Lehman contact to make sure that there was no hidden data on the Excel spreadsheet. Did CG make a mistake in not spending more time to proofread the PDF before it was posted? Sure, but under the circumstances, there wasn't enough time to do such a thorough check of every cell in the spreadsheet. The blame lies with Lehman here.

avatar
77 Posted by guest | Permalink Saturday, October 11, 2008 11:25 AM

The fault here was the person from Lehman who originally sent the doc with hidden cells to CG. With the amount of data on the spreadsheet, and the exigency of the circumstances, it would have behooved the Lehman contact to make sure that there was no hidden data on the Excel spreadsheet. Did CG make a mistake in not spending more time to proofread the PDF before it was posted? Sure, but under the circumstances, there wasn't enough time to do such a thorough check of every cell in the spreadsheet. The blame lies with Lehman here.

avatar
78 Posted by guest | Permalink Saturday, October 11, 2008 11:26 AM

The fault here was the person from Lehman who originally sent the doc with hidden cells to CG. With the amount of data on the spreadsheet, and the exigency of the circumstances, it would have behooved the Lehman contact to make sure that there was no hidden data on the Excel spreadsheet. Did CG make a mistake in not spending more time to proofread the PDF before it was posted? Sure, but under the circumstances, there wasn't enough time to do such a thorough check of every cell in the spreadsheet. The blame lies with Lehman here.

avatar
79 Posted by guest | Permalink Saturday, October 11, 2008 12:01 PM

Does anyone know who the fault and blame lies with?

avatar
80 Posted by guest | Permalink Saturday, October 11, 2008 12:24 PM

75 -- Hire an admin assistant.

avatar
81 Posted by guest | Permalink Saturday, October 11, 2008 1:24 PM

Hi, I'm sure this has been mentioned, but this is no way the 1st year's fault. This is the fault of the partner in charge - that's where the buck stops. If nobody reviewed the 1st year's work, which was clearly very material to the transaction, then it's just another case of the complete lack of guidance young associates get at large (and presumably medium/small) firms.

avatar
82 Posted by guest | Permalink Saturday, October 11, 2008 1:25 PM

look, everyone makes mistakes. fucking leave the two alone. it disgusts me that their mistakes are out in the open.

avatar
83 Posted by guest | Permalink Saturday, October 11, 2008 1:31 PM

Actually, all of you are idiots. If you put a label in the column's cell next to each contract to not include of something like 'DO NOT INCLUDE' you could hae put everything in a pivot table and manipulated the data a million ways to get to your result and not FU*K up.

TTT 3L top 10%

avatar
84 Posted by guest | Permalink Saturday, October 11, 2008 1:32 PM

Actually, all of you are idiots. If you put a label in the column's cell next to each contract to not include of something like 'DO NOT INCLUDE' you could hae put everything in a pivot table and manipulated the data a million ways to get to your result and not FU*K up.

TTT 3L top 10%

avatar
85 Posted by guest | Permalink Saturday, October 11, 2008 1:48 PM

TTT 3L is a cockneck

avatar
86 Posted by guest | Permalink Saturday, October 11, 2008 1:57 PM

how many times will you write the word night in the first two sentences? why is your writing so awful?

avatar
87 Posted by guest | Permalink Saturday, October 11, 2008 2:26 PM

Hahahaha we love these hoes!

avatar
88 Posted by guest | Permalink Saturday, October 11, 2008 2:45 PM

what's a cleary gottlieb?

avatar
89 Posted by guest | Permalink Saturday, October 11, 2008 2:49 PM

Cleary = TTT

avatar
90 Posted by guest | Permalink Saturday, October 11, 2008 2:56 PM

76 and 83 are dead on. The problem really lied much earlier in the Excel process, not as much with these last two associates.

Still, all in all, this sounds like an honest mistake and not a huge deal.

avatar
91 Posted by guest | Permalink Saturday, October 11, 2008 3:03 PM

There is a lot of blame to go around. Why were the cells hidden in the first place? Why weren't they un-hidden before passing the document along? Somebody created a trap and then passed it along to a first year. He shouldn't have fell for it. Somebody also should have made sure that he wouldn't have fell for it. They should still give the associates a pass. I guarantee they will never do it again. Every first year drops the ball sometimes. Even partners screw up. If you fired every first year who screws up, no one would make it to their second year.

The real blame lies with whoever was in charge of the project. Even top partners screw up, so the partner running the project has the responsibility of planning around this by having things adequately checked over. Who ever was in charge already must have bungled the staffing if they needed to call up first years in the middle of the night. If you just haphazardly toss people at a project in a mad rush to meet a deadline, you are going to come out with a shitty product.

avatar
92 Posted by guest | Permalink Saturday, October 11, 2008 3:50 PM

81 = failure to distinguish between "fault" and "responsibility." Try again.

As Frat Stud might say if he were not spending the weekend drinking cheap domestic mass-produced alcohol-containing substances misleadingly described as "beer", excel mistakes are usually not a big deal. This one is only noteworthy because of the sheer magnitude of the mistake.

avatar
93 Posted by guest | Permalink Saturday, October 11, 2008 4:20 PM

35, lol. Or Luigi.

avatar
94 Posted by guest | Permalink Saturday, October 11, 2008 4:35 PM

@57- I don't think he does a bad job either. But he is prone to small mistakes. And (w/ all respect, Elie) fun as shit to hate on in comments. But obviously, I'm still here.
-36

avatar
95 Posted by guest | Permalink Saturday, October 11, 2008 4:38 PM

teaching a basic productivity application in a professional school would be a sad, sad step backwards.

if you don't know how to use one of the four main software programs, then take a class or learn it by yourself, but don't expect a terminal degree program to waste time on it.

those of us who had real majors in undergrad learned how to use basic tools like excel. maybe this guy should have spent four years learning something instead of taking the easiest A+ classes.

avatar
96 Posted by guest | Permalink Saturday, October 11, 2008 4:55 PM

I don't like Elie's politics or how often he mentions them but other than that, he is doing an okay job and people should get off his back.

avatar
97 Posted by guest | Permalink Saturday, October 11, 2008 4:56 PM

The really pathetic thing is that people like Elie and his cohorts make a living by attempting to publicly humiliate good people who have made honest and essentially inconsequential mistakes.

avatar
98 Posted by guest | Permalink Saturday, October 11, 2008 5:20 PM

The declaration indicates that a number of the contracts marked "N" were not hidden, but were still produced. Don't think you can blame Microsoft here....

Is 11:36 pm even that late?

TTT

avatar
99 Posted by guest | Permalink Saturday, October 11, 2008 5:31 PM

Elie is pure garbage. By far, the worst ATL has to offer.

avatar
100 Posted by guest | Permalink Saturday, October 11, 2008 5:35 PM

Simpson would be making mistakes like this if they had any clients left to work for.

avatar
101 Posted by guest | Permalink Saturday, October 11, 2008 5:48 PM

3, you cannot be a practicing lawyer. To you and other commenters shifting blame to Excel format, doc creator, etc: The 2nd year is PAID WELL to know what stuff is or is not there. Hidden cells are not one of the more "complicated" functions of Excel. Also, how is it that no one PROOFED or at least eyeball the contracts list prior to submission? No matter how small the font, 179 extra items takes up space. Correct to say that people make mistakes. Incorrect to say that it's not their fault.

Lastly, 91: With exception of last sentence of first paragraph, you're talking out your arse. So evident that you've never worked a large corporate deal.

avatar
102 Posted by guest | Permalink Saturday, October 11, 2008 6:08 PM

Who cares. It's an easy fix. Shit happens all the time.

avatar
103 Posted by guest | Permalink Saturday, October 11, 2008 6:16 PM

It sucks that you assholes at ATL decided to even make a post about this problem. As if the two associates don't feel bad enough already, now every loser that reads this board is taking pleasure in their misfortune.

avatar
104 Posted by guest | Permalink Saturday, October 11, 2008 7:03 PM

NIIIIIGGGGGGGEEEEERRRRRRRRRRRRRRR

avatar
105 Posted by guest | Permalink Saturday, October 11, 2008 7:30 PM

Part of the problem with BIGLAW is that you spend so much time worrying that the senior associate will reprimand you for misspelling a word or misplacing a comma that you have a lot less energy to spend on avoiding mistakes which actually matter.

avatar
106 Posted by guest | Permalink Saturday, October 11, 2008 7:32 PM

wow. big fucking deal. it was a minor mistake. grasping for straws Elie? This site is shit

avatar
107 Posted by guest | Permalink Saturday, October 11, 2008 8:11 PM

104,

Shouldn't there be more G's?

avatar
108 Posted by guest | Permalink Saturday, October 11, 2008 9:00 PM

104, really?

avatar
109 Posted by guest | Permalink Saturday, October 11, 2008 10:07 PM

104,

Seriously dude, it looks like you were trying to write "Niger," that funnily named African country. Epic fail.

avatar
110 Posted by guest | Permalink Saturday, October 11, 2008 11:03 PM

104: GFY

avatar
111 Posted by guest | Permalink Saturday, October 11, 2008 11:03 PM

104: GFY

avatar
112 Posted by guest | Permalink Saturday, October 11, 2008 11:46 PM

3L here. I don't even understand what this mistake was. You'll all be reading about me doing this next year. See you then.

avatar
113 Posted by guest | Permalink Sunday, October 12, 2008 12:07 AM

I'm a litigator- I use Excel for a number of things, including some word processing (several of my standard discovery forms for simple cases are in Excel, you only have to enter certain data once, such as case captions).

I'm not too up on what they were doing but it sounds like nothing more complex than "OMG this needs to be a PDF can you convert it to PDF b/c I'm too stupid to do so lol" and he takes it upon himself to diddle with formatting- EXPANDING OUT rows that had been pulled shut- and all of a sudden this stuff is out in the open. She should've looked at her spreadsheet, AND looked at his PDF, which she obviously didn't do because she put it on the website WITHIN ONE MINUTE OF RECEIVING IT.

No it's not a big deal. But it's hellaciously sloppy. I guess that's what you get when you make people work till midnight. Hopefully it won't cost their client too much money.

avatar
114 Posted by guest | Permalink Sunday, October 12, 2008 12:28 AM

113 -- Do you use excel to get chicks?

avatar
115 Posted by guest | Permalink Sunday, October 12, 2008 12:37 AM

First, you can't ever entrust something like this to support staff, especially the ones who get stuck on the night shift. To the word processing pool, "knowing Excel" means that they've heard of it and can maybe open an Excel document. Second, you can hardly ever trust that the client/consultant/whoever sent you something in printable form. I've worked with bona fide computer scientists who couldn't seem to understand that court exhibits have to be PRINTABLE on standard-sized paper. The associate almost always has to reformat the file. Third, while you'd think that multi-millionare partners would take the time to learn something that's apparently so crucial to their continued income, fact is most of them haven't mastered e-mail, let alone Excel. Whoever was supposed to be supervising had likely never heard of a "hidden column" and had no idea what was supposed to happen to the document before it was filed. The first- and second-years were on their own, and got blamed for the results. The court will fix it and the client won't suffer, but their bonuses and performance reviews will, and they'll have to deal with a thoroughly undeserved reputation within the firm that will affect their ability to get good work. Lawyers are such piss-poor managers I really don't know how they stay in business.

avatar
116 Posted by guest | Permalink Sunday, October 12, 2008 12:41 AM

104 - Being anonymous isn't license to be a piece of shit. -36

avatar
117 Posted by guest | Permalink Sunday, October 12, 2008 12:53 AM

114,

when I have to.

113

avatar
118 Posted by guest | Permalink Sunday, October 12, 2008 12:54 AM

Not at Cleary, don't know these two from a hole in the wall. But anyone bashing them here is an ass, plain and simple.

We all fuck up sometime. All of us. If we're lucky, someone catches it before it goes out the door. If we're unlucky, it gets corrected by a motion.

I guarantee you this - they won't make that mistake again.

avatar
119 Posted by guest | Permalink Sunday, October 12, 2008 1:32 AM

I think this is just another example of how the "training" in BigLaw sucks. Most of the seniors don't even know how to do what they are telling us first years to do.

avatar
120 Posted by guest | Permalink Sunday, October 12, 2008 2:54 AM

Very strange, it seems like both associates involved were non-whites from those parts of the world where math and spreadsheets should be like second nature in kindiegarden? Cleary should focus more on the low budget races that would be better at this kind of shit, like Injuns and Chinois. I don't think an ITT grad would have made this mistake.

avatar
121 Posted by guest | Permalink Sunday, October 12, 2008 2:55 AM

120, I think you meant "IIT"

avatar
122 Posted by guest | Permalink Sunday, October 12, 2008 3:10 AM

Guys at my high school would make mistakes in Excel all the time. It was no big deal.

But when gentlemen at my legal preparatory fraternity sought to publicize the actions of the aforementioned secondary education students, they frequently revealed the shallow depth of their character and demonstrated their overall churlishness by disparaging acts that, but for the benevolence of Deity, they too could commit. Alas, it was also not a conspicuous event.

Then guys at my high school became editor-in-chief of Abovethelaw.com. The site went to shit, and it was kind of a big deal.

avatar
123 Posted by guest | Permalink Sunday, October 12, 2008 7:28 AM

105: Very well-put. Also, if this document was so important that the firm had to file a 5+ page motion with the court to mend the error (or if they perceived that was necessary), a senior person should've been more closely involved. To pin the debacle on two very junior associates is pretty shitty - as is publicizing their names on this website.

avatar
124 Posted by guest | Permalink Sunday, October 12, 2008 7:35 AM

115: Spot-on about the uselessness of partners when it comes to Excel, e-mail, etc. You're essentially expected to babysit for these people and foresee any and all potential pitfalls.

6: I went to BIGLAW from a lower-tiered law school and never felt that I owed the firm any more than my compatriots who went to NYU, etc. The job is shitty and boring for all of us, believe me.

avatar
125 Posted by guest | Permalink Sunday, October 12, 2008 11:16 AM

So much for the soft job market for junior associates. I hear there are two new openings at Cleary these days.

avatar
126 Posted by guest | Permalink Sunday, October 12, 2008 11:57 AM

Read the declarations, it's the Lehman guy's fault. He's the one that was sloppy.

avatar
127 Posted by guest | Permalink Sunday, October 12, 2008 11:58 AM

This lame and boring post has been up for two days as the top story, yet not one post about Max Hardcore.

ATL, deader than the Mccain campaign.

avatar
128 Posted by guest | Permalink Sunday, October 12, 2008 12:00 PM

Haven't read the whole comment thread, but I'm assuming we all acknowledge that the blame lands squarely on the head of the partner overseeing this matter, right? This has to indicate that no one who know which contracts should be included and which shouldn't checked the 1st year's work before it went out.

Pure partner or senior associate malpractice.

avatar
129 Posted by guest | Permalink Sunday, October 12, 2008 2:40 PM

Publicizing the attorney's name confirms that this site has lost all its CLASS.

avatar
130 Post