WilmerHale Warns Associates Against Talking to ATL — But Has It Worked?
As Justice Brandeis famously observed, “[s]unlight is said to be the best of disinfectants.” A certain amount of transparency keeps organizations honest and ethical. Alas, it seems that some law firms, like vampires, have a lower tolerance for sunlight than others.
In late August, we ran an offer rate open thread. There were over 550 comments, and some of the ones about WilmerHale were a little disturbing. They came to our attention when an individual weighing offers from WilmerHale and other top law firms sent us this message:
Could you follow up on all of the negative comments re: WilmerHale in your Summer Offer Rate Open Thread? I’m considering an offer from this firm, and there seem to be a ton of disgruntled associates there. The whole thing seems to center around an internal memo warning associates not to send tips to ATL. This deserves some investigation. Thanks for running an excellent blog.
So we took a closer look at the WH comments on the thread. Like this one:
The firm has made it abundantly clear that no one should provide tips to ATL or post comments. The clear message is that if caught, you’ll be fired. I, however, have already been “transitioned out”, so I have nothing to worry about other than feeding my family.
And this one:
Didn’t you just love the scathing internal memo meant to scare the living &*^$ out of those who were even thinking about tipping ATL? Apparently it worked, because it didn’t end up here (though it should have). I guess the few that were spared from the bloodbath are shaking in their boots.
We haven’t received the memo itself — yet — but we certainly received an awful lot of detail about it.
More reactions to the memo, plus comment from the firm, after the jump.
Many commenters, primarily from WilmerHale itself, expressed disapproval of the memo and its scare tactics:
231: “So let me get this straight, the [folks] at Wilmer had an internal memo to scare those who were even thinking about tipping ATL or post comments? What a bunch of spineless [people]!”315: “[T]he Wilmer memo was scary. It came from the managing partners and it said don’t ever do that again…. What is most surprising to me is the partnership’s lack of confidence in the firm, so much that they are continually worried about ATL posts.”
317: “No one should be surprised by the Wilmer partners’ actions with regard to ATL. They base their firing and promotion decisions on internal politics and rumors. There are so many good lawyers at the firm that they have to weed them out somehow, so the[y] do it based on ‘so and so said that associate up for partner did a poor job on a memo as a first year associate’ or ‘I heard that associate is a bitch’ or ‘that associate is great, he’s a red sox fan.’”
One commenter had this suggestion for us:
319: “Why don’t you do an open thread on Wilmer scare tactics so the whole story can come out? No one is going to send in tips. Just make sure you leave it open long enough for the Wilmer people to go home and comment since everyone is too scared to comment at work.”
Thanks for the idea. Here’s the thread you’ve requested (which we plan to leave at the top of the page overnight, barring any breaking news, so people will see it and comment from their home computers).
WilmerHale has confirmed that management sent around a memo trying to keep its associates quiet. A spokesperson for the firm told Above the Law:
From time to time leaders of the firm communicate to employees that we have an obligation to protect the confidentiality of firm business and matters. This is nothing more than a general reminder of our obligation.
Wilmer makes it sound like management just sent around a gentle reminder about attorney-client privilege. But something tells us attorneys are already well aware of their ethical obligations to clients. Our tipsters report that the memo was directed at associates who might be talking about their jobs to their friends, their families, and sometimes ATL.
Obviously we at ATL don’t see the problem with somebody telling us “I just got fired,” or “my friend just got fired.” People are allowed to talk about their jobs and, more generally, their lives. This is America.
But we have to wonder why the folks at WilmerHale, as well as certain other firms, strive so mightily to keep people in the dark about what’s going on in their workplaces. Well-run institutions shouldn’t be afraid of a little added transparency.
How much a firm pays its associates or how many secretaries it has laid off isn’t a trade secret like the Coca-Cola formula. In the internet age, reasonable firms need to accept a certain amount of “leakage” as a fact of life (and smart firms communicate openly about their operations, to reduce the rumor-mongering and anxiety).
Even if a firm refuses to accept the reality of heightened transparency, do scare tactics like the WH memo even work? Or do they just generate more fodder for complaint, as well as disgruntlement and fresh gossip?
Some observers suggest that such crackdowns, which often come across as heavy-handed and Kremlinesque, are counterproductive. They alienate current employees, as well as potential future recruits (like the person who brought the WH comments to our attention). From the comments:
323: “How can Wilmer think that scaring associates shitless is going to improve loyalty to the firm? Morale has been low since at least the beginning of the year in the office I’m in. Most seem to agree that the atmosphere has completely changed, and it’s not about a lack of work, because at least in litigation and securities there is more than enough. Cutting upward evaluations (likely forever) did not help because that is the one way associates feel like they can get back at the partners who are mean and reward those who are great. If the firm wants loyalty they should improve morale, not threaten us.”336: “[Partners] don’t understand why associates post anything to ATL - they stupidly think associates have as much stake in the firm as they do, yet they give us no reason to be loyal. Their efforts to develop loyalty and increase morale are completely misguided….
And can large law firms, in this age of multi-platform communication, truly track which of their employees, numbering in the hundreds or even thousands, are talking to ATL? Or talking to friends or family, who in turn talk to ATL?
Our email account, tips@abovethelaw.com, is an excellent way to reach us. Many people email this account from their Gmail accounts (or from dummy Gmail accounts), using their personal handheld devices or home computers (to be on the safe side). Emails sent in to tips go to Lat, Elie, and Kash.
But email is far from the only way we receive information. We receive tips via the following methods:
- in-person contact (e.g., when we speak at conferences);
- Facebook message (Lat here, Elie here, and Kash here);
- Twitter direct message (Lat here, Elie here, and Kash here);
- text message;
- instant messenger (AIM or Gchat — see our Facebook profiles for screen names); and
- the telephone (212-334-1871, ext. 3 for Elie or ext. 9 for Lat).
As you know, unless a shout-out is requested, we keep our tipsters anonymous (and might even do some jail time to protect a source — it would be good publicity for ATL).
If you think your firm even has the ability to monitor every communication that you send — including calls, texts and emails sent from your personal cellphone — then you’ve been reading too many John Grisham novels. As for your work computer, if your firm monitors everything you do on it — using a key capture program to every keystroke you type, then reviewing said keystrokes — your firm probably isn’t a very nice place to work (and needs more real work for its IT people, so they don’t have time for cyber-witch hunts).
We live in an environment where people are terrified of losing their jobs. But we don’t (yet) live in a totalitarian universe where people are being actively prevented from talking about their work and their lives.
Fear has always been only a temporary substitute for loyalty. Thanks to all the tipsters who contributed to this story.
Earlier: Departures from WilmerHale: An Interesting Internal Memo
Summer Offer Rate Open Thread: Here Come The No Offers




Comments
This is silly self-aggrandizement on the part of ATL. Summered at Wilmer (and going back after my clerkship) -- a lot of what they posted on the firm this summer regarding layoffs seemed legitimately inaccurate.
firsty mcfirsterson was pretty close
1 - Summer associates are told all about internal firm operations, including stealth layoffs of midlevel and senior associates? I did not know that.
When it comes down to it, a lotta lawyers are cowards. You don't pass the bar by beating people up, after all. You're a lawyer because you couldn't beat people up. You sat in your room and studied while the other kids were out playing hockey and robbing convenience stores.
fif!
"And can large law firms, in this age of multi-platform communication, truly track which of their employees, numbering in the hundreds or even thousands, are talking to ATL " Well, Given that WilmerHale fired the associate who posted the memo to ATL, having him escorted out of the building within 10 minutes of being fired, I'd say: Yes, large firms CAN track their employees.
#1, please explain how the rumors seemed "inaccurate" and what your basis was for concluding so.
6 - Urban legend. He was fired for other reasons.
I'm thirsty. Commenter 1, can you pass the Kool-Aid?
1 is a hopelessly naive head-in-the-sand gung-ho lawyer wanna-be. They'll chew him up and spit him out in short order.
8 - of COURSE he was fired for "other reasons".
The threat worked to some degree, since ATL did not get the complete memo itself. QED.
1-
If you're clerking now, that means you summered in 2008. So, chances are you don't know shit about what's happened in the last 15 months. Secondly, you were a summer at the time. Why would they tell you anything? Of the associates you knew then, how many are still there? And how many of them are happy?
Wilmer is an excellent firm with excellent lawyers. But the anti-leaking memo was an error in judgment.
Well - since I've already been transitioned out as well - I'm not scared of the man anymore...so here's what I know. The memo was a well planned scare tactic - and it worked. The tone was stern and threatening, and it tried to shame those who had already defected and talked to the "media" - while sending a clear warning to those who hadn't yet, but might have been thinking about it. If I remember correctly, there were comments about how those who had talked weren't high enough caliber with regard to character to be part of the WH family, etc. etc. There was also a comment about how this was the "first time in history" that internal firm matters had been leaked to the media.
All I know is that the memo shut everyone up almost immediately. Even internal firm talk amongst associates ceased. Talk about effective. People were even nervous about talking about the memo itself. Good getting a copy ATL. The poor WH associates might as well be working in North Korea.
There are worse places to work than WilmerHale. But it could also do a lot to improve, like bringing back upward evaluations, getting rid of asshole partners (management knows who those people are, like the vice chair of IP in NY), and making the evaluation and promotion system fair and not based on gossip. But, it is a law firm, and I doubt most firms are much better. I've resigned myself to misery.
How about some no-offered WH summers tell us whats really going on?
14, only law firm HR professionals and kool-aid-poisoned ex-summers bother to post such nonsense. Which are you?
15 - That's a good comment. Nice details. Thank you.
What can you tell us about the rumor that someone was fired for tipping ATL?
Lat/Elie: do you have a fax number?
20 - Scan / PDF your document, then email it.
18 - I think you missed the main point of what I said. I wrote that "the anti-leaking memo was an error in judgment" (meaning a dumb idea).
Comment removed by moderator.
First to leak that Wilmer is soon to open office in Pyongyang.
I'm a 3rd year at WH. The way the memo is described in this post (and by the comments cited) bears zero resemblance to the memo itself. It was a very professionally-worded request that memos circulated internally remain internal. The WH memo that was originally sent to ATL was the minutes from an associates-committee meeting. The memo from management essentially said that associates will feel less comfortable speaking candidly in such committee meetings if they fear minutes of the meeting are going to get sent to law blogs. Actually a fair point, imagine that. To characterize it as a scathing warning is just inaccurate. It was bemusing water cooler fodder for a couple days, and I haven't heard it brought up since.
19 - I'm not 15 - but I do know about the person that was fired for tipping ATL. He had discussed ATL amongst "friends" at the firm, including apparently some summer associates - and admitted to some involvement in the original postings about layoffs. The following week, he "resigned" abruptly and was escorted out of the building.
The idea of reminding employees, especially new associates, not to post internal firm documents on the web is not such a bad idea. It's the way management went about it that was the problem. Wish I still had it so I could quote it here in the comments, but I don't.
Can any WH employees post comments from work? I tried but I get an error message.
Pop up ads, ATL? I'm done with this blog.
Pop up ads, ATL? I'm done with this blog.
Comment removed by moderator.
25 - ha! Are you kidding? Which PR firm are you working for? Someone forward the memo please. I've also been "transitioned" out - so I don't have access to the damn thing.
25. WH admin.
25 = 3rd year marketing person at WH.
Risk/benefit analysis people. Do it. If you care about people on ATL knowing how awful WH is so much so that you'd risk your job to get the info out there, you should probably pray you get fired and get out. Who the hell wants to work somewhere that you would actually risk getting fired just to let people know what a terrible place it is to work?
WH once represented a toxic polluter that killed kids with cancer. The story was turned into a movie staring John Travolta and Robert Duvall as the underdog plaintiffs' lawyer and seasoned Partner Emeritus respectively. This was the nadir of WH's power.
25 - I think you mean "amusing" rather than "bemusing."
The only way to settle the debate over the memo's tone is for someone to forward to ATL.
37 - there is no true debate, only a false debate created by WH PR.
Big Law associates should form a union.
I just reread the memo - it's on the internal firm website under managing partner update archives. It's not horrible - it's not like it says people will be fired. But it's stern...
25, are you that worried about your job? Geez, I thought evolution gave man a spine.
Big Law associates are soulless drones. Many of your firms work to break up unions.
Dollars to doughnuts this memo no longer exists in any electronic form at WH.
"It was bemusing water cooler fodder for a couple days, and I haven't heard it brought up since."
Perhaps because people are too scared to bring it up?
8 = David Lat.
It is true. I was fired for giving to ATL. It was stupid. I should not have done it.
39, just wait 'til Card-Check becomes law. Unless of course it has some carveout for the employees of Democrat-donating law partnerships.
How bad are things at WilmerHale? Any big clients or important partners starting to leave yet? They are one of the many second tier firms that may not survive this recession.
47 - WH is a victim of its own success and well-connectedness. It has lost a number of people to the Obama Administration.
45 - So it's true? Or are you just a troll?
45, how did you get caught? Did you use your WH email account?
I will say WH has hit a bit of a rough spot. Multiple practice groups have slowed up somewhat since last year. I understand the firm not wanting that to get out, even though most other firms are going through the same thing.
The memo specifically stated not to mention any and all internal happenings to abovethelaw.com. It stated "...our integrity is souly based upon not how our clients perceive us, but how the external legal world views us as a whole. Abovethelaw.com is a new reality in the close-knit legal profession, and every member of our esteemed team should be aware that our reputation depends on Elie Mystal."
45 is a troll, don't feed him/her.
52: I think you meant solely. Learn to spell.
I'm calling B.S. on everyone. It is inconceivable that said memo exists but has not made its way onto the Internets. For all of you claiming that you were "transitioned out," how is it possible that you saw the memo and didn't scan it and send it to your Gmail or copy it to a USB drive? You couldn't even photocopy it?
Unbelievable. You are all liars or you deserved to be let go because you are utterly lacking when it comes to common sense.
[Note to key-log-reviewers at my firm: Don't even try. I follow my own advice; I already have way more than you want me to have].
"But we have to wonder why the folks at WilmerHale, as well as certain other firms, strive so mightily to keep people in the dark about what’s going on in their workplaces. Well-run institutions shouldn’t be afraid of a little added transparency."
Nobody strives to keep people in the dark about life at their firm, it's just no one gives a shit. I could care less what happens at WH. If a huge deal or case happens at WH it's not like ATL reports on that. ATL's version of "keeping in the dark" is not disclosing negative aspects of the firm, therefore, firms are smart to caution against any information sent to ATL because it will become twisted by the editors and the completely dipshit commenters creating rumors out of thin air when they're really in bumfuck Ohio as a 2L at Case Western.
56 - You haven't been reading this site for very long. During 2006 - 2007, ATL reported constantly on positive news (e.g., pay raises, "special" bonuses, new perks, expanded maternity leave, etc.).
57, hence the memo coming out a couple of month's ago which corresponds with ATL 's shift whereby 97% of the time (when reporting on a firm) they report "news" in a negative light. It's not that what ATL reports is necessarily false, but the editors (especially Mystal) seem to have nothing but utter contempt for the profession. A lot of the shit Mystal posts is pure conjecture and turns out to be completely overstated bullshit.
-56
@57 -
If your definition of "reported constantly" is "attempted to concoct widespread hysteria to further escalate associate starting salaries to unsustainable levels that, in the end, resulted in the massive bloodbath of lay-offs, dissolution, bankruptcy, and panic-stricken associates," then I agree.
-Not 56
59 - That was funny. Thank you for making me laugh as I toil away.
59, your sense of ATL's importance in the profession is almost as exaggerated as Lat & Mystal's.
I am a current Wilmer associate, and I am writing this post from my work computer. But I don't care if the firm monitors my communications. I am not afraid to say that I am very happy here. I am not scared that people will find out that this firm gives associates great work and is committed to work/life balance. That the partners really care about the associates. That this a great firm to join I am very happy here. Its true, and I don't care if firm management finds out about it or discovers that I said these things.
Current Wilmer Associate.
28, I thought you were done with this blog? You changed your mind that quickly?
59 = comment of the year.
In all honesty, Lat is a person who failed at the legal profession and is now nothing more than a parasitic f****t. He harms the profession and stirs up trouble all so that placement firms can get more business.
Lat, you a-hole, when are you going to post a poll asking us whether YOU are responsible for much of the current problems with biglaw?
Ropes & Gray would never do this.
64 - If you don't like ATL, then don't read it. If the site has influence (which I personally think is exaggerated), it is only because people read it.
I'm a current WH 5th year associate in litigation. I'm glad to have a job, even though this firm really sucks. Almost all associates hate the place. They're afraid to even discuss things at home with other associates. Ratting on fellow associates is viewed as a way to get ahead, so everyone is scared shitless. I wish I had gone to almost any other law firm, but that's water over the dam. I've got too much time invested in this place to leave or consider other options. I hate coming to work. I hate my life. I hate this place, but I've got bills to pay and kids to feed.
67 = Every Associate. Period.
54 - Learn to appreciate parody.
62 - uh, WilmerHale is not commited to work-life balance. It was a few years ago, but is no longer. I'm willing to bet if you ask the summer classes for the last 2 years they will not have been told that WilmerHale is a work-life-balance firm.
The truth is that WilmerHale has some amazing attorneys, amazing cases, and overall some amazing people. I honestly cannot complain about the legal experience I've received. But wow, there are some insecure partners who sometimes create a toxic environment by mistreating secretaries and associates. Someone above mentioned vice chair of IP in NY. How about vice chair of litigation in NY. Talk about toxic.
my manuscript detailing the inner workings at WH just got picked up by a publisher. i worked there for 8 years, and just got laid off in Feb (and banged out the book shortly thereafter). so no worries -- my book will detail everything that went on since 2001, including stuff related to the merger. this is a tell-all expose and will be very interesting -- trust me -- and will be anonymously published.
1st amendment, baby!
WilmerHale is pleased to announce that Kim Jong-il has joined the firm as co-head of PR. With a broad background in single-party states—focusing on cult of personality, illegal nuclear facilities, state sponsoring of terrorism, weapons of mass destruction, general freedom of speech issues and press counseling—Mr. Kim Jong-il is a valuable addition to the firm’s Censorship practice, supporting its plans for significant growth.
“We are very pleased that Kim Jong-il has joined the firm. He brings to us deep experience and keen insight into effective censorship and concrete and barbed wire fence,” said William F. Lee, Co-Managing Partner, who is heading up the firm's Censorship practice and is also the co-chair of the firm’s PR Strategy Group.
Mr. Kim Jong-il joins WilmerHale from Pyongyang. His practice focuses on effective communication and kidnapping of Japanese citizens. He has acted as de facto head of state and Chairman of the National Defence Commission of North Korea. Mr. Kim Jong-il has extensive experience in scare tactics and spreading misleading information. In addition, Mr. Kim Jong-il has successfully silenced, jailed and tortured numerous of dissidents.
To learn more about WilmerHale's innovative communication and PR efforts, please click here.
WilmerHale could use some savvy public relations representation, since it is obvious that no one in charge there has a clue that its Stalinist yet ineffectual memo and related comment to ATL (feeder to the ABA J., the WSJ Law Blog, and others) are highly damaging to the Firm on multiple levels.
Or, perhaps this is simply the Darwinist way that things get sorted out in a tough environment (economy)?
As federal magistrate Steele Langford once intoned to me with a rather sadistic and forced simile: “Some people never learn.” (The district court judge later sua sponte overturned Langford’s ruling, but the cruel truth of it remains.)
WilmerHale just does not get it, on any level.
71 - Uh, that doesn't sound like a bestseller in the making....
I know who wrote post 67. I will be speaking firm management about this breach.
62
WH once represented a toxic polluter that killed kids with cancer. The story was turned into a movie staring John Travolta and Robert Duvall as the underdog plaintiffs' lawyer and seasoned Partner Emeritus respectively.
76 - We know, since you posted that at 35 already.
(It was Hale and Dorr back then, before the merger with Wilmer Cutler.)
74 -- yes it is. it's gonna be framed as a story of an ivy-educated associate at a "top dc law firm" -- it won't mentioned WH by name, but everyone will know what firm it's based on.
Sounds like a violation of Section 7 to me.
Sounds like a zzzzzzzzzzzzzz to me.
I can say, and I am responsible for what I am saying, that the associates have started to commit suicide under the walls of Wilmer Hale. We will encourage them to commit more suicides quickly.
Have a confidential time. All the time.
If I were a client, I would definitely want to hire associates who leak internal documents to ATL to work for me - yup I definitely would. In fact, I'd write down all the firms that have had documents appear on ATL and hire all of those firms to do my confidential legal work.
I simply cannot fathom why a firm would want to stop associates from sending confidential documents to ATL. The nerve.
I find the desire for secrecy re the inner workings law firms to be fairly disgusting. You run a firm. Run it in a such a fashion that you are not embarrassed or ashamed when those internal dealings come to light.
A good rule of thumb, imparted to me by my parents - and many other folks along the way - was that, in your professional dealings, you should never do anything that you wouldn't want others to know about.
It's common sense that certain discussions are necessarily confidential. But we are not talking about sensitive information on a case or client. We're talking about firm HR policies. And firm HR polices are not - in my view - sensitive or confidential matters. These are the sorts of things that you should expect to filter out to the world. And if a firm feels that such information is embarrassing or portrays them in a less than ideal light, then perhaps its because they really are a less than ideal firm.
For the record, I'm a mid-level associate at Boies Schiller. And yes, the firm does have a "sleep or win" mentality. And yes, the hours are insane. But I can say with a straight face that this place is top-notch, above-board, and would never circulate a ridiculous memo about ATL's impact on our reputation.
Let the sun shine in. If you're not handling your business in a reputable way, then fix it.
84 - I'm glad to live in a world where mid-level associates 3-4 years out of law school get to decide which documents will be confidential and which are "unimportant HR policies." Awesome rule of thumb. Your parents raised you well.
Interesting comments, and interesting blog. But as an IT person myself, I feel compelled to comment about your swipe at the IT people at WilmerHale, which I think is misguided. Why do you assume that they are not doing any real work, and why do you assume that they would be the ones performing the witch hunt? I used to know a person who was working in the security department of a large bank, doing what you could describe as witch hunting - using a set of tools to monitor the communications and online activity of ALL employees (IT people included). This included scanning and reading other people's emails, attachments, online activity, etc. From hearing this person talk about her colleagues, I was left with the impression that the only requirements for the job were the ability to operate a mouse and the personality and willingness for doing that sort of work - "skills" that are not exclusive to IT people. And this was 8 years ago.
I quite agree with most of your other comments about WilmerHale, and I like the moral of your story, but I have the feeling that you're making false assumptions that I cannot interpret as anything but a poor attempt at humor that stems from a misconception about IT people. and no, no hard feelings, thanks for keeping up this blog.
Regards,
Anonymous IT person too lazy to register and login.
Having been an associate ( ahem, ' counsel" ) at the predecessor firm hale & dorr, I can tell you the place sucked toadstools. More self-conscious of its public and peer image than many other firms, H&D was a champion at feeding the associates and staff b.s., we were the high-priced mushrooms, after all, we got esp good b.s. LMAO I left and made partner at another firm, where now I am the one who gets to shit on our "counsel" bwahaha. I learned how at the feet tof he very best. Thank you H&D!
I think 84 is right on the mark. As a law student, its hard to get the real scoop on firms--- to find out what its really like inside. Firms do everything to hide that from you until you get there. Sure, maybe partners dont like when this info gets out, but it is helpful for prospective associates.
Not that we're in much of a position to be selective right now...
86 - I don't read the post as saying anything about Wilmer's IT people. The part of the post you are talking about refers to a hypothetical law firm that monitors all online activity (which hopefully is not WH):
"[I]f your firm monitors everything you do on it — using a key capture program to every keystroke you type, then reviewing said keystrokes — your firm probably isn’t a very nice place to work (and needs more real work for its IT people, so they don’t have time for cyber-witch hunts)."
83 - Most Biglaw clients are large corporations with public disclosure obligations. They operate with a high degree of transparency and are not afraid of discussing their internal affairs (e.g., how many people they lay off - public companies even issue press releases about the size of their layoffs). I do not think such companies would have a problem with a law firm that runs itself transparently too.
Questions:
64, what's a "f****t"? Fruitt? Filbrt? I'm dying to know.
71, based on your 8 years experience in BigLaw, please, enlighten me: how, exactly, will the 1st Amendment protect your novel about WH?
One word: WinSSton
Latham encourages its HR to lie to ATL. Which one is better.
Latham NY laid of 45% of its associates not based on performance, but based on who is the biggest suckup and has family connections. Fall out of top 25, rats of new york.
2nd year WH associate here. This "memo," which actually was a Managing Partner Update (sort of like a weekly column from the two MPs), was really more along the lines of "we hope you will use better judgment than to send minutes from an internal Associates' Committee meeting to Above the Law" than it was threatening. There is no witchhunt and it was never implied that people caught sending things in would be fired. This is not a continuing source of controversy at the firm. Everything 25 says about it is correct.
Also.... this happened in July, I believe. It is news how?? ATL loves all the bonehead commenters to latch on to something like this and make it sound like there's a conspiracy going on.
Cue the accusations that I work in PR or recruiting for the firm.
Ugh. This is finally it; I'm done with this blog.
a) it's a lawfirm - they're all the same.
b) this blog takes itself way too seriously
c) this blog induces more unnecessary, navel gazing, negative commentary than a prom queen dumped for the president of the math club.
I'm out.
94,
2nd year WH partner?
WHY IS THIS MEMO STILL NOT POSTED ON ATL?
What I want to know is why ATL waited until now to do the WH open thread that was requested in July? Slow news day?
97: Memo is not posted because it is marked for internal distribution only - no one wants to risk their job by posting it. I sure won't.
The beatings will continue until morale improves.
--The Management
Just post it, sissy.
Wow, this is a coincidence. I just found out I'm being sent to Boston for depostitions at WH's offices (I guess opposing counsel arranged with them to use their conference rooms). My week was crazy enough, so I'm pretty bummed about this. The silver lining is that I'll be there long enough to have two or three dinners, so I'm hoping I can get something good. Does anyone have any recommendations, nothing too fancy but nothing too cheap (maybe some steak or poultry or seafood)? Thanks in advance :-)
--Bound for Boston
WilmerHale is the firm from A Civil Action? I am surprised that the movie didn't shave them out of existence. Are they the firm where the partner representing the bad guys would eat lunch in the basement every day?
Anyone out of law school who went to this law firm and is now miserable is getting what they deserve.
101 = Jew
94--
There is a conspiracy--commenters just generally think of the trees instead of the forest.
BigLaws do not cause the conspiracy, they are the symptom. The legal "profession" has degenerated into a self-dealing, reprehensible anti-meritocracy that privileges self-important idle FTT hacks over productive attorneys. The principal criterion for success has become whether you have two commas in your bank account compliments of daddy.
FTTs have killed the legal profession and have enabled the criminal cult enterprise that caused the collapse of the American economy. Just google "Vincent & Elkins," "Kirkland and Ellis," and "Enron" if you don't believe me.
89 - you're right, I misread, that comment is referring to IT people in general, which makes it even more out of place in my opinion. tnks for pointing this out.
Oh what the F ever. Who cares?
Each copy of the memo was individually watermarked so that WH knows which associate forward/scans the memo. The watermark appears on any copy of said memo. The mark is quite small.
No, 103, I'm not Jewish, but I'm open to kosher food if you have any good recommentations. Thanks!
--Bound for Boston
It is my firmest belief that Wilmer Hale has acted in a socially undesirable manner. My administration believes in transparency and Wilmer has embraced opacity in a clear attempt to cut its workers off from the shining light and electronic brotherhood of the internet. In doing so, Wilmer has embraced the failed policies of my predecessor -- which we all agree cannot be good. My administration will reach out immediately to the Wilmer regime in an attempt to free its workers from the restrictive ban placed on their ability to post information.
In summation, I do not support this attempt to isolate the Wilmer workers and will take all necessary steps to lift the iron curtain of tyranny that has descended over these unfortunate people.
Barack x.
It is my firmest belief that Wilmer Hale has acted in a socially undesirable manner. My administration believes in transparency and Wilmer has embraced opacity in a clear attempt to cut its workers off from the shining light and electronic brotherhood of the internet. In doing so, Wilmer has embraced the failed policies of my predecessor -- which we all agree cannot be good. My administration will reach out immediately to the Wilmer regime in an attempt to free its workers from the restrictive ban placed on their ability to post information.
In summation, I do not support this attempt to isolate the Wilmer workers and will take all necessary steps to lift the iron curtain of tyranny that has descended over these unfortunate people.
Barack x.
It is my firmest belief that Wilmer Hale has acted in a socially undesirable manner. My administration believes in transparency and Wilmer has embraced opacity in a clear attempt to cut its workers off from the shining light and electronic brotherhood of the internet. In doing so, Wilmer has embraced the failed policies of my predecessor -- which we all agree cannot be good. My administration will reach out immediately to the Wilmer regime in an attempt to free its workers from the restrictive ban placed on their ability to post information.
In summation, I do not support this attempt to isolate the Wilmer workers and will take all necessary steps to lift the iron curtain of tyranny that has descended over these unfortunate people.
Barack x.
It is my firmest belief that Wilmer Hale has acted in a socially undesirable manner. My administration believes in transparency and Wilmer has embraced opacity in a clear attempt to cut its workers off from the shining light and electronic brotherhood of the internet. In doing so, Wilmer has embraced the failed policies of my predecessor -- which we all agree cannot be good. My administration will reach out immediately to the Wilmer regime in an attempt to free its workers from the restrictive ban placed on their ability to post information.
In summation, I do not support this attempt to isolate the Wilmer workers and will take all necessary steps to lift the iron curtain of tyranny that has descended over these unfortunate people.
Barack x.
Where's Wilma Hail? Toronto?
I have it from a good source that Wilmer Hale bases all of their management decisions on how they will be perceived by ATL. In fact, after the merger, the partnerships voted to go by "Wilmer Hale" because they were afraid of being called "Wilmer CuTTTler."
Either 107 is right (WH has individually watermarked each copy of the memo and is therefore an asinine firm of incredible proportions) or everyone at WH is a complete and total wuss.
Or just copy/paste the damn thing while you're at home.
107 - for gods sake it's a law firm not a branch of the CIA. All this law firm secrecy is getting out of hand. Wilmer, if you can't stand the heat, get out of the kitchen!
101,
Check out Kingfish Hall in Faneuil Hall/Quincy Market, Meritage along the waterfront, or my fave in the North End, Trattoria Di Monica.
My law firm basically announced that the associates would be told nothing in the future due to leaks to ATL. Since then, we've heard nothing from management as offices routinely go empty without a word from the occupant.
WH 3rd year associate in Boston here. I'll not pretend to speak for anyone else, but speaking for myself, I am quite happy with the firm in general and with my job in particular. I genuinely like the people that I work with, I generally enjoy the work that I do, and I can't imagine having a better overall experience at any other comparable big firm.
I have a lot of faith in management and I think the firm is very well-run. I'm sure I'll get called names and be accused of being a PR rep for saying this, but I agree with the "don't blab internal memos to outsiders" policy. The firm is about as transparent as it gets (internally, obviously). I appreciate the regular updates on firm performance, plans, goals, etc. If internal memos/info were leaked to ATL on a regular basis, I think it's safe to assume that the end result would be tighter controls on the info (i.e., less info for the associates). Again, speaking for myself, that's the reason I don't post info, not because I'm such a scared moron that I think WH is somehow tracking my posts even from my home computer.
101: try http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=pier&sll=42.364834,-71.047522&sspn=0.002247,0.003648&ie=UTF8&radius=0.09&rq=1&ev=zi&hq=pier&hnear=&ll=42.364807,-71.047259&spn=0.002247,0.003648&z=18
Basically go to the wharf, keep walking until you get to that spot and don't forget to wear your concrete shoes.
You may want to install a keylogger detector. YMMV. I found it very illuminating running a detector from a USB drive. Can say the same holds true for 2 of 5 of my classmates' firms.
http://keylogger-detector.en.softonic.com/
I don't blame any firm for firing an associate who tips ATL. The firm's business is private. Any other business would do the same thing. Whistle blowing is one thing, but gossip is another.
I was told to eat my copy of the memo after I read it. It was tasty.
If only Alan Hale were alive today to see what became of his firm. The ship is lost.
Many hours after this post was first published, this thread contains nothing substantive or interesting. What a waste of a post.
WH sucks soo hard! It's a total shitfest--anyone who goest here couldn't get a job anywhere...cept maybe Cadwalader..... Everyone there is MISERABLE. And fuck them and their attempts to silence associates...and their fuckin' associates are a bunch of poons for not posting that memo....SHOW US THE MEMO, BITCHES!!!
Ropes & Gray is way too classy to ever do anything like this.
I just want to echo the view that ATL has sensationalized the contents of the memo. It basically said that people should not leak confidential information, which of course is reasonable.
The real story--which ATL has missed in this story--is that apparently someone was fired minutes after forwarding the confidential minutes of the associates' meeting to ATL. That is the real scare tactic, not the related memo from management. I found out about this firing in ATL's comments threads, so perhaps they decided not to mention it in the story because it could not be confirmed. But still, it should at least have been mentioned.
128-- ECHO THIS, YOU WANKER!!!
IF ATL HAS INDEED SENSATIONALIZED THE CONTENTS OF THE MEMO, POST THE MEMO, POONFACE!!!
WE'LL DECIDE FOR OURSELVES!!!
JUST POST THAT MEMO, BIATCH!!!!
I'LL MAKE IT EASY: YOU CAN JUST JUST DROP IT OFF AT ELIE'S OFFICE ON MOTT STREET. AIN'T NO THANG!!!! NO ONE'S GONNA SEE YOU -- JUST PRETEND YOUR GRABBIN' SOME MEAT BALLZ AT GITANE, POONY!!!!
25 here. Would wager that ATL already has the memo and is too embarrassed to post it because they realize that it's a complete non-story. Seriously. Frankly, I think the best thing WH can do at this point is to just forward the memo to ATL themselves so that everyone can see it. It's seriously the most benign corporate-speak you can imagine. How ATL has made a story out of this is beyond me.
YAH!! Go ATL!! Don't take sh$* sitting down. Fire back...
My favorite part of the whole story...WH can should be able to figure out who #1 is...
I am the general counsel of a large multinational that has engaged WH and its predecessor firms on many matters around the world. 2009 will be the last year this firm performs any work for us, as thanks to ATL I no longer have any confidence in either its management's or lawyers' judgment. Specifically, it is reprehensible for ASSociates to air their dirty laundry in public, and shows a profound lack of gratitude to the hand that alternatively feeds and slaps them senseless. This is BigLaw, and you should have been fully aware of what would happen when you chose this career path. It is also disturbing that the partners, rather than allowing this to fade away into nothing like yesterday's news, instead decided to react with what seems to be a poorly written attempt to cow its ASSociates into further submission. I will now begin transitioning open matters over to a firm with a firmer esprit de corp and more sensible management that manages through sounder judgment to stay firmly out of ATL's crosshairs, Cleary Gottlieb springs to mind. Farewell WH. and many thanks for revealing this firm's inadequacies ATL.
Just wanted to say thanks to ATL for concisely listing the more anonymous ways that I can send in tips. I, like many others, have been paranoid about "getting caught" in the past.
WilmerHale has some hot lawyer barbies, I'll say that much for them.
133 has an interesting point (despite not actually being a client, because if 135 were a client, s/he would base hiring decisions on quality, not ATL), why don't we ever hear about Cleary or Cravath on this website? Are they paying the editors of ATL ot keep them off the site?
136,
We hear about those firms when there is real news about them (even when it is not necessarily flattering, e.g. half-Skadden bonus). Those firms haven't generated a lot of recent news because they haven't engaged in round after round of layoffs, and haven't pissed off a bunch of associates with salary freezes or cuts. I hate to use PE terms, but non-peer firms are less stable and thus are having to make changes which inevitably end up on this site. If a firm like Cravath suddenly rescinded offers or eliminated clerkship bonuses, it would be on ATL.
This story sounds like a bunch of BS. I know of other firms that have warned their employees about posting on ATL about layoffs, salary cuts and state of the firm, but few have done it in writing, especially when the memo could be forwarded to ATL.
And what does a "please don't share confidential information with the media" (used loosely b/c this is a blog that sensationalizes just about every water cooler tidbit) tell a summer associate about the atmosphere of a firm, anyway?
Meeting minutes were leaked. Someone wasn't talking about them on the Acela.
We need to bomb China back to the stoneage!
-DOJ Secure
A friend was recently part of a stealth layoff. The severance was not too bad (gave her 3 months w/ pay to find a new job) and the firm genuinely tried to help her find a new job. However, the firm did tell her that any mention to ATL or others that the firm was engaged in any type of layoffs would result her losing her "severance" package. I'm willing to bet that there are others in similar situations.
Spot on 127. Ropes would never do this. Way way too classy.
I'm a Wilmer 3rd year and agree with the other Wilmer associates here that this entire "scandal" is ridiculous. The firm overall is fantastic place to work (with the usual BigLaw caveats), and even if management needs some help in the CorpComm department from time to time, I think the email they sent around was entirely appropriate.
If anything this tempest in a teapot is a lesson to Wilmer and to all firms that internal management communications to associates are best conveyed in person at class-level meetings. Doing so will (a) keep management away from CorpComm lines that don't pass the "laugh test"; (b) help associates understand what's happening; and (c) make it significantly more difficult as both a practical and psychological matter for "leaks" to occur.
Overall, I'm just thrilled that this firm has been managed well enough to prevent the massive bloodletting we've seen elsewhere. Summer associates who base their decisions on unsourced or anonymous ATL gossip should go elsewhere, for everyone's benefit.
137: Not sure I agree with your reasoning. ATL certainly has a bug up its butt about certain firms (Cadwalader comes to mind) and tends to blow up minutiae from these members of the ATL "hit list". I'm pretty sure there are many worse things going on at the "favored" firms that goes unreported by ATL..
141 - Agreed. I know several people at my old firm were forced to sign those severance agreements before receiving a check. That alone is going to keep a lot of people from talking.
144 - Yeah, I'd definitely like to know what my old firm did to keep themselves off of this site - particularly when some of their competitors have made it on here multiple times.
WHAT ABOUT THE PERSON WHO GOT FIRED FOR FORWARDING THIS MEMO TO ATL??? WHY DIDN'T ATL SAY ANYTHING ABOUT THAT PERSON? ISN'T THAT A MUCH BIGGER DEAL THAN THE MEMO ITSELF???
Why hasn't someone retyped the memo from a home computer and sent the clean, untraceable memo to a friend in Switzerland who passes it by mule over the alps into Italy where it is translated into Latin before being sailed across the Mediterranean to Greece where it is translated into Greek and given to a Greek Orthodox priest who will hide it in a bag of diamonds before it is shipped to New York where it will be passed by bike messenger to a nondescript man sitting at a coffee shop who will fold it into his newspaper before walking back to the ATL offices where it will be translated back to English.
AND HOW COULD EVEN THAT PERSON POSSIBLY BE A BIGGER DEAL THAN THE SUMMERS NO-OFFERED BY MAYER BROWN?????
I wonder if WH gave their assocaites a quota for posting favorable messages here? Just wondering, since only dipshits work at WH anyway.
107 here. If anyone believed that, I have a bridge I want to sell you.
"smart firms communicate openly about their operations, to reduce the rumor-mongering and anxiety"
Hear that, Jones Day?
147: because there's no way anybody at the ATL office could translate it back into English.
No one is talking about the person that got fired because it is not as clear cut as has been recounted. The firm accused the associate of something unrelated to leaking the internal memo, and fired him for that. Seriously - we are talking about WH here - they might suck, but they aren't idiots. They aren't going to state this as the reason for a firing. Anyway, apparently the firm accused this person of harassing another associate, and then used the leak as an "oh and by the way..."
149: YOU, sir, are the dipshit.
153--but wasn't that person fired just minutes after bragging about how he/she had forwarded the minutes to ATL? if so, that's pretty clear-cut
155 - He bragged over a weekend at a party to a group of associates - apparently while drinking - because seriously - why else would you be so stupid otherwise. He was fired the following week. He sat on my floor - so I saw the whole fiasco.
And for the conspiracy theorists - the memo is real. I'm an associate still employed - and would not even CONSIDER posting that thing. Not after watching security escort my colleague out.
147 FTW!
How in God's name has this memo not been leaked yet?
The firm overall is fantastic place to work. Simply fantastic.
This begs the question--is Latham a better place to work or WilmerHale?
Kirkland also did this type of scare memo...a few weeks before they laid off 40% of corporate associates in NY
AutoAdmit calculated that WilmerHale lost 65% of its associates in the last 6 months.
http://www.xoxohth.com/thread.php?thread_id=1105017&mc=2&forum_id=2
162 -- that's because they created the "senior associate" title in 2009 for 4th-6th year attorneys. If someone is just counting "associates" (like AutoAdmit) that only picks up 1st, 2nd and 3rd years. '08 "associates" vs '09 "associates" is an apples-to-oranges comparison.
I guess the folks on this board are too young to remember the former Wilmer Cutler & Pickering. What ruined it, several years before it merged with a non-peer firm, was frankly two things: (a) lateral partners from the agencies who wanted the prestige of an intellectual firm but who also wanted to sell that brand to the highest bidder to make up for years of government pay -- and who found willing accomplices among some homegrown partners; (b) the lowering of standards for associates to support the expansion demanded by those new partners. Primarily the latter, actually. There is a difference between Yale/Harvard and GW, and the proof is in the current stupidity shown by both associates and management in this incident.
geez, here's the g-d memo
July 21, 2009 | Each year, we present a "State of the Firm" to all
lawyers and staff in which we describe our financial performance, our
progress against our plans and our goals for the next year. We then
provide monthly updates to the partners and counsel and meet with
associates in smaller groups and collectively for the same purpose. As
we have said during these presentations, we believe it is important
that the larger firm community knows how we are doing and where we are
going. We have chosen to communicate much more financial and strategic
information than do many other firms for just this reason. And, while
much of this information is confidential, we have always trusted the
firm community to treat it as such.
We regularly communicate with associates through the Associate
Communication Task Forces. These groups of elected associates meet
regularly with management to ensure an open and candid exchange of
information. The meetings not only allow management to provide
information on the progress of the firm and other initiatives, but,
more importantly, allow the associate representatives to ask any
question they have. The results of the meetings are reduced to notes
that are then circulated to all associates in the relevant office or
group. Of course, these notes often contain confidential information.
But, again, we have always trusted in our community members to act in
the best interests of the firm.
Recently, and for the first time, someone at the firm decided to
forward the notes to the outside media, which published them. This
clearly was not what we intended or expected. The notes were and are
written for those who are part of the firm today and who understand
the content of the notes in light of their experiences on a daily
basis at the firm. The minutes are also direct and candid, as you
would expect a confidential document to be. Without context, the notes
have much less meaning, and there is little benefit that could ever
result from such a breach of confidentiality.
We continue to believe that we must and should communicate broadly
with the firm community. And, we will. We also recognize that, with
near unanimity, you each have respected our commitment to the
confidentiality of firm business and matters. This recent event,
however, leads us to reiterate what almost everyone knows. We each
have an obligation to the institution of WilmerHale, and we each have
an obligation to protect the confidentiality of information provided
to us. That this is true has been obvious to many. We hope it will be
for all.
The biggest reason I don't want to work at WilmerHale is that, apparently, their associates are complete morons. Would it have been that hard to print the memo, scan it and send it to ATL from another address?
Shove your head up your ass, 164!
166: don't worry - you would never get an offer
164 stop being so full of yourself - we legacy HD associates know who carries the weight of the firm...
Why did this die down after the memo was posted?
Assuming the text of the memo above is correct, there is nothing untoward about it. It seems Lat and ATL have a "thing" against Wilmer Cutler Pickering Hale and Dorr. The anonymity of the web is abused by many. An opportunity for Walter Mitty types to strut their flacid egos.
Wow, I can see why ATL made a big deal of this memo..... it's so menacing!!
What an embarrassing attempt to gin up news.
Embarrassing.
That memo in 164 is accurate.
The person who got fired was a general jackass, as anyone who talked to him for 10 minutes could tell, and the firm is better off without him. He not only leaked stuff (the memo and other information) to ATL, he bragged about it to associates and summer associates. He also bragged about being "good friends" with one of the ATL editors and offered to get the ATL team to come hang out with WH people in Boston. As another example of his general douchiness, he gave a summer associate a bad review after telling her he'd give her a good review; this of course was totally unrelated to the fact that she'd turned him down for a date.
I don't blame ATL for posting this thread--many people did request it (although that was three months ago)--but I'm glad to see the comments are, for one, on topic and surprisingly reasonable about this whole thing. I hope anyone judging the firm is as well.
Memo is right. 3 months ago alot of people were let go from the firm and others were worried about losing their jobs -- that probably fueled the comments.
WH is not a bad place to work as law firms go. But, I do want to say thank you #70 for telling management and the world that the NY Vice Chair of LItigation is a toxic force in the office. Now if only they'd listen.
So it appears the entire reason for ATL starting this muckraking thread was to gin up excitement for the "call-in" show Lat is doing on "the importance of firm transparency" tomorrow, per this afternoon's non sequiturs. http://abovethelaw.com/2009/10/non-sequiturs_101409.php
What does transparency within a firm have to do with transparency to ATL? Transparency is important for employee retention, but Lat is not an employee of WH or any other firm.
THAT'S IT??? That's the juicy memo that instigated ATL's self-righteous indignance?? Lat and Elie, you are really terrible. You should be fired. I hope a competitor blog makes you lose your jobs.
btw another sign that you two suck is that you didn't mention ANYTHING about the fired associate. Even if it wasn't a bad decision to fire him, you should have posted the story. Jesus, this blog is so bad!
This memo is a complete non-event. The only scandal here is that Lat has decided to start a smear campaign against Wilmer to retaliate for the firing of one of his buddies, without disclosing this obvious conflict of interest. The fact that ATL decided to run with this stroy, without even having seen the memo shows what a rag this blog is, but running this story without disclosing the conflict is flat out misleading and unethical. A new low guys, nice work.
177, where did you hear that Lat's buddy was fired by WH? Are you sure of it?
Anyway, this whole post is such BS. Does Lat really expect law firms to be transparent with respect to confidential communications to employees? Such BS.
WOW, WILMER IS A REAL POONHOUSE!!!
WHO SAYS "OUR PROGRESS AGAINST OUR PLANS"??? LOSER POONHOUSE!!!!
AND THIS BULLSHIP POONHOUSE IS TRYING TO CONVINCE US THAT "WITHOUT CONTEXT" WE COULDN'T POSSIBLY UNDERSTAND THE MEANING NOTES OF THEIR STUPID FUCKING ASSOCIATES' COMMITTEE? OH YEAH, REAL FUCKING DIFFICULT TO UNDERSTAND SOME STUPID FUCKING NOTES FROM SOME BULLSHIT MEETING.
AN OBLIGATION TO "THE INSTITUTION OF WILMERHALE?"
I FEEL NO SUCH THING.
WILMERHALE WOULD SHIT ON MY FACE IF NO ONE WERE WATCHING!!!!
Threatening or discharging employees because they publicize disputes about their working conditions violates Section 8(a)(1) of the National Labor Relations Act. Guadsmark LLC., 344 NLRB 809 (2005), enf'd in relevant part, 475 F.3d 369, 375 (D.C. Cir. 2007); Kinder Care Learning Centers, 299 NLRB 1171 (1991).
Employees discharged in violation of Section 8(a)(1) are entitled to backpay, reinstatement, and posting of a notice to employees detailing the protected nature of the discharged employee's activity and the fact of her reinstatement and backpay.
180, that seems irrelevant since the fired employee publicized a confidential document, not a dispute about his/her working conditions. There's no reason to think that any dispute about working conditions existed in this situation. Or do you have reason to believe otherwise?
spoken as only one who has never participated in an employment-related ediscovery can...
119 - "the firm is about as transparent as it gets"?? Wha?? Were you actually around when Wilmer and Hale & Dorr merged back in 2004? We found out about it from THE NEW YORK TIMES. After the story was leaked, that douchebag Bill Perlstein called an emergency firm-wide meeting to "inform" associates of the news. He started the meeting with, "You may have seen the story in the news this morning. . . ." Again, this was back in 2004. It's gotten much worse since then.