Archive for January 2010

Career Center AboveTheLaw Lateral Link ATL.jpgMany associates are hoping that 2010 will bring an end to the layoffs, pay cuts and deferrals of 2009. But so far January has brought more of the same at several major law firms.
This week, our ATL / Lateral Link survey asks whether you think your firm will institute more layoffs and pay cuts in 2010 or if things are finally on the rebound.  We’ll use the information to update the ATL Career Center and bring you the results next week.

If you have information about your firm that you want to share with other career center users, please email us at careercenter@abovethelaw.com.

Cadwalader Wickersham Taft new logo CWT AboveTheLaw blog.jpgCadwalader conducted layoffs, early and often. Massive, bloody layoffs. Now, Am Law Daily tells us what they won:

Cadwalader, Wickersham & Taft on Tuesday reported a 28 percent increase in profits per partner, the firm’s first positive results since 2007.
Yet while the firm enjoyed a slight increase in net income, some of the increase in its per-partner average earnings appears attributable to a nearly 21 percent loss in the number of equity partners. Gross revenue fell nearly 10 percent, a drop that W. Christopher White, the firm’s chairman, calls “very strong in light of a steep contraction in the finance market.”

I think that there are going to be a lot of stories about firms that conducted massive layoffs who are now experiencing PPP increases.
More details after the jump.

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Morning Docket: 01.20.10

Scott Brown MA Senate.jpg* So Democrats, what do you have to show for your one (and only) year in total control of the government? [Fox News]
* Have you sent in a clerkship application? Do you wonder if the judge even looked at it? [ABA Journal]
* Judge distinguishes alleged David Letterman blackmailer from alleged Tiger Woods concubine. [New York Post]
* Major Foreign Corrupt Practices sting operation. Feels like James Bond should be involved with this somehow. [National Law Journal]
* Child porn viewers are getting reprieves from long prison sentences. [WSJ Law Blog]
* People realize that Avatar is just a movie, right? [New York Times]

conan o'brien.jpgFor the first time in a while, insomniacs are tuning into a late night show that doesn’t star Jon Stewart or Stephen Colbert.
Everyone loves a good fight. The Jay Leno, Conan O’Brien, and NBC squabble may be more entertaining than Triumph the Insult Comic Dog. David Letterman and Jimmy Kimmel have both knocked Leno. Even J-Lo has thrown some punchlines.
The National Law Journal has reported on the lawyers that are part of the fray. Patty Glaser and Kevin Leichter, of Glaser, Weil, Fink, Jacobs, Howard & Shapiro, are in Conan O’Brien’s corner. Meanwhile, NBC has Gibson Dunn slugging away, having retained power partner Scott Edelman.
The fighters have been trying to figure out what the definition of “The Tonight Show” is — if moved to 12:05 a.m., wouldn’t it be the The Early Morning Show? — and who has ownership of O’Brien’s intellectual property. R.I.P., Masturbating Bear?
The contractual issues may be sorted out any second now, according to the Wall Street Journal….

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Non-Sequiturs: 01.19.10

Nic cage knowing.JPG* One can only hope that Nicolas Cage’s financial troubles are behind him and he will therefore stop making absolutely terrible, stab-out-your-eyes-with-a-spoon-because-it-will-hurt-more, bad movies. [Going Concern]
* Be nice to your career services professionals. They’re caught between many masters. [Lawyerist]
* Phone interview tips. Whenever I conduct a phone interview, I always give my dog a pig ear first to keep her quiet. [Law.com]
* All your Gucci are belong to us. [Fashionista]
* According to one survey, law firms “rank[ed] as the second worst business for [last] year, behind wood product manufacturing.” [Dallas Business Journal]
* Satan responds to Pat Robertson, raising possible breach of contract concerns. [Minneapolis Star Tribune]
* If the ABA won’t take its role in accrediting law schools more seriously, who will? [Law Librarian Blog]
* Love > Hate = Blawg Review. [A Public Defender via Blawg Review]

sexual chocolate.jpgThe Supreme Court handed down a tasty opinion [PDF] today. The issues at hand though make for an odd coupling: the death penalty and chocolate genitalia.
In 1993, Marcus Wellons was convicted of the rape and murder of a 15-year-old girl. The jury sentenced him to death.
Apparently the case was a bonding experience for the Georgia judge and jurors. According to the SCOTUS per curiam opinion:

Only after the trial did defense counsel learn that there had been unreported ex parte contacts between the jury and the judge, that jurors and a bailiff had planned a reunion, and that “either during or immediately following the penalty phase, some jury members gave the trial judge chocolate shaped as male genitalia and the bailiff chocolate shaped as female breasts.”

It’s unclear why the jurors gave a chocolate penis and breasts to the judge and bailiff, but the high court is asking the 11th Circuit to reexamine the case as the gifts “raise serious questions concerning the conduct of the trial.”
Justices Scalia, Thomas, Alito and Roberts dissented, apparently feeling nothing raised….

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Ally McBeal female lawyer woman attorney Calista Flockhart.jpgLast week we wrote about an upcoming panel discussion, sponsored by the New York State Bar Association’s Committee on Women in the Law, that generated some controversy. The panel, entitled “Their Point of View: Tips from the Other Side,” was going to feature “[a] distinguished panel of gentlemen from the legal field,” who would opine on “the strengths and weaknesses of women in the areas of communication, negotiation, mediation, arbitration, organization, and women’s overall management of their legal work.”
After some negative reactions, including calls for a boycott, the NYSBA revised the panel title and description. We noted this in an update to our post (added on Friday at 6 PM before the holiday weekend, so some of you may have missed it).
The revised panel, according to the NYSBA, will feature both women and men. The new description of the event led Professor Bridget Crawford to rescind her call for a boycott.
But at least two “distinguished gentlemen” will not be participating in the new and improved panel. Details — plus a READER POLL, and highlighted comments from our last post — after the jump.

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Bryan Cave logo.jpgWay back in November 2008, Bryan Cave became one of the first firms to freeze associate salaries. At the time, the firm said that it was only delaying its planned salary increase by three months. But firms said a lot of things back in 2008 that proved unworkable in 2009.
A tipster reports that the freeze is on again at Bryan Cave for 2010. The firm hasn’t made a formal announcement about it or issued an internal memo, nor has it responded to our multiple requests for comment. But a few people have been informed internally that the freeze is on again for 2010 — and we have not heard from anyone who has had a pay raise so far in the new year. If you have additional information on how widely this “no pay raise” message has been disseminated, let us know at tips@abovethelaw.com.
UPDATE: Although there was no memo, there were meetings at which a continued salary freeze was announced.
But that’s not all. If you look at the full scope of Bryan Cave’s actions, the firm appears to be in some very special company.

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Peter John Peter Q John PTa Mon Thugs Lawyer.jpgLongtime Above the Law readers will be familiar with Peter “P’Ta Mon” John, aka “The Thugs’ Lawyer.” We named him a Lawyer of the Day back in 2007, for his aggressive advertising campaign touting himself as “The Thug’s Lawyer” (along with the catchy slogan, “No Evidence — No Conviction!”). We mentioned him again in 2008, when he started offering a $500 “Expungement Special” (which perhaps the good Professor Jones availed himself of).
Well, Peter John is back in the news again — and not for positive reasons this time. From the Baton Rouge Advocate:

Peter Q. “P’Ta Mon” John, who advertises himself as “The Thugs Lawyer,” was indicted Thursday on charges that he conspired to have attempted murder charges against two local rap music executives dropped….

An East Baton Rouge Parish grand jury Thursday accused John, 39, 11110 Boardwalk Drive, of conspiring with Moore, Demond Eames and Carter to commit perjury in the civil cases and obstruct justice in the criminal case.

In an interview with ATL, Peter John explained his “thugs’ lawyer” ad by saying, “Look, I am close to the streets.” Did he perhaps get too close to the streets?

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drinker biddle logo.jpgIt’s not surprising that Drinker Biddle is moving to a full merit-based pay scale. Back in May, we reported that Drinker Biddle decided to change the nature of the first-year associate experience. We reported that Drinker would turn its associates’ first six months at the firm into an intensive training period. During that time, first years would be paid $105,000 — but clients would be charged reduced rates for any billable work the first years did during that time.
Sources at Drinker Biddle report that the new first year program has been a “tremendous” success, and the firm plans on repeating the program with next year’s incoming class.
On Friday, Drinker Biddle fleshed out the rest of its associate pay scale. Lockstep is a thing of the past, and the firm’s new merit-based system follows the general trend of splitting associates out into different tiers. Tipsters report that Drinker Biddle is now on the following pay scale:

Philadelphia, New Jersey, Delaware and other smaller offices:
Level I: $130k
Level II: $145k
Level III: $165k
Level IV (expected p-ship w/in 24 months): $185k
New York, Chicago, D.C., and California:
Level I: $145k
Level II: $165k
Level III: $185k
Level IV (expected p-ship w/in 24 months): $205k

Most firms have adopted a three-tier system, so Drinker Biddle’s four-tier system — or five tiers, if you count how they are handling first years for their first six months — is an interesting little wrinkle.
What does this mean for associates at the firm? Details and a statement from the firm, after the jump.

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Welcome to Kash

kashmir hill above the law welcome.jpgAs you may know, it’s been an exciting new year at Breaking Media. Here at Above the Law, we’ve decided to ramp up by adding more staff.
Our addition is somebody many of you already know and love. Kashmir Hill is joining the Above the Law team, full time. Kash has been writing for ATL since 2008. But with the glories of a new decade stretching out before us, we needed more Kash, more of the time.
She’s heard it all before, but feel free to give her a warm, ATL-style welcome.
Earlier: Kash In On ATL

mike ghaffary barmaxCa one grand iphone app.jpgOver the holiday weekend, reports came pouring into the ATL inbox about the most expensive iPhone app currently on the market. It costs $1,000 and is aimed at legal types, specifically those who want to be lawyers in California. From PCWorld:

BarMax: California Edition, available now in the iPhone’s App Store for $999.99, is a study guide for the California Bar Exam. Harvard lawyers oversaw development of the app, which weighs in at 1 GB and includes outlines, lectures, a study calendar, and real questions and essays from previous exams. The only comparable app available now is from BarBri, but you must be enrolled in the company’s $3000 to $4000 classes to use most of the features.

According to TechCrunch, the man behind the app is Mike Ghaffary, a JD/MBA ’06 Harvard grad. Ghaffary was just recently admitted to the California bar himself, in December 2009.
He says he came up with the BarMax app idea while studying…

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Sidley Austin new logo Sidley Austin Brown Wood ATL Above the Law blog.jpgOn Friday, we reported on a mystery meeting for all associates at Sidley Austin. We noted that associate salaries — salaries that have been frozen since 2008 — were on the agenda.
So what was the outcome for Sidley associates? Apparently, more confusion. A Sidley tipster reports:

we left the meeting confused. they said we would not slip behind peer firms, which they identified as including Kirkland and Latham. They said starting salary would remain at 160. They said we would be returning to some salary scale (but 2008 not explicitly identified), but there would be some who wouldn’t for performance or hours reasons. no indication as to how many wouldn’t get as big a raise as their peers. We’re all to get individualized emails with more info when things are finalized. I suspect they wanted to have things finalized by today but some things slipped.

What’s the hold-up at Sidley? It really shouldn’t be that confusing to return salaries to market level….

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Morning Docket 01.19.10

carter phillips sidley austin.jpg* Wall Street’s main lobbying arm is lawyering up to fight President Obama’s proposed bank tax. Appellate star Carter G. Phillips of Sidley Austin, a former clerk to Warren Burger, is on the case, though he may try to fight this one out at the Capitol rather than in a courtroom. [Bloomberg]
* The FBI has been breaking the law for years, making up terrorism concerns to justify the investigation of phone records after the fact. [Washington Post]
* A Ropes & Gray-bound lawyer answers questions about opting for the public service deferral. It sounds like Fordham Law grad Chris Reid has already spent more time in court than most fifth-year associates. [City Room/New York Times]
* What does Agent Zero’s guilty plea mean for his contract with the Washington Wizards? [Yahoo Sports]
* There are only three good reasons to go to law school. [Concurring Opinions]

New York Times screaming headline.jpgLegal blogs and trade publications have been writing about “The Death of Big Law” for months. But now it’s official. The patient has been pronounced dead by no less an authority than the New York Times. Who needs the fat lady to sing when the Gray Lady has spoken?
First, a quick caveat. Obviously Biglaw hasn’t “died”; large law firms continue to exist, and they continue to be very profitable. They may have to evolve with changing times, but they are still with us, and they aren’t going anywhere anytime soon. What has died, rather, is a certain version of Biglaw, full of fabulosity, fun and frothiness — think Biglaw, circa 2007. May it rest in peace.
So, on to the article. It appeared in print in yesterday’s Sunday Styles — yes, the Style section, normally the home of wedding announcements and trendspotting pieces (sometimes of questionable validity). Despite its location in a guilty pleasure of a section, however, it’s a solid and hard-hitting piece.
The reporter, Alex Williams, begins by discussing The Deep End, the new ABC show set in a law firm (and previously mocked by Elie). It features associates having tons o’ fun — which makes it ridiculously outdated (assuming it ever was accurate). Williams writes:

“The Deep End” was conceived in 2007, that halcyon era of $160,000 starting salaries and full employment even for law grads who had scored in the 150s on their LSAT’s.

Those days are over. As the profession lurches through its worst slump in decades, with jobs and bonuses cut and internal pressures to perform rising, associates do not just feel as if they are diving into the deep end, but rather, drowning.

As you can tell from this excerpt, the article is stylishly written and fun to read. Although it might not tell regular ATL readers much that will surprise them, it’s a well-reported wrap-up of where things stand now, sure to be appreciated by a general audience. (It’s also much better than the Times’s last major effort to tackle Biglaw as a topic.)
The piece has been at or near the top of the NYT’s “Most E-Mailed” list for a few days now (since it first appeared online well before it showed up yesterday in print). Help it stay on the list by emailing the article to your parents or friends. Or do a good deed, and email it to that cousin of yours who is thinking about going to law school. She’ll thank you later.
Okay, that was a cheap shot — there are legitimate reasons to go to law school. But there are also things about the law, as a profession and as a business, that potential law students ought to know.
Let’s dig deeper into the piece….

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Gerald Ung Gerry Ung Jerry Ung Jerald Ung Temple Law School 3L shooter shooting.jpgMany law students these days are angry and frustrated. If the allegations are true, one has resorted to gun violence (and not just against his casebooks). From Philadelphia’s Fox 29:

A Virginia man is in custody after a weekend shooting in front of Fox 29′s studio in Philadelphia that was caught on camera. Temple University grad student Gerald Ung allegedly shot Villanova graduate Ed DiDonato at 4th and Market Streets early Sunday morning.

According to WPVI, the suspected shooter, Gerald Ung (pictured), is a third-year fourth-year law student at Temple’s Beasley School of Law.
UPDATE (1 PM): Temple has confirmed that Ung, 28, is — or “was,” to use the exact language from the Philadelphia Inquirer article — a law student there.
CORRECTION: Ung is not a 3L, as we originally wrote. Rather, he’s a fourth-year law student in Temple’s evening program.
It is unclear what exactly provoked the shooting, although it appears that Ung and DiDonato were engaged in an argument before the incident. You can see this by watching (somewhat grainy) video footage of the altercation over here. One tipster’s reaction:

This happened in my hometown, which I miss less and less these days. And the [alleged] perp lived three blocks from where I used to live. I wonder if having an appreciation of the law and how much it’s going to run over you makes it any more difficult to sit in jail knowing you’ve done something like this.

UPDATE (2 PM): A different perspective on this incident, after the jump.

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Morning Docket: 01.18.10

Martha Coakley President Barack Obama US Senate race.jpg* The Obama administration extends temporary protected status to Haitian immigrants (a possibility that we discussed here). [New York Times]
* The Massachusetts Senate race between two lawyers, state attorney general Martha Coakley (B.U. Law) and state senator Scott Brown (B.C. Law.), is too close to call; Obama takes the stump for Coakley. [Boston Globe; Associated Press]
* A young lawyer at Stroock is selected by Governor Paterson as the executive director of the New York State Workers’ Compensation Board. [New York Times]
* A federal judge puts the kibosh on one (but not all) of the websites a disgruntled attorney is using to criticize the law firm he used to work for. [NJ.com]
* Washington Wizards point guard Gilbert Arenas pleads guilty to illegal possession of an unlicensed handgun. [CNN]
* A law providing veterans’ benefits to Filipino World War II vets who served under U.S. command comes too late for some. [Associated Press]

martin luther king.jpgToday we remember the birthday of Dr. Martin Luther King Jr., the pioneering civil rights leader. Dr. King’s birthday was actually on January 15th, but the holiday is observed on the third Monday of January each year.

If you’re not at work, we hope that you are enjoying the day off. If you are at work, check in with us from time to time; we are around today (but will be posting less than usual). Feel free to complain in the comments about the evil law firm / partner / client that does not recognize this important holiday.

If you are looking for something to do, we suggest that you use today as an opportunity for public service. You can look up a service project in your area at MLKDay.gov. (A number of today’s service projects are aimed at helping the people of Haiti.)

Happy Martin Luther King Jr. Day!

Martin Luther King, Jr. Day of Service [MLKDay.gov]

This Week in Layoffs: 01.17.10

pink slip layoff notice Above the Law blog.jpgEd. note: Above the Law has teamed up with Law Shucks, which has done excellent work translating all of the layoff news into user-friendly charts and graphs: the Layoff Tracker.
If you thought unemployment and underemployment (which does include people who become discouraged and voluntary stop looking for work) were arbitrary and capricious, you’ll really enjoy the latest explanation from the White House.

The White House has abandoned its controversial method of counting jobs under President Barack Obama’s economic stimulus, making it impossible to track the number of jobs saved or created with the $787 billion in recovery money.

Despite mounting a vigorous defense of its earlier count of more than 640,000 jobs credited to the stimulus, even after numerous errors were identified, the Obama administration now is making it easier to give the stimulus credit for hiring. It’s no longer about counting a job as saved or created; now it’s a matter of counting jobs funded by the stimulus.

That means that any stimulus money used to cover payroll will be included in the jobs credited to the program, including pay raises for existing employees and pay for people who never were in jeopardy of losing their positions.

That lede is a little skewed, though – it was always impossible to track the number of jobs saved or created. The administration just finally realized that, and now the Republicans are going to have to find a new angle of attack after coasting for a year on easy cheap shots against the White House’s unsupportable numbers.

However many jobs the plan saved, created, or funded, unemployment ticked up again slightly last week, but the general trend is still flat or slightly improving.

Similarly, law-firm layoffs have slowed down, although there are still no signs of significant hiring. Developments in that little slice of heaven after the jump.

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Non-Sequiturs: 01.15.10

Google Nexus One smartphone.jpg* Hey law students: Why not donate your Lexis points to Haiti earthquake relief? It’s better than using them for this. [Nuts & Boalts]
* Professor Dave Hoffman reads the fine print in the terms of sale for Nexus One (pictured), the new Google smartphone, and suggests a new slogan for the company: “Don’t be evil. But if you must be evil, be really good at it.” [Concurring Opinions]
* Professor Ann Althouse asks: Is Massachusetts Attorney General Martha Coakley, running for Ted Kennedy’s former Senate seat, “destined to lose”? [Althouse]
* Is Gawker’s “Apple Tablet Scavenger Hunt” illegal? Quite possibly, according to Ben Sheffner. [Slate]
* If the check is in the mail, and if it’s from PricewaterhouseCoopers, beware: it might be fake. [Going Concern]
* A future torts exam hypothetical: “Weight Watchers clinic floor collapses under dieters.” [Telegraph - U.K.]
* If you’ll be in D.C. next Thursday, January 21, come hear Elie Mystal (and others) discuss the legal job market. [D.C. Bar]
* We definitely have balls here at Above the Law. [Twitter]