Is there really blood in the water around the billable hour? Or are we simply hearing an updated version of a familiar refrain? This morning the Wall Street Journal took another look at killing the billable hour (subscription):
People who follow the world of law firms know, among so much else, two things: 1) that billing-by-the-hour has long been the way law firms get paid and 2) companies have over the years had only limited success in getting firms to agree to do it any other way.
That’s changing. In a big way. Companies are starting to ditch the hourly structure — which critics complain offers law firms an incentive to rack up bigger bills — in favor of flat-fee contracts and other types of arrangements.
Of course, we’ve heard all that before. Heralding the death of the billable hour is much like predicting the end of the world: eventually somebody is going to be right.
Has anything fundamentally changed this time around to make the billable hour more susceptible to death? Here’s the best argument.
The Vault survey rankings may have created buzz last week, but we’re going to kick off the buzz this week by unveiling our first annual review of the summer associate experience at the major law firms. With information based on surveys conducted by Lateral Link and tips we’ve gathered at ATL, the summer program snapshots give you an insiders perspective on each firm. So if you are heading into OCI and want the scoop on what 2009 summer associate class felt about their experience, check out the ATL Career Center, powered by Lateral Link.
The Summer Associate Program review is located within each firm snapshot. Surf over there to find out:
Which firm received high marks for being “open and honest” with summer associates “at every juncture of the law firm strategy in this economic climate?” Click here.
Which firm gives summers an $85 dinner budget and does a two day retreat for all summers at Catalina Island? Click here.
Which firm’s summers report that the firm is “fantastic” when it comes to summer salaries and offers “job security” that is hard to find elsewhere? Click here.
Which firm had summer associates go head to head in a “Roc the Guac” guacamole-cooking contest? Click here.
More after the jump.
Yolanda Young is back with a vengeance, and an amended complaint against Covington & Burling.
The brief synopsis on Young is that she was a Covington & Burling staff attorney who sued the firm for racial discrimination. Covington has denied the charges at every point. The firm briefly got the suit tossed, but it was reinstated.
Young’s basic allegations remain the same:
Through its pattern and practice, Defendant, Covington & Burling LLP, systematically relegates its black attorneys to its lowest rung of practicing attorneys — the position of staff attorney. Firm policy bans the promotion of staff attorneys to the position of associate and, ultimately, to partner. This prohibition adversely impacts Defendant’s black attorneys by consigning the majority to earning less money, performing less challenging work, and enjoying less opportunity for professional growth than Defendant’s nonblack attorneys.
This time around, Young argues that black staff attorneys at Covington are more qualified than their white colleagues:
Young points out that while Covington uses a combination of law school grades, journal membership, and clerkship experience to determine the assignment of its attorneys, many of their partners — who decide how an attorney should be assigned — lack such credentials, but presumably are able to perform adequately at partner-level.
Young also asserts that black practicing attorneys, as a group, typically graduated from higher ranked law schools than their white colleagues and that, more often than their white counterparts, black staff attorneys attended law schools from which Covington’s partners, counsel, and associates graduated.
I think I know what is going on here. See, this is a revenge fantasy lawsuit. And Covington has been typecast in the role of Major King Kong.
After the jump, Young brings charts to back up her claims, and announces her full intentions exclusively to Above the Law.
[Ed. note: Above the Law has teamed up with Law Shucks. Law Shucks has done excellent work translating all of the layoff news into user-friendly charts and graphs: the Layoff Tracker.]
It seems so good, doesn’t it? According to the lead of a recent AP story, "The unemployment rate fell in 17 states and the District of Columbia last month, a positive sign even as the pain of joblessness remains widespread."
Don’t believe the hype. Even lawyers can subtract when it’s only double-digit numbers. Are we not supposed to notice that that must mean the unemployment rate increased, or at best was flat, in more than 30 states? In fact, it was up in 36 states and territories, more than twice as many as it was down in, but the AP is just drunk on White House Kool-Aid apparently, how else to explain that spin?
* More on the skanks. ‘Skanks in NYC’ blogger plans to sue Google for $15 million for disclosing her identity. [New York Daily News via Gothamist]
* A Michigan attorney has filed an age discrimination lawsuit against the University of Iowa College of Law, claiming that the school wouldn’t put him on faculty because he’s the ripe old age of 56. [Chicago Tribune]
* The Justice Department may prosecute CIA employees for torturing detainees. [New York Times]
* Child molester hatched a bizarre $3 million defamation suit against his victim. And won, but only for one day. [Washington Post]
* Gerber Baby Foods doesn’t like women or minorities. [Courthouse News Service]
* As we’ve noted before, prospective law students tell Kaplan the economy is motivating them to head to law school. Obviously, they haven’t done their due diligence here at Above The Law. [Oregon Daily Emerald]
Ed. note: As previously mentioned, LEWW is on vacation this week. Regular weekly posting will resume with a double issue on Friday, August 28.
Today we ask readers to choose the most impressive lawyer newlyweds of the past two months. Early summer traditionally represents the height of the wedding season, and this year’s June and July couples have not disappointed. Below the fold, you’ll find two SCOTUS clerks, a Harvard JD/MD, the GC of a major corporation, a Google millionaire, and two managing editors of the Harvard Law Review, plus the typical amount of prestigious Biglaw employment.
Click on the link below to review our prior write-ups of the Couple of the Week winners and vote for your favorites. (And remember: The two lucky couples who are selected will be eligible for Couple of the Year consideration.)
Last week, Above the Law was dominated by the Vault rankings. But we still had time to expose scandal and poke a little fun. This week’s top three stories:
The list which all prestige-based conversations will have to reckon with was released this week. Vault is so exciting that we even published an incomplete list earlier in the week to whet people’s appetite.
The big news from the rankings has been that Weil Gotshal surged to #6, while Latham & Watkins fell ten sports to #17.
We’ve also started our open threads to allows attorneys and law students to discuss the firms on the list. Click here and here for our first two open threads.
Trial Lawyers for Justice: Not every lawyer is obsessed with prestige of course. Some are just concerned about family. Really concerned. Check here for a law firm’s strange request that new applicants submit a family photo with their application. Here, the firm’s managing partner defends the request.
Moritz College of Law Scandal This week, Above the Law was able to expose a scandal at the Moritz College of Law at The Ohio State University. It appears that the school’s Student Bar Association President embezzled student funds for private use. Now, he might not be able to get his diploma. Check out our full coverage here.
Ok Partner, I will bust my butt for you, I will sacrifice my physical and mental well-being, and I will not complain. And in return, you will mentor me, show me the ropes, introduce me to clients, help develop my business, and reward me with a partnership down the road if I do all you ask of me. You know, the same deal that YOU had when you were an associate. Wait, you won’t do that? You have no interest in mentoring, teaching, or grooming me as a future partner?
Well then, you can suck it. I will continue to care about my “work-life balance,” collect a paycheck for a few years, and then get out of here while I’m still young and marketable.
Firms have been making offers this month. The good news came first, leading us to ask at the beginning of the month: Summer Offer Rate Open Thread: Are We Back to 100%?
We’re such optimists here at ATL that we followed that thread with this one: Summer Offer Rate Open Thread: Happy Happy Joy Joy!.
This week, a number of recent summer associates have asked us to take off the rose-colored glasses. On Monday, we reported that Paul Hastings would have a 75% offer rate, leaving a quarter of its summers with no offers.
We’re now getting reports of no offers at other firms. Two examples are after the jump. But tell us what you are hearing in the comments or send it into firstname.lastname@example.org.
According to the San Mateo County Times, [Glad] had stopped to pick up some delicious Girl Scout cookies. But in his excitement to get his Samoa and Thin Mint fix, he neglected to shift his car into park. His Lexus then rolled into the cookie table. The car pinned Girl Scout mother, Holly Rogers, to a wall, causing her to lose her leg. Her daughter, then 6, suffered multiple leg fractures.
Did we mention that Glad had parked in a disabled spot? And that he was on prescription painkiller OxyContin on the day of the accident?
* Maybe this dude thought that displaying the mental aptitude of child would make it okay for him to look at pictures of naked children. He was wrong. [Roll On Friday]
* Facebook — good for cheaters and divorce attorneys. [Long Island Press]
* If you want to shoot at beautiful wild animals for “sport,” there’s a lawyer willing to help you. [Legal Blog Watch]
* Maryland’s chief Public Defender might want to get an employment lawyer. [Underdog]
* Are “wimpy local counsels” out for themselves more than their clients? [What About Paris?]
* If you take away the color of her skin, is Sonia Sotomayor still “diverse”? [Blackbook Legal]
* Notes from the late Justice Rehnquist’s poker buddy. [BLT: Blog of the Legal Times]
* Open Letter to VH-1: Please familiarize yourselves with the term “vetting.” That is all. [Popsquire]
* More about skanks, from Kash! [True/Slant]
Watch to find out what some of our subscribers received in their May box!
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at email@example.com in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
The traditional job application and interview process can be impersonal, and applicants often struggle to present themselves as more than just the sum of their GPAs, alma maters, and previous work history. ATL has partnered with ViewYou to help job seekers overcome this challenge. ViewYou NOW Profiles offer a unique way for job seekers to make a personal, memorable connection with prospective employers: introduction videos. These videos allow job candidates to display their personalities, interpersonal skills, and professional interests, creating an eDossier to brand themselves to potential employers all over the world. Check it out today!