Archive for April 2010

We reported on the leaked U.S. News law school rankings on Tuesday afternoon. That leak was correct, and the 2011 rankings are officially up on the U.S. News website, right now.

That’s bad news for NYU kids. They should try asking Berkeley students how transparent it looks to say that you go to a “top 6″ law school.

There was some movement within the top 14, but no school fell out of the so-called “T14.” This seems like a logical time to remind people why the T14 are referenced in this manner. The top 14 schools have been the top 14 schools for as long as most people can remember. Sure, they’ll change their positions relative to each other from year to year; but none of the schools that are in the T14 have been ranked lower than 14th in quite some time.

So with that out of the way, let’s take a look at this year’s version of the T14….

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Each year, at law schools across the nation, a few brave — some might say foolhardy — students take a break from outlining case law, and set it to music instead. The Annual Law Revue (or whatever it’s called at your law school) allows students to parody the law and life in law school. And now, thanks to the wonder of file-sharing sites, the musical creations last beyond the run of the show, and can be enjoyed (or hated) over and over again on YouTube.

Last year, we held our first ever Law Revue Video Contest, and UVA’s Con Luv video took home the big prize (though it’s unclear if they ever collected their prizes).

We’re holding the contest again this year. Rules after the jump…

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Non-Sequiturs: 04.14.10

* Is there anything positive we can take from the D.C. Circuit’s blow to net neutrality last week? [Infamy or Praise]

* Bill Lerach isn’t the only one — there’s a whole host of criminals teaching in law schools these days. [Forbes]

* Literally being attacked by a man’s python > Metaphorically being attacked by a man’s python. [The Smoking Gun]

* Tea Party organizer thinks conservative women are smarter and hotter than liberal women. The obvious fallacy of the former makes me call the latter into question. [Huffington Post]

* Here are some really basic errors law students make when writing papers. [Legal Profession Blog]

* It’s always the assholes who are most sensitive about being called an asshole. [The Legal Satyricon]

* PJ of PhilaLawyer.net will be discussing law firm douchebaggery tonight with Bl1Y. Should be a good listen. [Here's What to Think]

office of solicitor general.gifIn our reader poll on possible Supreme Court nominees — which is still open, by the way — Solicitor General Elena Kagan is leading the pack, at least in terms of the predictive poll. At the current time, a majority of respondents believe that she will be nominated by President Obama to the seat of Justice John Paul Stevens. (On the prescriptive side, i.e., who SHOULD be nominated to replace JPS, a plurality of you want to see Judge Diane Wood get the nod.)

So Kagan may soon be leaving the SG’s office. But new talent is coming aboard, starting in September or so, through the Bristow Fellowship program. These staggeringly prestigious fellowships allow recent law school graduates, typically coming out of clerkships with federal appellate judges (often feeder judges), to get involved in the work of the Solicitor General’s office, representing the United States before the Supreme Court.

We’re a little late in bringing you the news of the Bristow hires — they were notified weeks (even months) ago — but better late than never. A reader email reminded us that we hadn’t covered the announcement. So we did some digging and obtained their names.

So who are the new Bristow Fellows? Do we know their law schools and clerkships?

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One of the reasons we brought Courthouse Connection to New York is that we came across so many lawyerly personal ads on Craigslist. (Um, not that we troll Craigslist for dates. Our readers send them to us.)

We were wondering whether Courthouse Connection has caused a drop-off in legal types posting on Craig’s pages. When we recently searched “lawyer” in the personal ads section of New York Craigslist, we had three hits. Two were romantics attesting to the fact that they weren’t lawyers (and thus more attractive specimens to the rest of humanity), and one was a lawyer, whose ad attests to the fact that lawyers are not attractive specimen to the rest of humanity.

The ad is too explicit for our front page. Here’s an excerpt:

I am a middle aged whtie [sic] married discreeeeet male. Somewhat overweight but clean, safe, sane, dd free. Even more fun for some: I am a lawyer LOL…any of you want to pretend I represented your hubby in that nasty divorce? LOL

He wants to give those screwed over by a lawyer the chance to screw one back, nastily. Full ad, after the jump.

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We’re still waiting for official confirmation on the latest U.S. News law school rankings. The leaked results show that NYU Law has fallen behind the University of Chicago to #6. That’s two spots below NYU’s rivals at Columbia Law school.

At the Practical Law Company Summer Kick-Off party last night, NYU’s precipitous fall of one spot was the topic of conversation. Consternation was rife among NYU law students, Columbia law students were smug, and even Fordham law students enjoyed the schadenfreude. Tomorrow, we’ll do a full retelling of all the possible reasons NYU kids came up with for why the school may have dropped.

But one thing we know is that now that they’re out of the top five, NYU students do not want to pay twice what Columbia students are paying for the same extracurricular event. We’ve learned that a ticket to the NYU “Barrister’s Ball” is twice the price of a ticket to Columbia’s “Barrister’s Ball” — even though their events are taking place at the same venue.

I guess only top five schools are able to negotiate fair market prices…

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Flyer via Nuts & Boalts

UC-Berkeley once again topped Michigan in the (leaked so still unofficial) U.S. News law school rankings. Boalt Hall also dominated the Wolverines this month when it comes to secret society activity.

Whereas, members of Michigan’s “Barrister’s Society” threw their dirty laundry o’er the rooftops, resulting in campus-wide derision, recent activities by Berkeley’s “Gun Club” have left their fellow students appropriately mystified and intrigued.

A Boaltie tells us:

Last week, flyers featuring John Yoo’s face, with the phrase “I’m sorry, for everything” were posted around Boalt Hall.

Everyone assumed it was just the usual torture-memo protesters who flock to Berkeley, in the hope that it’s still the Bezerkeley of the 1960s, only to find a bunch of JD and MBA students hurrying by, scowling at their unshowered ways.

On Tuesday morning, the flyer reappeared in the student center, attached to the King of Beers….

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John Yoo unimpressed

If this tiger reminds you of your pet cat, you are an idiot.

There’s a Chris Rock joke about the Siegfried & Roy tiger attack: “That tiger didn’t go crazy, that tiger went tiger.” With that in mind, I bring you this latest decision from the Tenth Circuit, via the National Law Journal:

An insurance company does not have to pay a Kansas family $100,000 for an accident in which a Siberian tiger attacked and killed their daughter during her senior photo shoot, a federal appeals court ruled this week.

On Monday, the 10th U.S. Circuit Court of Appeals held that Safeco Insurance Company of America does not have to pay damages in a wrongful death suit because the homeowners policy bought by the tiger’s owners excluded coverage for business pursuits.

I’ll admit, it took me a second to appreciate what was going on here. As it turns out, the only actor that behaved reasonably in this situation was the tiger (and the Tenth Circuit)….

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Back in the summer of 2008, we wrote a post entitled “Summer Associates of the Day: Sapphic Summers in Lesbianic Lip-Lock.” The title of the post pretty much says it all.

Well, it turns out that a partner at the same firm, Minneapolis-based Lindquist & Vennum, may have been misbehaving too. The Pioneer Press reports that Michael S. Margulies, a leading Twin Cities real estate lawyer, has been accused of professional misconduct — in the form of “misappropriat[ing] significant sums from a limited number of clients and from the firm,” according to a statement by the firm. Margulies has withdrawn from the firm’s partnership, reported his conduct to Minnesota’s professional responsibility office, and agreed to be disbarred. He has also resigned from the St. Paul Planning Commission, where he served several terms under different mayors.

What prompted this alleged theft? It seems that Michael Margulies, former head of Lindquist’s real estate group, may have loved real estate not wisely, but too well. From the Pioneer Press:

Margulies, 56, of St. Paul, and his personal company, Triad Services, were sued in Ramsey County District Court by a real estate development company for which he had worked as an attorney, secretary and treasurer. In the lawsuit, CMB Minnetonka LLC alleged that Margulies “made numerous illicit withdrawals” from CMB’s bank account and line of credit at Highland Bank and used the money — $1.5 million or more — for his own purposes.

Specifically, the suit claims Margulies spent the money to overhaul the historic mansion at 516 Summit Ave. in St. Paul that he owned with his former wife.

So he allegedly did it all for love of a house. Was it worth it? Just how nice is this pile o’ bricks?

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Career Center AboveTheLaw Lateral Link ATL.jpgWelcome to the next article in our Expert Insights series, brought to you by the ATL Career Center. This week, we spoke with Katy Lewis, Associate Director at Lateral Link, who works with associate candidates on law firm searches in Chicago and the Midwest, and with candidates seeking in-house positions. Katy has worked closely with associates, recruiting coordinators and hiring partners at many national firms, so we asked her to share her Top 10 list of what they want to see in junior associates. Whether you are a new associate or just considering a career move, the Top 10 list is useful checklist of what you can do to succeed at a firm.

As a reminder, all Career Development articles, as well as additional career coaching information, are available in the Resources section of the Career Center.

Top 10 Tips for Junior Associate Success

10. Take advantage of slow periods. Use the time to organize your office, attend a CLE, catch up on business/legal current events (WSJ, NY Times DealBook, AmLaw Daily, etc.).

9. Develop a good working relationship with your assistant and paralegals. The better your relationship with the staff, the easier your job will be.

8. Learn how to use technology.  Become proficient with firm software – learn to use Word, Excel, PowerPoint, Westlaw, Lexis, document compare software.  Understand how to use the telephone – learn to transfer, conference call, dial international, etc.  Nothing is below you as a junior associate.

The rest of the tips, after the jump.

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Obviously not a lawyer.

Ed. note: This post is written by Will Meyerhofer, a Biglaw attorney turned psychotherapist, whom we profiled. A former Sullivan & Cromwell associate, he holds degrees from Harvard, NYU Law, and The Hunter College School of Social Work. He blogs at The People’s Therapist.

My lawyer clients sometimes arrive at my office complaining about their awful work hours. They talk about how worn out they are, how they pulled all-nighters, came in on weekends, etc.

Other times they come in with a different complaint – there’s nothing to do.

Why would that be a problem? Couldn’t they just relax a bit and catch their breath?

No. Because at big law firms, no one is ever supposed to admit there’s nothing to do.

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We’ve done a lot of stories on terrible legal jobs advertised on Craigslist. But they keep getting worse. Last week, a posting went up that was so bad it was possibly illegal:

Entry level plaintiff’s civil litigator wanted (Downtown San Diego)

We are looking for aspiring, licensed lawyers with a passion for trial advocacy on behalf of consumers and injured victims in San Diego county.

Candidates should be 0-2+ year attorneys. The office atmosphere is professional, busy, collegial, and we are located in downtown San Diego. This position offers the unique opportunity to join our team and learn every aspect of civil litigation. The successful candidate will be expected to be eager to try small-to-moderate injury cases to a jury within only a year or two of joining the firm. Respond only if you have a strong desire to learn how to litigate and try cases, and have the strong work ethic to keep up with the rather large learning curve.

Email:

1. Cover letter
2. Resume
3. Writing sample
4. References

The starting salary is $1,600-$2,000/month

***Please: If the starting salary is too low, please do not respond.***

If everything works out great for you, you could make $10/hour. But at the bottom end, you could wind up making $6.67 an hour. Minimum wage in California is $8.00. I know some people think that recent law school graduates are worthless, but this is a bit ridiculous…

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Morning Docket: 04.14.10

* A new Nebraska law banning most abortions 20 weeks after conception or later could set up a SCOTUS showdown on legalized abortion. [New York Times]

* Speaking of the Supreme Court, Anthony Lewis assesses the legacy of Justice Stevens — and offers some thoughts on filling JPS’s seat. [New York Review of Books]

* Senate Democrats have some views on this too: they’d like a Supreme Court nominee from outside the Ivy League. [Washington Post]

* Leading FCPA prosecutor Mark Mendelsohn is leaving the Department of Justice for Paul Weiss (and a rumored $2.5 million income). [WSJ Law Blog]

* Convicted felon and disgraced plaintiffs’ lawyer Bill Lerach (pictured) may be going from the big house to the ivory tower — he’s going to be teaching at UC Irvine’s law school as an adjunct. Hopefully he can teach law students how to avoid breaking the law. [Am Law Daily]

* It’s not just the Catholic Church. The Boy Scouts and the Church of Jesus Christ of Latter Day Saints are found liable found negligent in a sex abuse case with a $1.4 million award. [CNN]

Non-Sequiturs: 04.13.10

* What should a female lawyer a person wear when visiting a jail? [Fashion Deal Diva]

* Can you open a solo practice straight out of law school? [Lawyerist]

* I wonder what it would be like to live in a post-hubris universe. [Law and More]

* Universal jurisdiction sounds like a joke. [Point of Law]

* Is there any point to holding up the Denny Chin confirmation any longer? [The BLT: Blog of the Legal Times]

* There are some more Eric Massa details, but nothing really new. [What About Clients?]

We anticipated that the new U.S. News Law School Rankings would come out this week. That means we anticipated that the new rankings would be leaked beforehand. It happened last year; apparently U.S. News has more moles than Jack Bauer’s office at CTU.

We reached out directly to U.S. News rankings guru Bob Morse, but have not gotten confirmation yet of the authenticity of the leaked rankings. Again, the same thing happened last year; Morse didn’t confirm the leak until two days after we ran the leak on Above the Law.

But it’s not just bloggers and other internet junkies that think they are getting a sneak peak at the rankings. The faculty at Hofstra Law School is apparently very excited. A tipster reports:

Rumor has it the new US News rankings are leaked…at least enough that my law school has made it official. They’ve sent an email to professors, placed it on a TV screen in the law school, and a few profs. have announced it in class.

Hofstra has gone up to 86, from 100…

Well, if it’s good enough for Hofstra, I guess it’s good enough for ATL readers.

But if you are an NYU student, you better hope that these new rankings are some kind of hoax, or that Dean Van Zandt is wrong about the value of rankings

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The speculation continues over who will be nominated to replace Justice John Paul Stevens on the U.S. Supreme Court. If you’re looking to follow all the latest news and rumor, in addition to reading the usual suspects, like SCOTUSblog, check out the particularly comprehensive coverage over at The Ninth Justice, a blog of the National Journal devoted to the hunt for the next Supreme Court nominee.

According to Jan Crawford of CBS News (and several other reporters), the White House is currently considering about ten possible nominees. Most of the names being bandied about are familiar, especially the three leading candidates: Judge Merrick Garland, 57, of the D.C. Circuit; Solicitor General Elena Kagan, 49; and Judge Diane Wood, 59, of the Seventh Circuit. Professor Orin Kerr has a very funny post over at the Volokh Conspiracy showing just how “diverse” this trio is.

One notable name is out of the running: Secretary of State Hillary Rodham Clinton. The White House has indicated that it’s very happy with the work Secretary Clinton is doing in her current post, according to The Caucus blog.

And one notable name has been added to the SCOTUS speculation: Judge Sidney R. Thomas, of the Ninth Circuit (and next in line to lead that court, after current Chief Judge Alex Kozinski passes the gavel).

We know Judge Thomas — we clerked on the Ninth, presented cases to him on a screening panel, and hung out with him a bit at last year’s judicial conference — and we could see him as a Supreme Court nominee. He’s very smart and very progressive, but charming and strategic about his liberal politics, which can’t be said for all of his colleagues. In addition, as Jan Crawford notes, “he is a quintessential DC-outsider,” a graduate of the University of Montana law school whose nomination “would further a populist storyline.” So, even though he’s a white male from the Ninth Circuit — which would give Republican senators an opportunity to bash that (in)famously left-wing court — we could certainly see Judge Thomas as a possible nominee.

But a few former Ninth Circuit clerks whom we contacted about SRT (as he’s known on the Ninth) were more skeptical. Said one: “Can’t believe it is serious. Makes no sense. Some former clerk floated him for vanity purposes.”

As it turns out, a former Sid Thomas clerk might be involved in his appearance on the short list….

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Plus a pair of reader polls.

Linda Smith and Chuck Diamond, of O'Melveny & Myers

While it may be tempting to date — and even marry — a law firm colleague, it can create some awkward situations. Like having someone walk into your office when you’re busy billing coital time. Or like going through a horrific break-up while working together on a huge matter.

The latter was the case for Linda Smith and Chuck Diamond, partners in O’Melveny & Myers’s Century City office. From the Los Angeles Business Journal:

O’Melveny & Myers LLP partners Linda Smith and Chuck Diamond were in the unusual position of being married while representing Advanced Micro Devices Inc. against Intel Corp. in one of the largest antitrust cases ever.

What’s even more unusual, during much of that four-year legal battle, the co-lead lawyers on the case were going through their own private battle at home: a long and bitter divorce that’s still ongoing.

Journalist Alexa Hyland notes that “some law firms don’t even allow married couples to work at the same firm.” We haven’t heard of this being official policy anywhere — if it is at your firm, let us know — but we do know it’s often the informal policy. As in, “Congrats on your union… soooo which one of you is planning to stick with us?”

It’s not such a bad informal policy. Two lawyers going through a divorce can be War of the Roses-style ugly. But Diamond and Smith managed to stay civil while litigating the billion-dollar tech antitrust suit…

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For this set of set-ups, I decided to pair Biglaw men with female law students from Columbia and NYU. Apparently, the stereotypical pairing does not play out well in real life, at least in the case of these two couples. I also discovered that brunch as a first date is awkward.

I sent one couple to Balthazar in SoHo on a Sunday. I paired these two because they’re both interested in litigation. His favorite justice is Earl Warren and hers is Antonin Scalia. I thought that might set off some sparks:

Before we start, let it be known that reservations at Balthazar are a difficult sort.  After many busy signals, I finally got through only to hear that Balthazar was booked until 3pm.  Not good for a noon blind date.  So, I did the next best thing, arrive 45 minutes early and hope the wait time was 45 minutes.  It was and I lucked out.

After putting my name down at 11:15, I returned to the restaurant at about 10 to noon to alert the maitre d’ that I was there.  As I was making my way to maitre d’, I almost cut what turned out to be my date in line!  I turned to the young woman and said “Are you waiting, you must be next (motioning her to go ahead).”  She turns to the host and says “I am meeting someone here . . .” I turn back, look for the descriptor that Kash had provided and soon realized that, yes, indeed it was my date.

She was very cute and we had a good conversation over eggs and dessert.  We talked about our hometowns, travel experiences, and favorite New York brunch spots… After dessert we walked out, took a picture of the Balthazar sign, and ended with a hug.  Although I don’t think a love connection was made, I had a pleasant experience and thank ATL for the set up.

So no lasting connection. He was nice about it. She was less nice…

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thank you post it note.JPGA quick word of thanks to this week’s advertisers on Above the Law:

Special thanks also to Practical Law Company for sponsoring tonight’s cocktail party here in New York. If you’d like to attend, there are still openings — just click here, then click on the RSVP button.

If you’re interested in advertising on Above the Law or any other site in the Breaking Media network, download our media kits, or email advertising@breakingmedia.com. Thanks!

Ed. note: In advance of the soon-to-be-released U.S. News and World Report law school rankings, we wanted to get a fresh take on why the rankings are something we should care about. So we reached out to one of the most well-known proponents of law school rankings, Dean David E. Van Zandt of the Northwestern University School of Law. His guest post appears below.

By David Van Zandt

The debates about the merits of the U.S. News & World Reports annual law school rankings undoubtedly will escalate with the imminent release of the new rankings. The rankings indeed are far from perfect. (I myself think there should be a different weighting of variables.) And we, as legal educators and practitioners, should continue to share our concerns about the methodology and weightings used by U.S. News.

That said, my unpopular position on law school rankings essentially remains unchanged for the past decade. I strongly believe in them. Rankings offer prospective law students an important source of consumer information with which to evaluate law schools.

Frankly, I believe we need more rankings. I especially would welcome additional rankings that would focus on employer perspectives and employment outcomes. Business Week’s rankings of MBA programs, for example, do a much better job of focusing on employers and allowing them to rank graduates of schools based on specific desired qualities and outcomes. However, just having more independent publications (as occurs in the business school world) rank law schools in different ways would help…

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So let’s focus on making them better.