Ed. note: Welcome to the latest installment of “Notes from the Breadline,” a column by a laid-off lawyer in New York. Prior columns are collected here. You can reach Roxana St. Thomas by email (at roxanastthomas@gmail.com), follow her on Twitter, or find her on Facebook.
I am sitting in the war room, trying to guess what time of day it is and what the weather is like. Have I been here for an hour, or is it closer to lunchtime, and a brief respite from the monotony of document review? Is it a beautiful day outside, or is it dark and rainy? There are no windows in the room, so these details can be elusive. I will myself not to look at the clock, anticipating the pang of disappointment that comes with knowing just how many hours lie ahead. A moment later, I give in: 10:30. I sigh and turn back to my computer.
A week into the document review, my days have taken on a deadening sameness. I go to the office. I plow through documents. Ben Gay applies healing ointments to his joints; Mr. Potato Head samples from each of the major food groups. At some point, Elisa comes in to verbally abuse one or more of us. When she leaves, no one can get back to work until the nature of her bitchiness and the ridiculousness of her review protocol have been thoroughly deconstructed. These sessions seem almost necessary, a way to cleanse the collective palate of something bitter and distasteful.
They are also, sadly, the moments when the occupants of our forgotten room seem most alive, and when I catch flickering glimpses of the lawyers many of them are, or have been. In the process of discrediting Elisa and her somewhat arbitrary choices, the reviewers defend their judgment calls, piece together strategic arguments, and display a practical command of litigation that seems far greater than that of our young overseer. Still, these attempts at legal discourse invariably remind me of law school, when people immerse themselves in the painfully earnest discussion of substantive issues, with no sense for how ultimately unimportant their opinions are.
I try to remind myself that this is work, and — while far from ideal — it is better than the alternative … or at least more lucrative. But it’s hard for me not to think about document reviews I did as an associate. Although they could be tedious or frustrating (or tedious and frustrating), they often felt more like a blitzkrieg than a prolonged occupation. It was different when I was immersed in a case, faced with a deadline, and anxious to see what the documents would reveal; I remember the purposefulness of turning my attention to the task at hand, the measurable sense of progress, and the feeling of dorky satisfaction that came from seeing the pieces of the puzzle fall into place.
This assignment has none of those features. Elisa has given us almost no background information; without a feel for the context of the case, I spend an inordinate amount of time worrying about whether I’ve missed some crucial nuance. I can recognize names, but I still have no sense of the people they belong to. And while I — like many lawyers — have indulged in the fantastic notion that my hours of scut work will pay off with a Perry Mason moment, I don’t even know enough about the case to picture the eventual cross or deposition during which the important documents will be brandished at a blanching witness.
More after the jump.
Continue reading “Notes from the Breadline: Comes a Time (Part IV)”
* Justice Clarence Thomas cut SCOTUS to go speak to a high school’s graduating class. [NBC Washington]
* The Second Circuit puts the brake on the Chrysler bankruptcy proceedings. [Washington Post]
* Nationwide Pay Raise Watch: New York judges get a vote ruling of confidence in their request for a salary increase. [New York Law Journal]
* Dan Slater wonders whether Morgan & Finnegan’s dissolution is proof that the end is nigh for IP boutique firms. [IP Law & Business]
* The mark of Rove in the DOJ? [True/Slant]
* Delivery woman brings a Miami-Dade prosecutor a pizza. Prosecutor greets her with a knuckle sandwich. [NBC Miami]
Yesterday, we brought you the story of Marcus Epstein — the karate-chopping congressional staffer who was heading to UVA Law until yesterday.
Virginia is for… haters? Back in April 2007, the Washington Blade ran a story detailing difficult times for gay students at Washington & Lee School of Law:
Reports have circulated that two gay students at Washington and Lee University’s School of Law in Lexington, Va., were attacked in separate incidents late last month.
Brian Dunkel, 27, was attacked by another law school student on his way home on the morning of March 25, according to Lexington police reports….
Dunkel, who filed the report, was walking to his home on Main Street and was jumped from behind by Todd Harper Lindsey, 26, who put him in a chokehold and wrestled him to the ground, police said. Dunkel was able to get away unharmed.
A separate student claimed that she was subjected to anti-gay slurs at the same party Dunkel attended before he was jumped. The students alleged that Washington & Lee administrators were “unresponsive” to the problems of gay students.
Such problems may persist to the present. Today, Washington & Lee law school dean Rodney A. Smolla sent an email to the entire law school community about complaints of “verbal misconduct,” allegedly directed against minorities, that were raised this past semester.
Details after the jump.
Continue reading “Does Intolerance Abound at Virginia Law Schools?”
* All you need to know about the J.D. Salinger lawsuit. If you had a basically competent high school English teacher, you should be able to follow along. [The Legal Satyricon]
* Gosh, I would never even think of posting nude pictures of ex-lovers who have spurned me. No really. I would totally never, ever do that. [True/Slant]
* Learn how to research on the cheap. [Blackbook Legal]
* Is “Kick a Ginger Day” racist? Or an homage to South Park? [QuizLaw]
* Don’t let the angry rhetoric fool you, we don’t own squat. [Concurring Opinions]
* Federalism shoots down the Second Amendment. Boy, wait till the south finds out about this. [Althouse]
Don’t call it a memo, call it a mission statement.
This afternoon, just before lunch, a secretary in the New York office of Bingham McCutchen decided to express her feelings about the recession to her law firm colleagues. All of them. All Bingham partners, counsel, associates, and staff, in every office, received this message to ponder over lunch:
Character
In recent times we read and talk primarily of those who have lost their jobs. Those of us that remain employed, specifically for this content, in the field of “Corporate America”, are clinging so tightly to the stability and familiarity of ones’ employment that we are losing, in my opinion, an already underrated quality, CHARACTER (for some that may be assuming that they had any in the first place, and likely they are clueless to who they are).
Many years have passed now since I joined the legal profession. I can remember meeting a first year associate, and sinking into my chair when I realized I was older than my assignment. I have been truly fortunate during my many years. I have worked with ground-breaking woman and bright young associates who eventually became partner. I have experienced co-workers get married, have babies, even cried with them over loss of dear friends (R.I.P. Howie, Mike and sadly several others).
As I look around lately, I see nail biting and unshowered attorneys (more driven than ever), which is another great concern – the lack of recognition for the importance of Quality of Life. But that’s another story). In conversation with colleagues I hear in whispers “well, we have our jobs”. Some of these people, now unrecognizable to me, I have known for countless years. It is as if their zest is gone, overshadowed by their fears, desperate to justify their worth to the company. These were some of the brightest and most innovative people I have ever professionally known.
Good. Good. Keep typing. I am unarmed. Keep writing this email and take the Quinn Emanuel associate’s place by my side.
Crack open a beer and watch the train wreck continue after the jump.
Continue reading “Bingham McCutchen Staffer Doesn’t Want to be a ‘Stepford’ Secretary”
The Not-So-Honorable Samuel Kent — the first federal judge to be charged with a sex crime, and now a convicted felon, after pleading guilty to obstruction of justice — is leaving the bench.
But he’s taking his sweet time about it:
U.S. District Judge Samuel Kent on Tuesday submitted his ”unconditional resignation,” which will take effect June 1, 2010.
Kent’s lawyer, Dick DeGuerin, says the judge decided to resign to avoid the ”spectacle” of an impeachment process by Congress. The House Judiciary Committee had scheduled a hearing on the matter for Wednesday.
Kent’s resignation announcement comes a week after denial of his request to retire on disability due to depression — which would have allowed him to continue receiving his full salary for the rest of his life.
Yes, that’s right — June 2010. What’s going on? Professor Jonathan Turley explains (gavel bang: commenter):
The date is designed to milk the system of as much benefits as possible — only to resign shortly before any completion of impeachment. Absent a voluntary resignation or impeachment, Kent can continue to receive his judicial salary.
Pretty pretty clever. Count on a federal judge to work the legal loopholes.
Judge Kent Resigns On Eve of Impeachment Hearing — Effective One Year From Now [Jonathan Turley]
Convicted Federal Judge Submits Resignation Letter [Associated Press]
Earlier: Prior ATL coverage of Judge Samuel B. Kent
We know many lawyers who agonize over the New Yorker magazine’s weekly caption contest, desperately hoping to come up with a gnomic, witty caption worthy of selection. But we know of only one lawyer who has managed to come up with a winning caption three times. Let us introduce you to Larry Wood, an attorney at the Legal Assistance Foundation of Metropolitan Chicago.
Wood, who also teaches a housing and poverty law class at the University of Chicago, has won the weekly contest more often than anyone else. (A slight technicality: A man by the name of Carl Gable has won three times, but one of those was the New Yorker’s annual contest, which has since been replaced by the weekly contests.)
Out of 38 submissions in the four-year history of the contest, Wood’s made it to the finals three times. That’s mighty impressive, given that he’s competing against at least 5,000 other caption entries each week, reports Steve Johnson of the Chicago Tribune. So how’d he do it? Here’s what he told us on the phone this morning:
Short is better. Incorporate everything that’s in the cartoon. In one cartoon I was working with, there was a dolphin and a panhandler. So I thought of all the cliches I could think of about dolphins and about panhandlers. Dolphins are extremely intelligent, etc. Then I came up with the caption that won. My colleagues thought it was a mean-spirited joke for a poverty lawyer to make.
Maybe lawyers have advantages in the caption contests. As one friend of ours noted in response to Wood’s advice, “incorporating all the elements into your answer is actually a skill lawyers are supposed to use in their bar exam essays (and law school tort exams).”
Check out Wood’s winners, including the controversial caption, after the jump.
Continue reading “Lawyer of the Day: Larry Wood”
Bad news coming out of Minneapolis today. A Dorsey & Whitney spokesperson has confirmed to Above the Law that 55 staffers have been let go.
The firm tell us that the 55 staffers represent about 7% of Dorsey & Whitney’s support staff. The layoffs took place across seven of the firm’s offices, but the spokesperson tells us that Minneapolis was the hardest hit.
Tipsters report that 38 of the 55 staffers were based in the firm’s Minneapolis office.
As far as we know, this is the first round of economic layoffs for Dorsey (#87 in your Vault guides). The firm has frozen associate salaries, but has largely avoided some of the more aggressive cost cutting measures we’ve seen from other firms.
Of course, the firm’s overall ability to avoid the worst of the economic recession is of little solace to the staff that lost their jobs today.
Good luck to those let go. Who knows, maybe Thor Anderson needs some extra help?
Earlier: Nationwide Pay Freeze Watch: Dorsey & Whitney
This morning (just after 8:00 a.m. EDT if you must know) Morrison Foerster associates received a whip-cracking message from the firm’s New York managing partner, Charles Kerr:
As we move into the summer, I thought it would be a good time to remind everyone about the expectations in this office about when the work day begins. We are, at core, a client service institution, both internally and externally. This means that is we need to plan our schedules to meet our clients’ needs and expectations. More importantly, the strength and value of our work depends on being able to communicate with and reply upon our colleagues and if folks are simply not around, that is harder to do. While I recognize that the changing face of our technology has allowed us to accomplish this in new and novel ways, it is still an important part of our business that each of us can depend upon and interact with our co-workers on a consistent basis.
In light of this, it is very important that folks get to work on time. If it was up to me, that would mean jumping jacks at 8:00 a.m. in the lobby. I am not sure, however, that I have convinced everyone that that is the right approach.
Wow. That sounds like a straight up “face time” directive, doesn’t it? Kerr acknowledges that “technology” allows people to accomplish many client service tasks from remote locations, but he would still like to see people hopping up and down in their offices bright and early.
But let’s say that you get to work at 8:00 a.m. Is there really anything more to be done other than jumping jacks (and reading ATL)? I imagine most associates show up at work as early as they have to in order to accomplish the day’s tasks. Is Kerr really suggesting that billable hours are being left on the table because some associates want to sleep in during the recession?
More from Kerr after the jump.
Continue reading “MoFo Associates, Are You At Work Yet? You So Better Be At Work Already!”
Here on Above the Law, we have extensively covered layoffs caused by the shrinking economy. We’ve also covered stealth layoffs. And we’ve covered performance review layoffs that have been done out in the open.
But at WilmerHale it looks like we are seeing an example of this: economically induced performance reviews resulting in stealth messages that require people to openly leave the firm.
Say that ten times fast. A tipster reports:
I know of [several] associates and counsel that have been laid off at Wilmer in the past week. Many of the associates are 2-4 years, but the lay-offs reach up to the 6 year level. All of them were let go for “performance” reasons – but everyone that I’ve talked to has had nearly perfect evaluations….
The not so subtle indication we are getting from the firm is to tread lightly – find something else and leave quietly, and if [people] do that, they will get help, resources, support and references. I imagine the flipside of that is [squeaky wheels] will get a performance based dismissal to hang over their heads. … People are just too scared to say anything in this economy. Of course, there is always the shame of thinking you’ve been let go for “performance” reasons that will keep people quiet as well.
As we understand it, these cuts have taken place in Washington D.C. and Boston.
After the jump, WilmerHale tells us that there have been no “layoffs.”
Continue reading “Nationwide Layoff Watch: Getting the Message Across to WilmerHale Associates”
Back in February, the U.S. Supreme Court asked the acting solicitor general to file an amicus brief in the case American Needle Inc. v. National Football League — a move that seemed to indicate that the Supreme Court would soon hear oral arguments. Yesterday, however, U.S. Solicitor General Elena Kagan did her best Jeff Feagles impersonation by filing a 22-page amicus brief (pdf) that ultimately attempted to punt this case off the Supreme Court’s docket. The brief, which was co-authored by the Federal Trade Commission, concluded that “[t]he petition for a writ of certiorari should be denied.”
For those who have not been following the American Needle case, the original plaintiff, American Needle Inc., had for more than twenty years maintained a non-exclusive license to design and manufacture headgear bearing the NFL clubs’ names and logos. Then, nine years ago, the NFL clubs decided to offer an exclusive license to American Needle’s main rival, Reebok. American Needle thereafter sued the NFL clubs in the Northern District of Illinois, contending that the new NFL licensing arrangement violated Section 1 of the Sherman Act by illegally restraining trade in the market for purchasing rights to NFL logos. The NFL clubs, in turn, responded by not only alleging that their licensing arrangement was pro-competitive under antitrust laws, but also by contending that the NFL clubs combined to form a single-entity that was entirely exempt from antitrust scrutiny.
Let’s take a look at the NFL’s “defensive line” after the jump.
Continue reading “Sports And The Law: Elena Kagan Punts Away American Needle v. NFL”
* Mayer Brown joins the firms sending its associates away on sabbatical. Except their sabbaticals are corporate, according to Chicago Law. Associates can take $60K to work at a client’s office for a year. That’s quite the deal for Mayer’s corporate clients. [Chicago Law/Chicago Tribune]
* The layoff scene in Maryland. [Baltimore Sun]
* GM’s bankruptcy and sale to the Treasury is on the fast track. [Bloomberg]
*… The law firms getting in line for pieces of the GM unwinding. [AmLaw]
* Dewey & LeBoeuf is on the defendant’s end of a $3 billion lawsuit. That “b” is not a typo. [St. Louis Post-Dispatch via American Lawyer]
* The Washington Post editorial page claims that conservatives are comparing SCOTUS nominee Sonia Sotomayor to Harriet Miers. [Washington Post]
* The hooker-booker for the Emperors Club was sentenced yesterday, the last of the defendants to go before the judge. And the excuse for one more article about Eliot Sptizer’s love of the ladies of the night. [New York Daily News]
The New York Law Journal brings us a distillation of the numbers (subscription) for this year’s summer associate classes in New York. We wrote about SA programs back in March, when NALP numbers were first released. As firms deal with the cold water that is the recession, there’s been some serious shrinkage of the SA programs.
New York offices appear to be in the coldest waters. Of the top 25 largest firms in the Big Apple, those shrinking their classes greatly outnumber those bringing in greater numbers of 3Ls-to-be. Here are the five firms that have most dramatically slashed the sizes of their summer associate programs:
Many of these names are familiar to those who follow our layoff coverage.
Not every firm has downsized their SA ranks, though. Debevoise & Plimpton went Cookie Monster on this year’s 3Ls, increasing the size of its New York summer class by over 50 percent (from 68 summer associates last year to 104 this year). And it’s keeping its SAs around for 12 weeks — which seems generous these days, when 10 weeks is in vogue.
See the other firms with bulked-up programs, after the jump.
Continue reading “The Few, The Brave, The Lucky (Or: The 2009 Class of Summer Associates in New York)”
* This isn’t necessarily legally related, but if you have an internet connection and haven’t seen this yet, then you are not using your computer properly. [Popsquire]
* Political pressure was exercised to get students admitted to the University of Illinois Law School? Wake me up when something happens in Illinois that isn’t dirty, tainted, or objectively corrupt. [TaxProf Blog]
* Wait, are you saying that there is something the iPhone can’t do? [Let's Talk Turkey]
* Is Dick Cheney coming around on gay marriage? [Law Dork 2.0]
* If the old guard thinks it is bad to have Gen X and Gen Y employees, just wait until Gen X and Gen Y guys become bosses. [Marketing Strategy and the Law]
* A postmortem on WolfBlock. [Ideoblog]
* It’s hard to advocate for recent graduates when some of them can’t even get out of the way of their own tossed caps. [Legal Writing Prof Blog]
* Remember the War of 1812? Remember how badly that went for us? The Brits do.
[Charon QC via Blawg Review]
The dreaded swine flu, aka the H1N1 virus, made it to Mayer Brown last week. Will it now work its way up the Am Law 100?
This afternoon, via Fashionista (last paragraph), we learned that swine flu has hit the hallowed halls of Vogue. And we all know who shares a fancy building with Vogue and Conde Nast: Skadden Arps.
In the past, Skadden employees have expressed disappointment over not sharing elevators with Vogue’s glamorous hotties. Perhaps now the Skaddenites are thanking their lucky stars — or wishing they had taken Sidebar.
You’ll recognize the comedic stylings of Tom Tancredo from his brief turn as the Republican presidential candidate capable of protecting us from the rampaging Mexican hordes. Recently, Tancredo has been liberally availing himself of the opportunity to call Judge Sotomayor a racist.
Maybe you can’t blame Tancredo for throwing around the racist moniker. White men get to use the term so rarely that hearing him say it is almost cute — kind of like when a baby learns its first curse word.
But maybe Tancredo should check his own house before throwing around charged terms. One of his chief speechwriters, Marcus Epstein, has pleaded guilty to a hate crime.
According to documents obtained from District of Columbia’s Superior Court, Epstein, 25, must appear before Judge Wendell P. Gardner on July 8 for sentencing after pleading guilty to simple assault charges stemming from an incident during the early evening hours of July 7, 2007. The documents state that Epstein was walking down the street making offensive remarks when he encountered the victim, called her the “N-word” and struck her in her head. He was briefly detained by the woman’s husband, but was able to escape, only to be arrested minutes later by a Secret Service officer who witnessed the attack. According to the officer’s statement, a friend of Epstein’s informed him that he had been drinking.
Nothing says “protecting the future of America” quite like getting drunk and slapping a woman.
While rubbing shoulders with Tom Tancredo and Bay Buchanan, Epstein has made quite a name for himself with his colorful rhetoric. But it appears that Epstein has been a good soldier for Tancredo. And the Congressman isn’t going to abandon him just because he likes to get drunk and hit black people on the head.
Apparently, neither will UVA. More details — plus an update — after the jump.
Continue reading “UVA Law Is Set to Won’t Welcome Tom Tancredo Staffer Guilty of Hate Crimes”
District Judge Thor Anderson, a trial court judge in Minnesota, could be a Judge of the Day simply on the strength of his powerful name. His dashing picture to the right — taken a long time ago, perhaps in a galaxy far, far away — would be enough to clinch the deal.
But Judge Anderson (a.k.a. Mr. Thor) also has a creative flair when he writes opinions. Last week, the judge ruled in favor of an alleged drunk driver, by granting a pretrial discovery motion. But his unhappiness with the outcome, dictated by a Minnesota Supreme Court ruling that he believes makes no sense, will shake law libraries in Minnesota like a terrifying thunderclap.
At issue was Minnesota’s source code litigation. The Minnesota Supreme Court has ruled that drunk driving defendants are entitled to the source code from their (failed) breathalyzer tests. This would be fine, if the state actually had the source code — which it doesn’t.
Judge Anderson explains the problem like this:
Notwithstanding the state’s difficulties in obtaining the source code from the Breathalyzer’s manufacturers, the Minnesota Supreme Court believes that defendants are entitled to the information.
The thunder God becomes angered, after the jump.
Continue reading “Judge of the Day: Thor Anderson Doesn’t Let His Personal Feelings Interfere with the Law”
More evidence of deflation in the legal market comes from Philadelphia. Last week, Ballard Spahr decided to cut associate salaries. Tipsters report that the average cut is 14%, but each individual salary cut is based on class year and other factors. According to one source:
Ballard Spahr cut associate salaries firmwide between approximately $19,000 and $30,000 per year (senior associates being cut more both on a percentage basis and actual dollar basis than junior associates) effective June 16.
The firm would not confirm or deny these reports. Instead a firm spokesperson told Above the Law:
The firm considers compensation a personnel issue. And corporate policy is not to discuss personnel issues with the press.
More details, and an update, after the jump.
Continue reading “Salary Cut Watch: Ballard Spahr Makes Personal Decision About Personnel”
The big news story for today, as noted in Morning Docket, is the bankruptcy filing of General Motors. Developments on the GM front are being closely covered over at our sister site, Dealbreaker (which also welcomes a new writer today).
There are some legal angles to the GM story, of course. The bankruptcy will generate lots of work for several top firms, as noted by the WSJ Law Blog and Am Law Daily.
But you don’t need a law degree to play a major role in this drama. From the New York Times:
It is not every 31-year-old who, in a first government job, finds himself dismantling General Motors and rewriting the rules of American capitalism. But that, in short, is the job description for Brian Deese, a not-quite graduate of Yale Law School who had never set foot in an automotive assembly plant until he took on his nearly unseen role in remaking the American automotive industry….
“There was a time between Nov. 4 and mid-February when I was the only full-time member of the auto task force,” Mr. Deese, a special assistant to the president for economic policy, acknowledged recently as he hurried between his desk at the White House and the Treasury building next door. “It was a little scary.”
Maybe more than a little scary. But YLS grads students can do anything, right?
Find out how Brian Deese landed this gig, and take our reader poll asking what should be done with GM, after the jump.
Continue reading “Deferred and Looking for a Project? Go Save the American Auto Industry”
Ed. note: Welcome to the latest installment of “Notes from the Breadline,” a column by a laid-off lawyer in New York. Prior columns are collected here. You can reach Roxana St. Thomas by email (at roxanastthomas@gmail.com), follow her on Twitter, or find her on Facebook.
