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Nixon Peabody Picks Up 90 Thelen Attorneys
(This is Different From a Merger How?)

Thelen LLP new logo.jpgWe’ve previously reported that Nixon Peabody was acquiring 60 ex-Thelen attorneys, but only Thelen refugees located in Manhattan.

But now it is looking like Nixon is picking up 90 ex-Thelen lawyers (partners and associates), former Thelen support staff, and tripling its presence in Silicon Valley.

Yesterday’s press release from Nixon reported:

The new attorneys are joining all four of Nixon Peabody’s departments: business, intellectual property, litigation, and real estate. The firm also plans to hire a number of associates and staff from Thelen to help support the new partners. With the addition of these new attorneys from Thelen in Silicon Valley, which will triple in size, San Francisco, New York, Los Angeles, Washington, DC, and Shanghai, it is anticipated Nixon Peabody will have more than 825 attorneys worldwide in 19 cities.

After the jump, remember when Nixon and Thelen were supposed to merge?

We first reported on a possible Thelen/Nixon merger back in September:

Wasn’t this the plot to the movie Made of Honor? Nixon plays the role of Dr. McDreamy, with its dulcet law firm song. Thelen is the cute platonic friend, who suddenly starts looking really hot when she’s about to get hitched to somebody else.

But then Thelen went through a phase where top partners (like their construction practice) were poached by other firms (like PIllsbury). Eventually, the Thelen/Nixon merger withered on the vine:

[I]t’s safe to assume that the laws of “subtraction” still apply to Thelen. It’s not like Nixon (or anybody else) is going to merge with the Thelen associates. A book of business is very different from an active Facebook page.

But it turns out that “merging with associates” is pretty much what Nixon did. Which begs the question, why didn’t Nixon just merge with Thelen outright? Why didn’t they do it before lucrative Thelen practice groups jumped to other firms? Grabbing 90 attorneys isn’t cherry picking, it’s more like harvesting.

And how pissed are the Thelen associates that didn’t get picked up by Nixon?

Highly Qualified Team of Thelen Attorneys Join Nixon Peabody LLP [Nixon Peabody]
Up to 90 Thelen Lawyers are Joining Nixon Peabody [ABA Journal]

Earlier: Law Firm Merger Mania: Nixon & Thelen You Don’t Have To Go Home But You Can’t Stay Here
Law Firm Merger Mania: Nixon Peabody + Thelen = Nixlen Thelpea?

Comments

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1 Posted by guest | Permalink Friday, November 7, 2008 6:49 PM

first?

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2 Posted by guest | Permalink Friday, November 7, 2008 6:49 PM

the horrendous reporting here is amazing, its like he should work at thelen

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3 Posted by guest | Permalink Friday, November 7, 2008 7:09 PM

Thanks for th post, Elie.

Fuck off to all you "protesting" Elie. I'm quite sure each one of you is ugly as sin.

#2 - you're a reused douche.

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4 Posted by guest | Permalink Friday, November 7, 2008 7:17 PM

Who from the SF office is going to Nixon?

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5 Posted by guest | Permalink Friday, November 7, 2008 7:17 PM

If Elie worked at Nixon Peabody, they'd have to change the song.

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6 Posted by guest | Permalink Friday, November 7, 2008 7:32 PM

Thelen management was incompetent to the end.

Talk about legendary idiots. They ran a fine firm into the ground.

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7 Posted by guest | Permalink Friday, November 7, 2008 7:35 PM

#3 = Elie

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8 Posted by guest | Permalink Friday, November 7, 2008 7:43 PM

I would assume they didn't go through with the merger because they didn't want to take on the debts or liabilities, wanted to cherry pick the attorneys or practice areas they took, and/or there were significant conflicts issues with major clients of the firms or major practice groups. This is kind of a dumb question.

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9 Posted by guest | Permalink Friday, November 7, 2008 7:50 PM

MysTTTal

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10 Posted by guest | Permalink Friday, November 7, 2008 8:18 PM

This is a really stupid question. Thelen had approximately 400 attorneys when the firm died. So there are 310 attorneys that Nixon did not want. Thelen also had huge expensive leases that Nixon did not want to assume.

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11 Posted by guest | Permalink Friday, November 7, 2008 8:20 PM

#2: It's like you don't know your its from your it's, hypocrite. I have a question for you incessant Elie bashers: why? Why do you exert so much energy bashing Elie? I suspect you hate your jobs and wish you had a cool job like him. So you hyper-scrutinize everything he writes (OMG, here is a typo! A typo! God, this guy is horrid! I proof my work better than Elie so my life isn't so bad after all). Please. This is a blog, we come here for the gossip. If you want considered error-free law review articles, go to http://www.harvardlawreview.org/ .

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12 Posted by guest | Permalink Friday, November 7, 2008 8:26 PM

right on 11. these are all the kids who have been picked on all of their lives and have nothing to show for it but a law degree that has not delivered the happiness, or respect, they thought it would.

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13 Posted by guest | Permalink Friday, November 7, 2008 8:35 PM

I agree 11. What's turned me off most about this blog is the comment haters. Why not do something more constructive - there is a "Send Tips" link on the top right of the page. If you have suggestions for stories or things you'd like to see covered, why not send them to Elie? This is a lot more productive than just adding to the vitriol that has come to characterize the comment section of this blog.

--not 11 or 12

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14 Posted by guest | Permalink Friday, November 7, 2008 8:42 PM

"hich begs the question, why didn't Nixon just merge with Thelen outright?"

You must have missed the Recorder/Law.com article that said that Ellen Bastier was going to Reed Smith. In that article it said that Thelen's construction practice conflicted with Nixon's insurance practice. That's why a firm to firm didn't work.

So Nixon is picking up major chunks of everything from Thelen EXCEPT construction. Of course some partners now don't want to be a part of Nixon so they moved on so Nixon isn't picking up everyone from Thelen minus Construction.

Here is the law.com article:
http://www.law.com/jsp/article.jsp?id=1202425517320

"The potential matches do not include construction lawyers, though, that source said, noting that there would be too many conflicts with Nixon's insurance coverage practice."

Nuff said.

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15 Posted by guest | Permalink Friday, November 7, 2008 8:45 PM

While I sympathize with the sentiments of 11, 12, and 13, ATL began as a jejeune, gossipy, snarky site. It can't be a surprise that it is infested with jejeune, snarky comments.

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16 Posted by guest | Permalink Friday, November 7, 2008 8:49 PM

"If Elie worked at Nixon Peabody, they'd have to change the song." - 5

hahahah sorry, but that really cracked me up

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17 Posted by guest | Permalink Friday, November 7, 2008 8:56 PM

What is the scoop on thelen's hartford office. Rumor has it they are hooking up with McCarter.

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18 Posted by guest | Permalink Friday, November 7, 2008 9:01 PM

If you're actually bothered by the grammatical mistakes on this blog, you are a ginormous douchebag. The Elie hating in the comments has done much more to deteriorate this blog than his contributions as editor.

- Not 11/12/13

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19 Posted by guest | Permalink Friday, November 7, 2008 9:17 PM

Morgan Lewis is picking up 17 lawyers from Thelen.

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20 Posted by guest | Permalink Friday, November 7, 2008 9:41 PM

Former Thelen partner Tom Glascock (aka Glass Cock) here, informing you that the report says that Nixon PLANS to hire associates from Thelen. Remember, little glass cockians, there's a big canyon between planning and doing.

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21 Posted by guest | Permalink Friday, November 7, 2008 10:03 PM

Are you really Tom Glascock? Been at least ten years since I saw you in person.

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22 Posted by guest | Permalink Friday, November 7, 2008 10:54 PM

*PICK ME UP*

-nervous T-10 1L
email job leads to nervoust101l@yahoo.com

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23 Posted by guest | Permalink Friday, November 7, 2008 11:11 PM

*wanting to bludgeon nervous T-10*

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24 Posted by guest | Permalink Friday, November 7, 2008 11:12 PM

*wanting to bludgeon nervous T-10*

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25 Posted by guest | Permalink Friday, November 7, 2008 11:12 PM

*wanting to bludgeon nervous T-10*

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26 Posted by guest | Permalink Friday, November 7, 2008 11:12 PM

*wanting to bludgeon nervous T-10*

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27 Posted by guest | Permalink Friday, November 7, 2008 11:12 PM

*wanting to bludgeon nervous T-10*

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28 Posted by guest | Permalink Friday, November 7, 2008 11:35 PM

I hate you Elie. Your new name is pig vomit.

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29 Posted by guest | Permalink Saturday, November 8, 2008 12:28 AM

Please report on the widespread Hogan DC layoffs.

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30 Posted by guest | Permalink Saturday, November 8, 2008 12:52 AM

29 --

Huh? Hogan DC layoffs?

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31 Posted by guest | Permalink Saturday, November 8, 2008 12:57 AM

Why would they cherry pick instead of merging? Dumb question Mr. Editor. Obviously, so they can avoid all of Thelen's liabilities while having the opportunity to take the best of Thelen and avoid the worst or even just the not-best. And you called yourself a lawyer? C'mon, you may be a blogger but you still have a brain!

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32 Posted by guest | Permalink Saturday, November 8, 2008 1:45 AM

31: Your last sentence assumes a fact not in evidence.

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33 Posted by guest | Permalink Saturday, November 8, 2008 2:13 AM

14 has it right. It is not a secret that the merger hit a snag due to conflicts with Thelen's construction practice, and by that time it was too late. Once the Nixon merger tanked, Thelen was going down. But since Nixon seriously considered merging with Thelen, it only makes sense that they would be interested in some of the people that attracted them to Thelen in the first place.

The headline "(This is different from a merger how?)" is stupid. (And I don't generally mind Elie.) Many more people are out of work, the buildings housing Thelen will be hurting more, and Thelen will be gone. There is a big difference.

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34 Posted by guest | Permalink Saturday, November 8, 2008 2:22 AM

Hey Glass Cock- obvious you don't know that we associates got offers today... yes, in writing.

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35 Posted by guest | Permalink Saturday, November 8, 2008 6:24 AM

Glascock is a prick.

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36 Posted by guest | Permalink Saturday, November 8, 2008 10:53 AM

30 - you're next, asshat.

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37 Posted by guest | Permalink Saturday, November 8, 2008 11:00 AM

34-

What office are you in? I've heard nothing about SF associates receiving offers from Nixon. I know that Reed Smith mailed out offer letters earlier this week to the SF associates, but nothing else.

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38 Posted by guest | Permalink Saturday, November 8, 2008 11:20 AM

I'd like to hear more about Hogan lay-offs. THAT would interesting (terrifying)...

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39 Posted by guest | Permalink Saturday, November 8, 2008 11:59 AM

Ugh. "THAT would BE interesting (terrifying)..."

Sorry. Late night. - 38

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40 Posted by guest | Permalink Saturday, November 8, 2008 12:29 PM

Elie,

You are a goddamn retard. There are a lot of reasons that a firm would pick up pieces rather than merge outright. First, as noted by a commenter above, that you don't have to assumer firm liabilities if you pick up pieces. Second, you can cherry pick (as also pointed out above). Third, the conflicts issues are MUCH easier to deal with in a pick-up-the-pieces situation than in a merger.

Maybe you just know nothing about law firm business or the Rules of Professional Conduct, or maybe you're just lazy. I'm betting it's both.

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41 Posted by guest | Permalink Saturday, November 8, 2008 12:35 PM

40, agreed. I'd think the benefits to picking up pieces of a firm in today's market clearly outweigh buying the whole cow.

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42 Posted by guest | Permalink Saturday, November 8, 2008 12:56 PM

Why doesn't Elie do a story on Skadden DC? I have heard a lot of rumors about Skadden DC on this site, but nothing that is substantiated.

Doesn't Elie have a duty to truth? Shouldn't he do a Skadden DC truth post to put the rumors to rest?

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43 Posted by guest | Permalink Saturday, November 8, 2008 1:17 PM

37, associates from multiple offices, including SF, received their Nixon offers yesterday.

As for all of those doubters who ridiculed the notion that the Thelen partners would reward the loyalty of those associates with whom they worked, please do take note. Oh, and be sure to read the part about how many staff are being brought along as well.

Then, please go and choke on your own bile.

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44 Posted by guest | Permalink Saturday, November 8, 2008 1:33 PM

Any Nixon Associates care to comment on their compensation over there? Nixon doesn't appear to have won any cudos for that. Lockstep (at what range) for how many years, and what about after that? How are compensation decisions made? Do you think it is fair?

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45 Posted by guest | Permalink Saturday, November 8, 2008 1:45 PM

43

That's great, good news coming out of a bad situation and you're justified in pointing out that the partners stood up for their folks at all levels. What kind of interview process was there for the associates prior to receiving the offers? Did Nixon engage in full blown interviews for everyone or was it a matter of if they made an offer to the partner, the partner and Nixon determined who would go along, without any interviews by Nixon?

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46 Posted by guest | Permalink Saturday, November 8, 2008 2:35 PM

This is good news people! There will be less associates unemployed now!

Either way, though, we are all fucked. This economy is worse than anyone could have imagined. I strongly believe that only the V5 will survive this.

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47 Posted by guest | Permalink Saturday, November 8, 2008 2:46 PM

isn't it weird that Raisins has an ostrich parking lot when the ostriches are clearly startled by all the jarvis proves?

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48 Posted by guest | Permalink Saturday, November 8, 2008 3:01 PM

Any offers being made to incoming associates? It's great that we are celebrating the behavior of some partners for taking along associates.

But, at least in NY, the partners treatment of incoming associates has been reprehensible.

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49 Posted by guest | Permalink Saturday, November 8, 2008 3:35 PM

48: At the risk of not sounding like I'm one with the proletariat, I'm not sure that you can call partner treatment of incoming associates reprehensible.

If a partner moves and can take (and wants to take!) his associates, that's fine. He will pick the ones that he knows and trusts, or if he's really busy, ones that just keep the ranks full to do all of the work that he has generated. In that rare instance, he might take a gamble on an incoming associate and place him/her under his umbrella.

But, the way that most firm recruiting works is that years in advance you put law students into the pipeline. They summer. They get an offer. They take the bar, and they show up to be divvied up among practice groups. Maybe they had some way of ranking or selecting which practice groups to go to, maybe not. But the partners who've barely worked with them yet are not going to feel very beholden or especially tied to these newbies -- they haven't worked with them, don't know if they're capable of real work.

Hell, at most large firms, first years are completely interchangeable and have little to NO partner interaction. So, if a partner is moving laterally in a weak economy, he's probably not taking associate deadweight that he has no prior work experience with or investment in (for when the market picks up). The new firm will have other first years with no work experience, too, and they are essentially fungible.

Of course that sucks for first years coming in to a new firm. But it is an unfortunate reality of anyone joining a new business. You don't know what you're getting into, and you've not built up the goodwill to increase your job security.

As a result, the conduct is not "reprehensible", unless there is more to the story (lies, etc.).

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50 Posted by guest | Permalink Saturday, November 8, 2008 5:07 PM

I second 44's request.

I'd be interesting in hearing about Nixon's compensation scheme and bonuses....as well as their financial health from associates/partners.

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51 Posted by guest | Permalink Saturday, November 8, 2008 5:10 PM

hey mystal...if you're going to use the phrase "begs the question," at least use it properly. do yourself a favor and look it up.

i'm surprised a harvard law student can be so incompetent. any way we can get them to revoke your degree?

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52 Posted by guest | Permalink Saturday, November 8, 2008 5:34 PM

45- They did not interview the associates. The partners told Nixon who they needed/wanted and Nixonmade the offers. They're going in
altterally (same pay as they were at Thelen, they'll be slotted into Nixon's pay scale at the next review cycle) with no loss in class.

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53 Posted by guest | Permalink Saturday, November 8, 2008 6:36 PM

SkaddenDC is too coy and covert to give any real response. They wouldn't say anything until Flom himself is putting the chains on the front door.

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54 Posted by guest | Permalink Saturday, November 8, 2008 6:36 PM

Thanks, 52, that's good info. I guess those of us who didn't get a letter know what it means...

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55 Posted by guest | Permalink Saturday, November 8, 2008 7:02 PM

Sorry, 54. What office are you in?

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56 Posted by guest | Permalink Saturday, November 8, 2008 7:25 PM

Elie, it's the difference between a stock deal and an asset deal. So it seems you weren't a corporate lawyer, and you can't write, so what does that leave: doc review jockey?

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57 Posted by guest | Permalink Saturday, November 8, 2008 7:34 PM

44 - Lockstep for three years, then there are ranges that are basically discretionary. Bonus structure is a big question mark right now -- nobody except those with exceptional hours are expecting much of anything.

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58 Posted by guest | Permalink Saturday, November 8, 2008 7:52 PM

55 - sf

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59 Posted by guest | Permalink Saturday, November 8, 2008 10:12 PM

WHY is there not an ATL story on Skadden-DC??

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60 Posted by guest | Permalink Saturday, November 8, 2008 10:20 PM

You guys can all bitch and moan about Tom Glascock, but he was a pretty good guy. Mark Weitzel, on the other hand, is a fucking weasel.

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61 Posted by guest | Permalink Saturday, November 8, 2008 10:21 PM

46 -- Sorry I didn't get a chance to respond to your post earlier, but better late than never: you are a total idiot.

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62 Posted by guest | Permalink Saturday, November 8, 2008 10:25 PM

What is the rumor about Skadden DC?

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63 Posted by guest | Permalink Saturday, November 8, 2008 10:33 PM

29 -- can you provide more information on the Hogan layoffs?

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64 Posted by guest | Permalink Sunday, November 9, 2008 12:25 AM

57, what do the locksteps look like for offices starting at 160k and what did bonuses look like in previous years?

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65 Posted by guest | Permalink Sunday, November 9, 2008 12:42 AM

60, Former Thelen partner Tom Glascock (aka Glass Cock) here, agreeing that Mark Weitzel is a weasel. Why he even refused to agree to support junior partners at Thelen who were part of his team for partnership at Orrick! I may be a glass cock, but Weitzel is a prick.

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66 Posted by guest | Permalink Sunday, November 9, 2008 3:04 AM

"Lockstep for three years, then there are ranges that are basically discretionary. Bonus structure is a big question mark right now -- nobody except those with exceptional hours are expecting much of anything."

So basically Nixon's associate comp isn't much different than Thelen, huh?

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67 Posted by guest | Permalink Sunday, November 9, 2008 8:58 AM

Are the Skadden DC rumors true?

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68 Posted by guest | Permalink Sunday, November 9, 2008 11:51 AM

these posts (and comments) should be in pig latin.

esethay ostspay (andway ommentscay) ouldshay ebay inway igpay atinlay.

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69 Posted by guest | Permalink Sunday, November 9, 2008 12:05 PM

57 - what are the discretionary ranges? What is the minimum guarantee one can expect to make each class year? Beyond first years starting at $160K, I cannot find this information anywhere.

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70 Posted by guest | Permalink Sunday, November 9, 2008 1:12 PM

69, this is a bit dated but take a look.
http://www.lawfirmdiscussion.com/compensation/newyork07salary.php

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71 Posted by guest | Permalink Sunday, November 9, 2008 1:44 PM

70, that post was as helpful as a kick to the nuts. That just lists starting salary and Unknowns.

I'd like to hear what 57 has to say, or any other Nixon associate

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72 Posted by guest | Permalink Sunday, November 9, 2008 1:59 PM

When Obama signs card check into law and associates organize, things are going to be a little different around here.

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73 Posted by guest | Permalink Sunday, November 9, 2008 2:27 PM

72---Take a labor law class at your local community TTT.

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74 Posted by guest | Permalink Sunday, November 9, 2008 4:33 PM

so what is the deal with Reed Smith picking up part of Thelen as well? How many and which offices?

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75 Posted by guest | Permalink Sunday, November 9, 2008 4:40 PM

What's going on at HH DC?

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76 Posted by guest | Permalink Sunday, November 9, 2008 4:47 PM

74: Word is that Reed Smith is just picking up Ellen Bastier's group from Thelen SF.

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77 Posted by guest | Permalink Sunday, November 9, 2008 6:31 PM

Some associates from SkaddenDC supposedly going over to W&C and Covington.

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78 Posted by guest | Permalink Sunday, November 9, 2008 7:02 PM

75 - Most of the lit group going to Williams & Connolly.

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79 Posted by guest | Permalink Sunday, November 9, 2008 7:02 PM

75 - Most of the lit group going to Williams & Connolly.

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80 Posted by guest | Permalink Sunday, November 9, 2008 7:12 PM

"Which begs the question, why didn't Nixon just merge with Thelen outright?"

I never got into the Elie bashing- but seriously- this entire post makes me re-think that. If you can't understand why not go through the merger and just take associates post dissolution, then you have no business writing about it.

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81 Posted by guest | Permalink Sunday, November 9, 2008 7:29 PM

So, is it just Skadden and Hogan that are hemorrhaging in DC? Any other firms? And, why isn't there an ATL story on all of this?

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82 Posted by guest | Permalink Sunday, November 9, 2008 8:23 PM

Skadden DC is a healthy, vibrant firm. Stop starting rumors.

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83 Posted by guest | Permalink Sunday, November 9, 2008 10:23 PM

Any info on discretionary ranges or the initial 3 year locksteps? Past year bonus info would be great too.

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84 Posted by guest | Permalink Sunday, November 9, 2008 10:27 PM

75 - Hogan is fine, asshat. You are clearly TTT or Roger Liu.

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85 Posted by guest | Permalink Sunday, November 9, 2008 10:43 PM

84,

Roger Liu is not an asshat. Roger Liu is awesome.

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86 Posted by guest | Permalink Sunday, November 9, 2008 10:58 PM

Funny -82. Just leave it alone and let the facts come out on their own.

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87 Posted by guest | Permalink Monday, November 10, 2008 8:53 AM

Big Mystake.

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88 Posted by guest | Permalink Monday, November 10, 2008 8:55 AM

17 Thelen people start at Morgan Lewis today - basically, the entire utility finance group in NY.
Why no report ?

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89 Posted by guest | Permalink Monday, November 10, 2008 10:48 AM

88 - was anyone not asked to come with the group?

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90 Posted by guest | Permalink Monday, November 10, 2008 1:52 PM

Nixon Peabody certainly has no use for the staff at Thelen. The staff can drop dead.

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91 Posted by guest | Permalink Monday, November 10, 2008 1:56 PM

I was an incoming summer associate at Thelen SF. What are the chances that Nixon will give offers to any of the Thelen incoming first years. From what I can gather, Nixon SF's first year class is small (5 or so). So with all of the Thelen partners and associates going over there, is there a chance that they would want to increase the size of their first year class? I know it is probably a long shot and I am not banking on this happening. I just want to see what people think.

By the way, don't call me an idiot for not finding another opprotunity before the firm dissolved. I tried. There are very few firms hiring people in my situation.

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92 Posted by guest | Permalink Monday, November 10, 2008 2:04 PM

88--the dregs of Thelen went to a TTT firm. Why would it be reported?

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93 Posted by guest | Permalink Monday, November 10, 2008 2:29 PM

Why should Nixon Peabody care what happens to the staff at Thelen? Yes they are hiring a lot of attorneys from Thelen and it would appear logically that NP would need more staff because of all the Thelen attorneys they are adding, but do you think Thelen encouraged them to look at their staff in case they wanted to hire anyone? Maybe worse things are in store for Thelen staff (and remaining attorneys). What if they pull a Heller Ehrman and let them go before the date on the WARN Act in order to save money for the partners left holding the bag?

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94 Posted by guest | Permalink Monday, November 10, 2008 2:32 PM

Why should Nixon Peabody care what happens to the staff at Thelen? Yes they are hiring a lot of attorneys from Thelen and it would appear logically that NP would need more staff because of all the Thelen attorneys they are adding, but do you think Thelen encouraged them to look at their staff in case they wanted to hire anyone? Maybe worse things are in store for Thelen staff (and remaining attorneys). What if they pull a Heller Ehrman and let them go before the date on the WARN Act notice in order to save money for the partners left holding the bag?

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95 Posted by guest | Permalink Monday, November 10, 2008 2:37 PM

91 -- All you can do is send your resume to Nixon Peabody and ask. anybody who calls you an idiot for not finding another job already is the idiot because in this economic environment it is hard to find another job. They are just being bitches unless they really believe that somehow you can wave a magic wand and get a job anytime you like. I say, may it happen to them.

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96 Posted by guest | Permalink Monday, November 10, 2008 4:45 PM

92 - you are a jerk

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