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Musical Chairs: High Profile Kirkland Hire Draws Criticism

Michael Garcia new Kirkland Partner.jpgWhen you have a chance to hire a high profile U.S. attorney from the Southern District, it’s a move you almost have to make. Kirkland & Ellis snapped up U.S. attorney Michael Garcia, who is best known for his role in hounding “Client #9” out of town.

Garcia could make between $3 million and $4 million at Kirkland (sure, it’s the associates who are “greedy”), but it appears that not all of the partners were aware that there would be a new guy feeding at the trough. The Daily Beast reports:

Garcia’s sudden move to Kirkland & Ellis was engineered by executive committee member Jay Lefkowitz—a high-powered neoconservative who authored President Bush’s stem cell research policy and was once considered to serve as White House chief of staff. It caught many senior partners there by surprise. “Normally it would certainly be a plum to pick up a U.S. attorney, but frankly it’s disappointing when you first hear about it reading the morning New York Times,” one senior partner in the New York office told me.

On the one hand new partner hiring is not like elementary school. Not everybody gets to play. However, if hiring Garcia had been talked about more widely at Kirkland, perhaps more of his critics would have tried to stop it.

And Garcia does have a lot of critics. More after the jump.

Some critics question whether Garcia is even a very good attorney:

“Michael was just fine as a prosecutor,” one of his close colleagues confided, “but he never really managed to shine. He made his way up the ladder with good political instincts. He had a knack for knowing what would make the politicos happy, and he played that very effectively.”

Others criticize Garcia’s oversight of Wall Street:

The Manhattan U.S. Attorney’s office, dubbed the “Sovereign District of New York,” is arguably the most powerful prosecutorial office in the land. … But his record on wrongdoing on Wall Street has been negligible. His most notable case was a prosecution of KPMG officials in a tax-shelter controversy that ended badly, with the prosecutors getting a tongue-lashing from the judge over their mismanagement of the case.

But the heat Garcia is taking could be nothing more than partisan retribution. Sure, now Eliot Spitzer is a shamed sex addict, but it really wasn’t that long ago that Spitzer was the star in the Democratic party. Garcia’s role in bringing Spitzer’s shenanigans to light has been well documented:

Spitzer was vocal in his criticism of the Bush administration’s regulatory regime—charging that it had abdicated its responsibility to regulate the subprime mortgage market and that this failure could provoke a financial crisis. Spitzer was right on the money—and federal prosecutors took umbrage.

Michael Garcia provided the Albany Republicans just what they needed. At that moment, he opened an inquiry into Spitzer’s financial dealings, finding that he used a high-class escort service. Garcia drove the prosecution, staffing it up to the hilt. The inquiry yielded indictments written in language normally found in gossip columns, not in legal pleadings. The sensational story information was promptly leaked to The New York Times, which could be turned to for inside details as the case unfolded. (The Times scoops included first word of Garcia’s move. The Times later gave Garcia an interview that would be a PR agent’s dream, lacking any serious questions.) The press leaks were, of course, unethical and probably also criminal.

I kind of think party loyalty should stop at the hooker’s door. But K&E’s newest partner does come with a hint of controversy.

As long as he makes it rain, everybody will get past the past.

The Man Who Brought Down Spitzer [Daily Beast]

Comments

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1 Posted by guest | Permalink Wednesday, December 10, 2008 4:11 PM

fartface

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2 Posted by guest | Permalink Wednesday, December 10, 2008 4:13 PM

Second!

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3 Posted by guest | Permalink Wednesday, December 10, 2008 4:15 PM

This is lame Ellie. I mean what's the point. Any US Attorney in that district will have some controversy attached to them because they handle so many high profile cases. And who cares that he's gonna making 3m plus. Good for him. He deserves it. And to the Kirkland partners whining about not knowing about it, go doo doo in your pants. Seriously, aren't you busy enough that you shouldn't care. You only care cause he's right of center so shut the f up.

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4 Posted by guest | Permalink Wednesday, December 10, 2008 4:17 PM

3 = Jay Lefkowitz

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5 Posted by guest | Permalink Wednesday, December 10, 2008 4:19 PM

4 = douche

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6 Posted by guest | Permalink Wednesday, December 10, 2008 4:19 PM

number five-o

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7 Posted by guest | Permalink Wednesday, December 10, 2008 4:21 PM

Is it ATL's job to gratuitously bash Kirkland? "Look, Kirkland might not have good bonuses this year, based solely on idle speculation!" "Look, Kirkland's new vacation policy might screw future associates in five years!" "Look, neoconservative!"

-Hopeful 1L

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8 Posted by guest | Permalink Wednesday, December 10, 2008 4:22 PM

Jay needs to move to the Chicago office.

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9 Posted by guest | Permalink Wednesday, December 10, 2008 4:23 PM

client #9

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10 Posted by guest | Permalink Wednesday, December 10, 2008 4:23 PM

client #9

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11 Posted by guest | Permalink Wednesday, December 10, 2008 4:24 PM

client #9

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12 Posted by guest | Permalink Wednesday, December 10, 2008 4:24 PM

Not a stellar lawyer.

Coming in with no business.

Give him $3 - $4 million per year, while half-Skaddening your associates?

Great move.

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13 Posted by guest | Permalink Wednesday, December 10, 2008 4:24 PM

client #9

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14 Posted by guest | Permalink Wednesday, December 10, 2008 4:24 PM

staying with the earlier theme - 7 = Tard Palin

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15 Posted by guest | Permalink Wednesday, December 10, 2008 4:25 PM

I hope I run into him at one of the buffets throughout the Plaza

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16 Posted by guest | Permalink Wednesday, December 10, 2008 4:26 PM

Sorry for the threadjack, but has anyone used the services of J. Smith Associates as a recruiter? Please help me out. Thanks in advance.

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17 Posted by guest | Permalink Wednesday, December 10, 2008 4:29 PM

I remember when Thurman Arnold tried to pull this same move...Paul Porter was none too pleased. Some things never change.

-old partner dood
llb '52

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18 Posted by guest | Permalink Wednesday, December 10, 2008 4:31 PM

Sorry for the threadjack, but has anyone used the services of J. Smith Associates as a recruiter? Please help me out. Thanks in advance.

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19 Posted by guest | Permalink Wednesday, December 10, 2008 4:34 PM

I am glad Jay can bring in business because he is a terrible -- TERRIBLE -- litigator.

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20 Posted by guest | Permalink Wednesday, December 10, 2008 4:34 PM

I am glad Jay can bring in business because he is a terrible -- TERRIBLE -- litigator.

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21 Posted by guest | Permalink Wednesday, December 10, 2008 4:34 PM

I am glad Jay can bring in business because he is a terrible -- TERRIBLE -- litigator.

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22 Posted by guest | Permalink Wednesday, December 10, 2008 4:34 PM

You suck, MysTTTal. Regurgitating a single article by a crank who thinks the New York Times is stooge for conservatives without anyone else, and you spin that as big criticism of Kirkland. Sure, the same firm that was Obama's leading source of money (look it up--I am sick of doing your work) is a rightwing cabal. Go back to your box of doughnuts and come back when you have a real story.

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23 Posted by guest | Permalink Wednesday, December 10, 2008 4:34 PM

I am glad Jay can bring in business because he is a terrible -- TERRIBLE -- litigator.

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24 Posted by guest | Permalink Wednesday, December 10, 2008 4:35 PM

Why do we assume that he wont bring in business? If he made it up to the top w/o being a great lawyer, he likely has impressive people skills that make up for his technical failings. Isn't that what you want in a rainmaker? Why wont he bring in the same sort of work that Mary Joe brought to Debevoise?

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25 Posted by guest | Permalink Wednesday, December 10, 2008 4:38 PM

I have heard Jay Lefkowitz is a rainmaker but does anyone know if he is a good litigator?
-prospective client

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26 Posted by guest | Permalink Wednesday, December 10, 2008 4:40 PM

Why do we assume that he wont bring in business? If he made it up to the top w/o being a great lawyer, he likely has impressive people skills that make up for his technical failings. Isn't that what you want in a rainmaker? Why wont he bring in the same sort of work that Mary Joe brought to Debevoise?

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27 Posted by guest | Permalink Wednesday, December 10, 2008 4:42 PM

YAWN................

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28 Posted by guest | Permalink Wednesday, December 10, 2008 4:52 PM

"When you have a chance to hire a high profile U.S. attorney from the Southern District, it's a move you almost have to make. "

Every article from Mystal makes me groan.

This one is groan-worthy because it contains commentary about how it it wise, in Mystal's oh-so-informed opinion, to hire a SDNY USA at any price. And who is dispensing this assessment? A guy with next to zero legal experience and absolutely zero legal management experience.

Groan.

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29 Posted by guest | Permalink Wednesday, December 10, 2008 4:53 PM

hahaha, I love the critics.

So, apparently critic A believes that one only advances to "partner" status through merit and not through knowing how to "climb the political ladder" in a law firm, unlike those prosecutors at the DoJ (scoff).

Welcome to the real world - you might be a phenomenal lawyer but if you don't have the political instincts to make certain people at your firm happy (same as in every other business imaginable) you will not advance to the top. That critique just masks critic A's real objection: the guy is not a progressive liberal and therefore should not have been hired.

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30 Posted by guest | Permalink Wednesday, December 10, 2008 4:53 PM

hahaha, I love the critics.

So, apparently critic A believes that one only advances to "partner" status through merit and not through knowing how to "climb the political ladder" in a law firm, unlike those prosecutors at the DoJ (scoff).

Welcome to the real world - you might be a phenomenal lawyer but if you don't have the political instincts to make certain people at your firm happy (same as in every other business imaginable) you will not advance to the top. That critique just masks critic A's real objection: the guy is not a progressive liberal and therefore should not have been hired.

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31 Posted by guest | Permalink Wednesday, December 10, 2008 4:53 PM

"Tard Palin" = awesome

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32 Posted by guest | Permalink Wednesday, December 10, 2008 4:54 PM

Elie, stop looking so hard for scandal. Everything isn't scandalous, and everything a firm does isn't wrong. Case in point, just because a firm announces bonuses at 6:45pm doesn't mean they're hiding anything. That's probably just when they finished typing up the e-mail. Everyone at the firm was still there working. Just because your lazy a$$ starts cracking open beers at 5pm doesn't mean 6:45 isn't standard working hours for the rest of us. Now, you think you know better than Kirkland who they should hire. Get a life, Elie. Obviously Debevoise made a mistake hiring you. Maybe you should take that as a hint.

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33 Posted by guest | Permalink Wednesday, December 10, 2008 4:56 PM

Seriously, some of you people need to get a life. If you're not interested in the story, don't click through to the jump. This is obviously a story for ATL - documents a high-profile hire for a well-known firm and throws in a bit of partner infighting for the gossip factor. Chill out on the constant criticism ... you're taking ATL way too seriously.

- Not Elie, since I know its coming

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34 Posted by guest | Permalink Wednesday, December 10, 2008 4:58 PM

33=Elie

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35 Posted by guest | Permalink Wednesday, December 10, 2008 4:58 PM

I don't give a damn who they hire at my firm as long as I get my usual pay, I ball my secretary and I make all the 1st years wash my Porsches.

- Typical BigLaw Partner

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36 Posted by guest | Permalink Wednesday, December 10, 2008 5:00 PM

33 = Elie.

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37 Posted by guest | Permalink Wednesday, December 10, 2008 5:01 PM

35 = not funny.

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38 Posted by guest | Permalink Wednesday, December 10, 2008 5:02 PM

12 ,

Kirkland hasn't announced associate bonuses yet. Get your facts straight before you start to insult or complain.

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39 Posted by guest | Permalink Wednesday, December 10, 2008 5:02 PM

36,

We should hang out. I like your style.

-34

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40 Posted by guest | Permalink Wednesday, December 10, 2008 5:05 PM

37-

Not trying to be funny. As long as I get to kill what I eat, get my dick wet and keep my 1st years on eggshells, life is good.

- Typical BigLaw Partner

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41 Posted by guest | Permalink Wednesday, December 10, 2008 5:07 PM

25-

You don't have to be a good litigator when you are a rainmaker. Adam "Pacman" Jones is a rainmaker too and he's by no means a good litigator given his lack of reasoning skills. You only have to make it rain on dem hoes. In law, in the club, same things equal much love. What.

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42 Posted by guest | Permalink Wednesday, December 10, 2008 5:10 PM

37-

Not trying to be funny. As long as I get to eat what I kill, get my dick wet and keep my 1st years on eggshells, life is good.

- Typical BigLaw Partner

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43 Posted by guest | Permalink Wednesday, December 10, 2008 5:10 PM

Rain Maker? Maybe, maybe not.

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44 Posted by guest | Permalink Wednesday, December 10, 2008 5:13 PM

32,

STFU. Constant complaints. If Elie is cracking open beers at 5 its because he per se may have a better job, at least lifestyle job (this taking for granted that Elie could have a life LOL) that is better than yours.

The grammer and punctuation is bothersome at times, but this is a blog. Not the Fing Times. Objectivity was not a prerequisite in every post.

Oh yeah and STFU - it feels good to say that as I sit entrenced in my office wishing I could go out and bask in the sun (if not for my CHECK I might)!

First Year Subordinate

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45 Posted by guest | Permalink Wednesday, December 10, 2008 5:13 PM

42 = Trig Palin.

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46 Posted by guest | Permalink Wednesday, December 10, 2008 5:15 PM

LOL at me using grammer instead of grammar. Oh Fing well, FIRE ME. PLEASE DO, but give me severance.

-44 (I didn't proofread)

EIC of STFU

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47 Posted by guest | Permalink Wednesday, December 10, 2008 5:16 PM

45 = unoriginal nerd who found one thing shocking to say and repeats it whenever s/he thinks it would just be hilarious.... ::crickets::

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48 Posted by guest | Permalink Wednesday, December 10, 2008 5:17 PM

Please. The mofo is going to attract a ton of business, especially white collar work. Every f-king former US attorney I've heard of has become a rainmaker. By definition, any US attorney who leaves office has ZERO f-king business but that's about as good a credential as you can have to attract business.

PS. This Garcia dude is just waiting for the GOP to re-take the White House so he can get AG or Deputy AG at Justice.

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49 Posted by guest | Permalink Wednesday, December 10, 2008 5:20 PM

Not saying it wasn't a good hire (maybe, maybe not), but at my firm, even Ex-Com members don't go around hiring $3MM-a-year AUSAs without a thorough vetting by the other EPs. That's a helluva lot of money to be giving someone with no business, even for Kirkland. Although if he brings in just one high profile white collar case, he probably pays for himself for a year or two.

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50 Posted by guest | Permalink Wednesday, December 10, 2008 5:37 PM

K&E to woobies!

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51 Posted by guest | Permalink Wednesday, December 10, 2008 5:38 PM

It's amazing that we've hit 50 comments without a single racist comment (I didn't read every post so maybe I missed it).

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52 Posted by guest | Permalink Wednesday, December 10, 2008 5:43 PM

51 = racist.

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53 Posted by guest | Permalink Wednesday, December 10, 2008 5:44 PM

K&E seems to love the high profile people who are actually crappy lawyers. Another one that comes to mind is Rick Cieri. Have any of you heard the man speak? He reads from note cards in sentences like a 5th grader. And he just about always does a shitty job in court. Stick to bringing in the cases, Rick, as the head of the department. Oh, wait, Jamie is back to do that! At least Jamie is a good lawyer.

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54 Posted by guest | Permalink Wednesday, December 10, 2008 6:04 PM

That comp number HAS TO include a non-share based "bonus". NO WAY that they brought in a guy with no business--and no track record of business--at ~50 shares (goes from 15 (or is it 10, now) to 80); it's too far above median and would break the share allocation system, especially with Sprayregen coming back at the same time.

I mean, seriously--the guy graduated from law school in '89 and has spent ONE year in private practice--as a first year assoicate. What's he got that's worth more than 2/3 of K&E's sahre partners?

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55 Posted by guest | Permalink Wednesday, December 10, 2008 6:33 PM

47 = goldfish.

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56 Posted by guest | Permalink Wednesday, December 10, 2008 6:43 PM

55, 45 and 37 = Me after two day acid trip + Sarah Palin in stripper boots and skirt without panties + backstage at Republican National Convention

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57 Posted by guest | Permalink Wednesday, December 10, 2008 6:54 PM

how the f*ck does anyone figure this clown is going to get 3-4 million? dumbass - dont just pull crap out of your fat ass

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58 Posted by guest | Permalink Wednesday, December 10, 2008 7:34 PM

New partner "hiring" would require a partnership vote, wouldn't it?

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59 Posted by guest | Permalink Wednesday, December 10, 2008 7:52 PM

I have no opinion on this post.

Ed Stimes

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60 Posted by guest | Permalink Wednesday, December 10, 2008 7:55 PM

58, not if the partnership agreement delegates that task to a committee.

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61 Posted by guest | Permalink Wednesday, December 10, 2008 8:21 PM

I love the balls on anonymous posters like 53. Takes a real tough guy to call someone out like that without giving us your name. Unless you have the sack to put your name out there, STFU.

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62 Posted by guest | Permalink Wednesday, December 10, 2008 8:21 PM

aka mr make it rain on dem hoz

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63 Posted by guest | Permalink Wednesday, December 10, 2008 8:36 PM

In most AmLaw 100 firms a non equity partner can be brought into the firm without a vote of the partnership as a whole. In some others the partner is slated for equity a year hence and the vote itself is not taken until the year that they make the transition to full equity status. No big deal. This is a routine event. Likely comp for this fellow is 1.75-2mm max.

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64 Posted by guest | Permalink Wednesday, December 10, 2008 8:39 PM

54, high end gov't experience = rainmaking ability (even if some of these posters are right that he actually sucks as a lawyer, K&E's got plenty of nonequity partners and associates who are good lawyers)

K&E pwns again! Garcia will help K&E keep its market-shattering bonuses

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65 Posted by guest | Permalink Wednesday, December 10, 2008 9:25 PM

64=k&e associate

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66 Posted by guest | Permalink Wednesday, December 10, 2008 9:41 PM

61,

My name is Robert Cummins. Gimme a call.

-53

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67 Posted by guest | Permalink Wednesday, December 10, 2008 10:11 PM

17 AKA Old Partner Dood,

That comment rocked. Who are you referring to though? Abe Fortas?

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68 Posted by guest | Permalink Thursday, December 11, 2008 9:45 AM

66 - What firm you at, tough guy?

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69 Posted by guest | Permalink Thursday, December 11, 2008 9:57 AM

Registration Number: 1311257

ROBERT H. CUMMINS
United States


Year Admitted in NY: 1972
Appellate Division Department of Admission: 2
Law School:
Registration Status: Deceased
Next Registration:

SPOOKY!!

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70 Posted by guest | Permalink Thursday, December 11, 2008 12:20 PM

You are the general counsel of a large company that the SEC is investigating. The SEC hints that the US Attorney's Office may be conducting its own investigation. If you hire a former US Attorney to oversee your internal investigation, no one will EVER question your decision.

That's why a former USA is valuable.

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71 Posted by guest | Permalink Thursday, December 11, 2008 1:04 PM

Not spooky. 53 just had their bluff called. What a turd.

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72 Posted by guest | Permalink Saturday, December 13, 2008 7:27 PM

"Michael was just fine as a prosecutor," one of his close colleagues confided, "but he never really managed to shine...."

Elie, you are a nitwit for taking one comment from a purported "close colleague" and using it to support your moronic sub-rumor piece. In case you didn't know, there has been no announcement by either the firm or the individual that he's even going there.

So since you're on thin ice anyway, why take the opportunity to broadcast an isolated and dubious comment that he's not considered an outstanding lawyer? I'd say check your sources, but you clearly don't have too many.

First, anyone who actually worked with the man when he was an Assistant would never refer to him as "Michael." Second, Mike spent most of his time as an Assistant handling a couple of major terrorism cases. If you actually knew the people who did that, you would know that for years, when they weren't in some God-forsaken place with the FBI and foreign police (which they would often do for 6 weeks at a time), or locked up in some airless, windowless room somewhere reviewing classified material, they practically lived at the office. The actual trials lasted 6 months and more. The other years were investigating, prep, sentencing, and appeals. (You could easily look up Mike's cases, you know -- there's this thing called "Westlaw" you can use).

Those guys -- including Mike, Andy McCarthy, Henry DePippo, Gil Childers, Lev Dassin, Ken Karas, Pat Fitzgerald -- gave up years of their lives for you. At the U.S. Attorney's Office there is no overtime pay, no comp time, no fat bonuses, no fancy offices, and most of the time it's you at the copier.

Mike started in the office maybe in 1992, and has held a series of government jobs since he left. He's never made as much as those first year associates in your Proskauer conspiracy. His wife is an agent, and they have 3 kids. Lev, Ken and Pat are still making government salaries. And they all were, and are, outstanding lawyers. Mary Jo White didn't staff major terrorism cases with lawyers who "never managed to shine." (DUH!)

You, on the other hand, have distinguished yourself as a major idiot.


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