Biglaw needs to take a page out of the Burger King playbook and adopt a “Have It Your Way” attitude with its general counsel clients, according to a new study. In the words of the ABA Journal:
The recession has driven a power shift that now favors in-house counsel over the law firms they hire, a new report [PDF] has found.
About 75 percent of general counsel and law firm partners said the balance of power now lies with law firm clients, according to the report (PDF). A majority of both groups believe the power shift will be permanent.
We’re hearing more and more often from general counsels about the hot new trend of cutting back drastically on the number of outside firms they work with. The most dramatic example of this came from Levi Strauss, which slimmed its outside legal counsel down to size two.
The report says that 73% of GCs surveyed “admitted to either changing or reducing the number of their external legal advisers as a result of the recession.”
The 13-page report was commissioned by UK-based law firm Eversheds, but looks like it was designed by Barbie — lots of bubbles, and generous use of the color pink. It promises the death of the pyramid law firm structure and the move to “value billing.” It’s pretty, but is it substantive?
Continue reading “General Counsel Flex Their Muscles”
Don’t be misled by the photo — this isn’t another post about Snooki. It’s about Constance McMillen (pictured), a lesbian high schooler who wanted to bring her girlfriend to the high school prom.
(Query from Elie: Is “lesbian high schooler” the politically correct way to say “girls’ hockey team”?)
The Clarion-Ledger reports:
Both sides are claiming victory from a federal judge’s ruling Tuesday on a Mississippi school board’s decision to cancel the prom rather than allow a lesbian student to attend with her girlfriend.
U.S. District Court Judge Glen Davidson denied 18-year-old senior Constance McMillen’s request to reinstate the prom, noting “the court cannot go into the business of planning and overseeing a prom.”
To paraphrase Justice Blackmun: From this day forward, I no longer shall tinker with the machinery of teenage sex.
So if Judge Davidson declined to “so order” a high school prom, how can McMillen claim victory?
Continue reading “You Can Dance If You Want To (Unless You’re a Lesbian)
Judge declines to order school to hold prom.“
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We set up three lawyerly blind dates last week. One got off to a rough start. One shut a restaurant down. And the third… well, our magic 8-ball of love says “reply hazy.”
I set these two up because they’re both over 30, like tonic as a mixer, and listed Ruth Bader Ginsburg as their favorite Supreme Court Justice. Of course, there’s a subtext to that last choice, as both our Courtship Connectors pointed out in their write-ups of the date.
He says he would be a “songwriter/novelist” if he weren’t an attorney, and she says, “if I knew the answer to that, I’d be doing it.” Per his suggestion, I sent them on Thursday night to Lillie’s, on 17th Street near Union Square. He tells me:
First, thanks so much for setting me up…it’s clear that part of your setting me up with [REDACTED] must have been matching two of the most jewish sounding names in the world. ;-)
Well, im happy to tell you that this ATL match went much better than Lat’s attempt.
We met up at the bar and she recognized me first, she’s really sweet (and cute) and we had a lot in common and similar backgrounds. We chatted for over 2 hours and agreed to go out again. i’ll keep you posted. Many thanks!!
Alright. What did she think? Well, for one, she was happy that a male reader of Above the Law didn’t turn out to be an “angry hobbit, d-bag, or socially awkward male legal type…”
Continue reading “ATL Courtship Connection: Lawyers in Love with Lillie’s”
It’s funny how being laid off really puts all of your workplace problems into perspective. The Wall Street Journal reports that more and more men are claiming they are victims of sexual harassment:
Since the start of the recession, a growing number of sexual harassment complaints have come from men. Some 16.4% of all sexual harassment claims—or 2,094 claims—were filed by men in fiscal 2009, up from 15.4%, or 1,869 claims, in fiscal 2006, according to the U.S. Equal Employment Opportunity Commission.
While male victims sometimes experience behavior like groping and unwanted sexual advances, employment lawyers say increasingly “locker room” type behavior like vulgar talk and horseplay with sexual connotations have been the subject of claims.
Has there been an outbreak of office grab-ass that I’m not aware of? Not quite. Instead, there has been an outbreak of men losing their jobs …
Continue reading “Sexual Harassment: It’s Not Just For Women Anymore”
We’ve talked a lot about the cluster of factors that led to massive law firm layoffs throughout 2009. But why did law firms fire the specific people they let go? Let’s say that a firm fired 10% of its associates (whether openly or stealthily) in 2009. That would mean that 9 out of 10 associates kept their jobs. So what was up with the one person who was laid off?
A new report tried to answer that question. The Blog of the Legal Times reports:
Think a recent graduate from a top 10 law school is less likely to be laid off from a big firm than the less-prestigious associate down the hall? Think again. A new study by Paul Oyer, a business professor at Stanford University, and Scott Schaefer, a business professor at the University of Utah who was not on the panel, found that the opposite was true, though that trend flipped after lawyers built up a few more years of seniority. Oyer also said younger lawyers were far more likely to be laid off than older lawyers. Oyer presented the results of his study at a panel moderated by The American Lawyer’s editor in chief, Aric Press, at the “Law Firm Evolution: Brave New World or Business as Usual?” conference.
In a way, that makes sense …
Continue reading “Layoff Patterns: Was There a Method to the Madness?”
* Virginia Attorney General Ken Cuccinelli (pictured), a hero to conservatives, has sued the federal government over health care reform, based on a recently passed Virginia law that bars the government from requiring people to buy health insurance. [Washington Post]
* Doctors introduce poor people to lawyers, who help them out through “preventive law.” [New York Times]
* Berkeley Law professor Goodwin Liu is criticized by Republicans as “beyond the mainstream” — which means he should fit right in on the Ninth Circuit. [How Appealing]
* Justice Ginsburg defends DOJ lawyers who represented Guantanamo detainees back when they were in private practice — a group that includes one of her former law clerks. [Associated Press]
* Today Obama will sign the executive order ensuring that current restrictions on the federal funding of abortion will continue under health care reform. [CNN]
We’re past the first round of our Best City to Practice Law, March Madness bracket. Last week saw a few upsets in terms of overall city population, but few true surprises:
This is good for ATL office pool participants Kash and Lat. They are both tied for first place having picked 7 of the 8 match-ups correctly in round one. Elie’s lagging behind, with only 6 of 8 correct — Elie has a whole new reason to hate the denizens of Houston who couldn’t even show some civic pride and vote for their stupid city. [If you want to check out how the real NCAA brackets are going, check here. Elie's in 30th (thanks Georgetown), while Kash is 21st and has "Kansas" losing to Michigan State this round anyway.]
Today we’re tackling our regional finals in the East and South. In one corner, we have two bastions of East Coast intellectualism (and elitism). In the other corner, we’ve got a high quality of life that is occasionally interrupted by truck nutz. It should be a spirited debate, let’s get to it…
Continue reading “ATL March Madness: Best City to Practice Law (Regional Finals). East and South.”
* West Virginia has the worst legal climate in the nation. Unless your practice focuses on spelunking injuries. Then you’re golden. [Institute for Legal Reform]
* How the hell does a former lawyer get 76,000 followers on twitter? Unless he’s figured out how to film lipstick lesbians using only 140 characters, I really don’t get it. [Legal Blog Watch]
* Parties in support of Goodwin Liu’s confirmation are sweeping the nation. [Confirm Goodwin Liu]
* Is there really dog food out there that is “human grade”? There’s only one way to find out. [Gothamist]
* Texas Republican wants to repeal the 17th Amendment. I’ve got an idea, repeal the 17th and 2nd Amendments in Texas, and you’ve got a deal. [Gawker]
* Undergraduate grade inflation charted by athletic conference. Basically, the SEC is too dumb to even artificially inflate their grades properly. [Tax Prof Blog]
Are you desperate enough to apply?
Donald Trump is in the market for a lawyer, and if you’re unemployable, laid-off, or suffering because of the recession, you might just be the attorney for him. The next iteration of “The Apprentice” will be devoted to recession refugees, and the producers are looking to cast some legal types.
If your world has been rocked by the recession, maybe it’s time to seek out a reality TV gig. You could try to get on a game show for a one-time payout — like the UC Hastings grad who will be applying her Wheel of Fortune winnings toward her student loans — or you could try to get on a show that promises full-time employment a one-year contract to its winner. Assuming that you fare better than lawyer-turned-Playboy model Kristine Lefebvre, a loser from The Apprentice: Los Angeles.
An “Apprentice” rep tells us:
We are very interested in laid-off lawyers. Even lawyers that might have their own firm, but maybe business has suffered since the recession. As long as the downturn in the economy has affected them in one way or another, we can consider them.
The show will be filming for six weeks in May, June and July. Details on applying and a look back at reality TV winners with JDs, after the jump.
Continue reading “Career Alternatives for Laid-off Attorneys: The Apprentice Wants You!”
We’ve written before about clever and mortifying business cards for lawyers. But everyone would agree that business cards are essential for practicing attorneys.
What about for attorneys-to-be, i.e., law students? A reader asks:
Emails have been gone around NYU and Columbia law schools recently about business cards. More specifically, about me needing to buy school business cards. Is this normal? Do 1Ls and 2Ls actually need business cards that read “Columbia Law J.D. Candidate 2012?”
Consensus seems to be that they’re incredibly douchey and pretentious, but is it actually helpful for networking events and EIP/OCI? I know a few students have them…. but is this something to which I should give serious consideration? Is this the norm among law schools and I’m just ignorant? Or is this just some more junk advice from career services?
One of our tipsters has a very strong opinion….
Continue reading “Business Cards for Law Students: Terrific or Tool-tastic?”
I’m sorry but the pyramid [structure of law firms] is not going to last as long as those in Egypt.
– Robert Ruyak, managing partner and CEO of Howrey LLP
The Supreme Court ruled that a student’s failure to show undue hardship didn’t void a bankruptcy agreement to discharge student debt. It’s a minor victory for student debtors everywhere, and Justice Clarence Thomas did all he could to limit its effect.
The decision came down today in the case of United Student Aid Funds v. Espinosa. Justice Thomas, writing the opinion for a unanimous Court, ruled that a bankruptcy judge should have required trade school student Fransisco Espinoza to show undue hardship before approving the discharge of Espinosa’s student debt. But the error was not serious enough to void the agreement.
SCOTUSblog explains that the holding is very limited:
Today’s ruling in the student loan case is confined primarily to the situation where a discharge of such a debt has become final without the creditor using its option to challenge it at the time. It makes clear that bankruptcy courts may discharge a student loan debt only if they find it is an undue hardship to require payment.
Thomas’s language upholds the notion that undue hardship must be a part of the discharge of student debt …
Continue reading “Supreme Court Tackles Student Loan Debt”
It’s a talk, it’s a party, it’s an opportunity for us to tell you how to increase your chances of landing an offer from your summer associateship. Save the date: April 13th, at Amity Hall. Your Above the Law editors will be heading to the Summer Associate Kick-Off Party, hosted by the Practical Law Company (read more about PLC here).
We’ll be holding a panel discussion about the Do’s & Don’ts Of Being A Summer Associate. Some of the don’ts are obvious: don’t hit a strip club with colleagues, or get into a drunken argument with a partner. Others aren’t so much. Do you know how to run a closing? Perform due diligence? Draft NDA’s? Yeah, didn’t think so. We’ll address how to build these skills before you show up to work, so you can actually add value instead of just adding stations to Pandora.
So come to Amity Hall on April 13th, where we can teach you how to stay on the straight-and-narrow and be more prepared for your summer position — or at least turn up so we can share some of the summer stories we couldn’t print. And yes, there will be an open bar (and food), in case anybody wants to put our lessons to immediate practical use.
The event gets started at 6:30. Space is limited and priority is given to incoming summer associates, so click here to rsvp. Hope to see you there.
P.S. As if you need another reason to go, attendees will get access to a Summer Associate Survival Guide, which teaches you the nuts and bolts of transactional assignments firms will expect you to complete this summer. Non-attendees can access the guide too, but they won’t get the free booze or food. Bummer.
If you can’t make the event but would like access to the guide, just send an email to studentaccess@practicallaw.com, with your name, law school email address, and year of graduation. Thanks!
Summer Associate Kick-Off Party [Practical Law Company]
Just after 11:00 a.m. today, President Obama will sign health care reform into law. Very soon after that, the constitutional challenges will begin. And two Baker Hostetler partners want to lead the charge. The National Law Journal reports:
David Rivkin Jr. and Lee Casey argued for months that the health care overhaul under consideration in Congress was unconstitutional. Now, the two Baker Hostetler partners will have a chance to make the case in court.
Rivkin and Casey, who work in the firm’s Washington office, have signed on as outside counsel to several state attorneys general who want the legislation overturned in court. The litigation is the initial wave of what is expected to be a long series of lawsuits challenging various pieces of the overhaul, which won final congressional approval Sunday.
Does Baker Hostetler really want its name all over this? On the one hand, Bush v. Gore made Ted Olson and David Boies big stars. On the other hand, do you really see SCOTUS overturning major health care reform on constitutional grounds? I don’t. I just don’t see how the Court takes this opportunity to stop the relentless expansion of the interstate commerce clause by overturning the most contentious public policy issue of our generation.
Which kind of leaves Baker Hostetler holding the bag for what may be interpreted as purely partisan lawyering…
Continue reading “Baker Hostetler Partners Eager to Get Their Names All Over Health Care Reform Lawsuits”
Nathan Sawaya went to the trouble of getting a law degree, but now he’s making a living with a skill he mastered in kindergarten.
Instead of building cases these days, Sawaya is building large-scale sculptures out of LEGOs. He’s been a LEGO fanatic since he got his first set at 5 years old. He told Image Magazine that while at NYU Law, rather than using his law school desk for studying, he used it for building a LEGO replica of Greenwich Village.
Despite spending his law school days playing with blocks, he managed to score an offer from Winston & Strawn.
Six years ago, though, he won a contest at Toys R’ Us and left the firm to take a $30,000 job as a builder at LEGOland. That batsh*t crazy decision has actually turned out well for Sawaya, 36, if you consider being a world-renowned LEGO artist to be a good thing.
New Yorkers can now check out his work at Agora Gallery in Chelsea. “Brick by Brick: The Lego Brick Sculpture of Nathan Sawaya” opens today.
What might you see beyond a man-size Blackberry (with a built-in flat screen TV)? Here are some examples of Sawaya’s “art”:
* Here’s one student loan debt solution: game show appearances. UC Hastings College of Law grad Victoria Smith has boring plans for her $100K Wheel of Fortune prize. [San Jose Mercury News]
* Former Bush lawyer John Michael Farren is swinging around the Fifth Amendment instead of flashlights in a hearing in his Skadden wife’s $15 million lawsuit against him. [Associated Press]
* Confessing their shoplifting addiction to Dr. Phil results in prison time for a California couple. It sounds like the judge would like to send Dr. Phil to the clinker for a few days as well. [Associated Press]
* You have the right not to strip naked after committing minor crimes. [New York Times]
* Who owns a search term? [New York Times]
* Judge orders release of Gitmo detainee. [Reuters]
* Sandra Bullock and her soon-to-be-ex-husband Jesse James are in the market for attorneys. [TMZ]
We know a lot about law here at ATL, and maybe we know a little about love too. We’ve sent a handful of New York legal types out on dates as part of ATL Courtship Connection, our amateur stab at matchmaking. We’ve gotten three reports back so far.
Elie’s matchmaking attempt fell flat. Lat’s set-up showed promise. Now I bring you the results of my handiwork with Cupid’s bow and arrow. Since a Covington colleague and Duke classmate that I introduced are now married (and about to give birth to their first child), I can claim some archery expertise.
I matched two 30+ attorneys because they both named My Cousin Vinny as their favorite legal character. If a shared appreciation of Joe Pesci’s courtroom tuxedo doesn’t lead to true love, I don’t know what will. I sent them to one of my favorite East Village bars, Scratcher, which I thought would have a relaxed, romantic vibe. I was wrong about that, but perhaps right about these two getting along.
Here’s the male take from a “mid-level associate, refugee from the NYC boutique firms, now working at a non-profit and developing an allergic reaction to dress pants”:
So you would think that finding someone you never met in a bar without so much as a first name might be a problem. Especially when that bar is packed with drunken college types on St. Patrick’s Day. As it turned out, it took me all of two seconds to spot the one lawyer in the place, BlackBerry in her one hand, Redweld in the other.
Our college years long behind us, we decided to find a place where we could have a conversation, and perhaps get some real beer instead of that green swill.
So how did it go from there?
Continue reading “ATL Courtship Connection: Third Time’s the Charm?”
* Law firms have 18 months left to figure out how to provide services at a cost their clients can afford. Really? 18 additional months? Wow, I guess clients are dumber and slower moving than we thought. [WSJ Law Blog]
* Flight attendants have no duty to examine your scrotum. [BL1Y]
* What can we learn from Erin Andrews’s stalker? [THR Esq]
* It’s not just liberals who think constitutional challenges to the health care bill are SOL. [American Spectator]
* The first time I got a letter from an incarcerated person I was pretty excited. Now they’re just annoying. [Texas Star-Telegram]
* Out-of-town job interviews are good opportunities to figure out how cheap your prospective employer will be if you are offered a job. [Law.com]
* I’m not going to lie, when I think of Dune, I don’t think of a book, I don’t think of a movie, I think of an awesome video franchise that has been ruined over the years. So, thanks to this week’s Blawg Review for reminding me of my literary failings. [Cyberlaw Central via Blawg Review]
Prestige has a price. Former Greenberg Traurig partner Mark McCombs found a sucker to foot the bill for him. As we reported earlier this month, he was the village attorney to Calumet Park, Illinois. He was charged with bilking the village of over one million dollars — money he allegedly sought not for personal gain, but to impress his Chicago partners with his book of business.
Greenberg Traurig has reviewed his overbilling and discovered that it was actually in the multi-millions. The Southtown Star reports that the firm has reviewed McCombs’s billing of Calumet Park dating back to 2002, when he joined the firm, and will be returning $3.2 million to the village of Calumet Park. That takes a chunk out of Greenberg’s PPP this year.
Village records show McCombs billed the village for tens of thousands of dollars each month for work that apparently never was done. He helped himself to property tax revenue that flowed into accounts of Calumet Park’s five tax increment financing districts.
After the jump, Greenberg Traurig managing shareholder Paul Fox says there is an upside to all this, and we have an UPDATE from the firm…
Continue reading “Mark McCombs’s Overbilling Costs Greenberg Traurig $3.2 Million”
