Archive for September 2010

Morning Docket: 09.23.10

By Juggalo Law

For the departed who never made it to Obamacare Day.

* Prosecutorial misconduct: when keeping it real goes wrong. [USA Today]

*Blockbuster filed for bankruptcy, which begs the eternal question: How the hell is Radio Shack still in business? [Bloomberg]

* Suspicions abound as single employees at some mortgage lenders sign off on up to 10,000 foreclosures a month. I don’t see anything wrong with that number. I’m a document reviewer. [Washington Post]

* It’s Obamacare day! I don’t have a joke here; just a lump in my throat for all my comrades who didn’t make it to see this day. [New York Times]

* Dude, where’s my car registration? [New York Law Journal]

* A Texas man’s conviction was thrown out because the primary evidence was a pack of bloodhounds’ positive ID of the defendant. It’s almost like Texas is doing a bad Texas impersonation. [WSJ Law Blog]

Will a Boo-Boo By Bingham Decide the Dodgers Divorce?

By David Lat

It’s actually not the divorce of the Los Angeles Dodgers, but the divorce of real estate mogul Frank McCourt and his wife, Jamie. Some call it the Dodger Divorce, however, since this bitter litigation could determine the fate of the storied baseball team — an asset worth hundreds of millions.

The couple is fighting over ownership of the Dodgers in a Los Angeles courtroom, aided by a long list of leading litigators. Frank McCourt is represented by Stephen Susman of Susman Godfrey, among others, and Jamie McCourt’s legal team is led by David Boies of Boies Schiller. (For a more complete listing of the lawyers involved, see here.)

But right now Susman and Boies aren’t the lawyers in the limelight. Rather, all eyes are focused on attorneys from Bingham McCutchen. The Boston Globe reports:

The high-powered firm is suddenly at the center of the drama because of work done by its lawyers. At issue is the wording of a document signed by both McCourts six years ago. According to media reports, three copies of the marital property agreement use the word “inclusive,” which would make Frank McCourt the sole owner of the Los Angeles Dodgers, and three copies say “exclusive,” which would make Jamie McCourt the co-owner of the venerable Major League Baseball franchise.

This is not the first time we’ve covered how a tiny difference in language — just two little characters, “in” as opposed to “ex” — could mean millions. Remember the single-digit error that could cost a real estate company tens of millions? See also the $900,000 comma and the $40,000 missing “L.”

Yikes. This is such stuff as lawyers’ bad dreams are made of. Law truly is a game of inches. (When bloggers make typos, commenters make fun of us; when lawyers make typos, people die lose money — sometimes lots and lots of it.)

The lead lawyer from Bingham McCutchen, Larry Silverstein — no relation to the World Trade Center real estate developer, as far as we know — admits that he messed up in preparing the marital property agreement (MPA)….

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Non-Sequiturs: 09.22.10

By Elie Mystal

* As I said yesterday, Dead American Dream man didn’t really get his question answered. [Tax Prof Blog]

* The fact that a career adviser needs to help lawyers channel their lustful feelings for their clients (or their clients’ spouses) really tells you all you need to know about how sexually repressed most attorneys are. [The Careerist]

* The only people who confess to crimes that they didn’t commit are Butters Stotch and those who have been intimidated by the cops. [Infamy or Praise]

* Mr. Colbert goes to Washington — to testify before a subcommittee of the House Judiciary Committee, apparently. [Gawker]

* If you are choosing a lawyer and must choose between quality, class, or good legs, what would you choose? (There is only one right answer.) [What About Clients?]

* Do you not like talking about your flair? Maybe that can be the basis of a lawsuit. [Law and More]

* I have to admit, I love the idea of “The Situation” becoming a lawyer and calling himself “The Litigation.” [Laws for Attorneys]

Florida Appellate Court Strikes Down Ban on Gay Adoption

By David Lat

Thus far, 2010 has been a great year for LGBT rights. As noted previously, federal judges have struck down Prop 8′s gay marriage ban, section 3 of the Defense of Marriage Act, and the military’s “don’t ask don’t tell” policy.

Today the gay rights movement scored another win — this time in Florida, and this time from a state court….

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Musical Chairs: Bob Link, Former Cadwalader Chairman, Retires

By Elie Mystal

So ends the legal career of Robert Link, former chairman of Cadwalader, Wickersham & Taft. The New York Law Journal reports that Link has retired from legal practice:

The unannounced departure took place July 1, Link, 55, said Thursday. Link, the firm’s former chairman and managing partner, left Cadwalader after being replaced as chairman in 2008 and later being left off of the firm’s management committee.

Speaking from one of his homes in Vermont, Link said the retirement was his choice. He said he has no plans to return to the practice of law, though he may take a job in the public interest arena.

“I don’t have to work if I don’t want to,” Link said. “But I will.”

Link made enough money for Cadwalader that many of his former partners don’t have to work if they don’t want to. Remember his fabulous $6 million Hamptons house? Now he has more time to enjoy it.

But Link also leaves behind a legacy that put many associates out of work…

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Want to Get Away With Murder? Just Run Over A Bicyclist

By AltTransport

It’s open season on bikers because America’s traffic laws are a joke.

Former North Carolina firefighter Charles Alexander Diez was sentenced to 120 days in prison after he shot cyclist Alan Simons in his head.

According to Mountain Xpress, the incident began when Diez stopped his vehicle to say it was not safe for Simons to ride with his three-year-old daughter in a child seat. The altercation quickly escalated and Diez pulled out a gun and shot Simons as he walked away from the row. Simons’ wife was also present when he was shot. According to police, the bullet ripped through Simons’ helmet, which stopped it from piercing his skull.

According to Mountain Xpress:

Convictions on such a charge result in an average 20-39 months in prison for the defendant. But in the sentencing, Superior Court Judge James Downs found that Diez’s military service, along with testimony from former colleagues about his good character, were mitigating factors, and chose to sentence him to 15-27 months instead. Downs suspended all but four months of that sentence unless Diez breaks the law again in the next 30 months.

Good character indeed. Way to go North Carolina legal system!

Continue reading at Alt Transport to find out all the other crap you can do to cyclists and probably get away with.

Want to Get Away With Murder? Just Run Over A Bicyclist [Alt Transport]

Would You Work for a New York Law School Student… For Free?

By Elie Mystal

Self-awareness: it’s a really important character trait. As you go about your day, your life, and your life’s work, it’s important to have an understanding of who you are and how you are perceived.

But what if your self-perception is grossly misaligned with objective reality? Well, then things could get tricky. You might make a mistake like perceiving yourself as sober when you are really drunk. Or perceiving that you are just drunk-driving down the West Side Highway when you are really drunk-driving while black down the West Side Highway.

Luckily, not all “self-awareness v. reality” conflicts result in serious consequences. For instance, if your self-perception doesn’t match reality while you are enrolled at New York Law School — well, then that’s just going to be hilarious.

As exhibit A, I present a Craigslist ad posted by a current 2L at NYLS. She’s looking for an unpaid intern to help her out with “things I need to do.” In return, she offers the great experience of learning about the law and about law school — secondhand, of course — from a prestigious NYLS student.

Nope, I’m not making this all up. But don’t worry, once you get a look at her picture, everything will make sense…

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Briefs Dropped in Lawsuit Against Canadian Judge Cum Porn Star

By David Lat

Today brings good news for Madam Justice Lori Douglas, the Canadian judge captured in pornographic pictures that wound their way to the web. Alex Chapman — the 44-year-old computer programmer who sued Justice Douglas for $7 million, alleging that the judge and her husband harassed and inflicted emotional distress upon him, by pressuring him (Chapman) to have sex with her — has dropped his lawsuit against Her Honor. Chapman will continue to move forward with his suit against Douglas’s husband, divorce lawyer Jack King.

Perhaps Chapman was scared off by the “statement of defense” that was filed for Douglas earlier this week. Douglas claimed the action was barred by the statute of limitations and that Chapman’s allegations “fail to disclose a cause of action against her.” (This makes sense to us; based on what we currently know, it seems that Douglas was, if anything, also a victim here.)

With Justice Douglas out of the case, the lawsuit may become somewhat less salacious. But we will continue to bring you updates to the extent that we can.

Lawsuit against judge dropped [Winnipeg Free Press]
Lawsuit dropped in Manitoba judge sex scandal [Toronto Star]
Judge disputes sex controversy allegations [CBC News]

Earlier: Prior ATL coverage of Justice Lori Douglas

Quote of the Day: Was Porky Pig a Founding Father?

By David Lat

The drafters could have written the Constitution as a list of specific rules and said, “That’s all, folks!” Instead, they wrote a document full of broadly written guarantees….

– Time magazine columnist Adam Cohen, criticizing Justice Antonin Scalia’s approach to constitutional interpretation. (Gavel bang: Dahlia Lithwick.)

(Please note that Quotes of the Day are selected for being interesting, thought-provoking, or funny — not because we necessarily agree with them. Personally I’m inclined to the view that originalism isn’t perfect but is probably better than any of the alternatives.)

Magical Thinking

By The People's Therapist

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

So many cases like this appear at my office that I’ll construct him/her as a composite. That way perhaps I can spare myself the chore of receiving those “how dare you write about one of your clients” comments that I receive every week when I get specific in detailing my fictions, and some of you decide I simply must be writing about your roommate. So here goes.

He/she is very young — 22 or 23 or 24 or 25.

He/she moved across the country to go to a law school that I’ve heard of vaguely. It turns out to be number 79 or 83 or 66 out of the top 100, according to some hack magazine that profits from disseminating this sort of nonsense.

He/she is the son/daughter of immigrants from Bangladesh, Peru, Kenya, Romania or Ireland.

His/her immigrant parents operate a doughnut bakery, dry cleaner, small hobbyist shop, motel or air-conditioner repair service.

His/her parents are adamant that he/she marry someone from Bangladesh, Peru, Kenya, Romania or Ireland in a traditional ceremony — soon — and produce male children.

Before then — quickly — he/she has to become a doctor.

He/she is no good at math or science or dating, so that’s not going to happen to him/her any time soon. Being a lawyer is the official second choice — not as good as a doctor, but acceptable…

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What Is the Value of an LLM Degree?

By Elie Mystal

Earlier this week, the legal blogosphere took a look at the “value” of an LL.M degree. I put “value” in scare quotes because the main point of the pieces in the National Law Journal and the WSJ Law Blog was that we don’t really know how valuable these degree programs are.

Now, in most markets, not knowing whether or not something has value would kind of be a big deal. But when it comes to legal education, the inability to determine the value of the degree isn’t a problem.

Faced with a lack of information about how much the LL.M credential is worth, law schools are quite happy to charge as much as possible for it anyway….

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Morning Docket: 09.22.10

By Juggalo Law

* Misappropriating $800,000 does not make you rich, not in Bell, California. [CNN]

* Law firm Ogletree Deakins was paid $3.8 million in the last fiscal year to defend Sheriff Joe Arpaio, and now the firm may be fired by Maricopa County Supervisors. Mo’ Money, Mo’ Problems. [Arizona Republic]

* A lawyer plans to file a lawsuit against a Massachusetts school district for taking middle-school students on a field trip to a mosque. Oh, the poors and their public schools. [Boston Globe]

* Italian police seized $30 million from the Vatican bank as part of a money laundering probe. Just enough to get a hovel in the 2-1-2. [Associated Press]

* In this interview, Justice Ginsburg talks about her family, her career, and how to make ends meet on $213,900 a year. [ABA Journal]

* That text Elie got from his bedbugs? Maybe they were just leaving to go to this bedbug conference outside Chicago. [Wall Street Journal]

* The gay rights movement is making more headway in federal courts. Yeah, well, yesterday Elie wrote this post about not being rich. So…yeah. [New York Times]

The Sexting District Attorney, Ken ‘I Am the Prize’ Kratz:
Does He See Dead People — On a Date?

By David Lat

Feast your eyes on 'The Prize.'

Thanks to the internet, your memory is probably getting worse. But surely you remember our recent Lawyer of the Day honoree, District Attorney Kenneth Kratz of Calumet County, Wisconsin.

A domestic violence victim who turned to Kratz’s office for help claims that the DA sexually harassed her via numerous text messages, trying to convince her to have an affair with him. One of his texts read, in pertinent part, “I’m the atty. I have the $350,000 house. I have the 6-figure career. You may be the tall, young, hot nymph, but I am the prize!”

(Someone should put that on a t-shirt: “You may be hot, but I am the prize!”)

Alas, the recipient of Kratz’s “I am the prize” text may not be the only woman he harassed. Two other women have come forward with allegations against the district attorney — and one of them claims Kratz has some weird ideas about what constitutes a fun date….

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Non-Sequiturs: 09.21.10

By David Lat

* Apparently more senators need to listen to Lady Gaga — and we’re not talking about her music. The attempt to repeal “don’t ask don’t tell” just failed in the Senate. [Metro Weekly]

* Chanel apparently does not think that imitation is the sincerest form of flattery. [Fashionista]

* Supermodel Stephanie Seymour and billionaire Peter Brant go to court… to reaffirm their marriage, ending some very ugly divorce proceedings. Good luck to the happy couple. [New York Observer]

* Is masturbation against God’s law? Or — more practically speaking, since we know you’re going to do it anyway — how can you tell if you’ve been masturbating too much? [Bloggenheimer]

* “[I]f this were China in Mao Zedong’s reign, Professor Henderson would now be in a re-education camp.” [Law and More]

* It would be really lovely if one of you were to nominate Above the Law for the Blawg 100…. [ABA Journal]

Lawyer of the Day: Taking a Performance Enhancement During Trial Lands a Lawyer in Jail

By Elie Mystal

Would you want your lawyer to do everything in his power to zealously represent you during your trial? What if doing all he can involves snorting a line during your trial?

Hey, don’t be too quick to judge. Coke heads tend to be alert and aggressive — and those are good qualities for a trial lawyer to have. And I don’t know about you, but one of the things I always tell my lawyer upon the first meeting is: “Look buddy, you handle your detox issues on your own time. When you’re billing me, I want you on whatever drug cocktail you need to be at your best.”

Of course, not all clients are as self-interested as I am. And most court officers also have ridiculous “standards” about “drug use in the courthouse.” Sheesh.

So, unfortunately, a Minnesota lawyer is going to have to spend two days in the pokey for his illicit trial prep skills…

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Earning $250,000 Does Not Make You Rich, Not in My Town

By Elie Mystal

Last week, University of Chicago law professor Todd Henderson published a controversial post on Truth on the Market. Henderson revealed that he and his wife have a combined income of over $250,000, but argued that this doesn’t make them rich — certainly not rich enough to afford the new taxes Obama seeks to impose on married couples making $250K or more.

You can read the full post over at Brad DeLong’s blog, Grasping Reality with Both Hands. You cannot read the full post on Truth on the Market, because the post has been taken down. Henderson explains why:

The reason I took the very unusual step of deleting [the post and comments] is because my wife, who did not approve of my original post and disagrees vehemently with my opinion, did not consent to the publication of personal details about our family. In retrospect, it was a highly effective but incredibly stupid thing to do. The electronic lynch mob that has attacked and harassed me — you should see the emails sent to me personally! — has made my family feel threatened and insecure.

Well, Professor Henderson, I’ve got your back. We might fight to the death about the proper use of the government’s fiscal authority, but it should be beyond obvious that earning $250,000 a year in this country does not make you rich. That figure doesn’t even approach “wealth,” especially if you live in a major city.

I might have a little more experience with electronic lynch mobs then Professor Henderson, so bring it on if you must. But for all the moral outrage one can level at a person bitching about making “only” $250K, know that $250K per annum is much closer to the minimum starting point you need to bank in order to have a shot at “making it” in the expensive cities of America. Living the dream requires a whole hell of a lot more….

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UCLA Law: The Jobs Will Come Out… Tomorrow!

By David Lat

Last month, on their blog, Bruin Briefs, staffers in the career services office of UCLA School of Law offered some advice to 3Ls who didn’t receive offers from their summer employers. If you’re in this ship that be sinking boat, you might find the counsel helpful; check it out here.

One UCLA law student identified this language as the best excerpt:

To many, [being no-offered is] a huge, unforeseen blow. If it’s happened to you, you may be cycling through feelings of anger, betrayal and/ or self-doubt. You’ve worked hard only to have the rug pulled out from under you. Give yourself a bit of time to recover. Remember to use your support systems and seek out help if needed. Take care of yourself and remember you’re the same person you were at the beginning of the summer. This experience doesn’t define you.

The tipster’s take: “It sounds like it was lifted from a suicide prevention handbook.”

We found a part of the post that we liked better….

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Career Center: Summer Programs to Approach With Caution

By Above the Law

If you’re looking for brutally honest opinions about the summer programs at the top law firms, head on over to the Career Center.  Here are some examples of what you’ll find there:

  • Although this firm had one of the largest summer associate classes in 2010, a high offer rate in 2009, and no start date deferrals, summer associates still couldn’t slack off, since “the standard for most assignments is perfection” and “the pressure is on” to get an offer.

  • Summer associates get the real associate treatment at this firm’s summer program, but only those fortunate enough to land an offer — and not have it rescinded — will actually get to join the first-year associate ranks.
  • Despite making 100% offers to this year’s summer class, summer associates at this firm may not be so quick to accept them, warning that they were not given “real” work assignments and that associate morale was “through the floor.”

For information on summer programs and associate life at all the top firms, visit the Career Center.

Disgruntled Law Grad Brings Student Loan Woes to Obama’s Attention

By Elie Mystal

Yesterday President Obama held a town hall meeting with those affected by the terrible economy. But the New York Times reports that the televised meeting “turned into a therapy session for disillusioned Obama supporters.”

A lawyer was among the disillusioned. Thanks to his question, Obama is now on notice that student debt is crushing the hope and change out of many people in this country. Here’s the Washington Post’s summary:

Then a 30-year-old law school graduate said he’s no longer able to make the interest payments on his educational loans, much less able to have a mortgage or a family. He said he had been inspired by Obama’s campaign. But now, “that inspiration is dying away,” he said. “I really want to know: Is the American dream dead?

If Bill Clinton had been asked that question, he would have said “I feel your pain,” molested the questioner, and said “I will not, let, student debt continue to bang you in the ass.”

So what did President Obama say to the debt-laden lawyer?

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Musical Chairs: From Supreme Court Clerk to Winston & Strawn Partner

By David Lat

A Supreme Court clerkship is, in the words of Adam Liptak of the New York Times, “the most coveted credential in American law.” When SCOTUS clerks leave their posts at the Court to join private law firms, they get signing bonuses of as much as $250,000 (on top of normal associate salaries and bonuses).

But typically they join their firms as associates (or maybe counsel, if they have a few extra years of practice in addition to clerking). How many clerks come in to Biglaw as partners?

As reported yesterday — by Tony Mauro in The BLT and by Marisa Kashino in Washingtonian magazine, among others — at least one Supreme Court clerk from the Term just ended, October Term 2009, is going to straight into a partnership at a major law firm.

Meet Elizabeth Papez. She clerked for Justice Clarence Thomas in OT 2009. Now she’s joining the D.C. office of Winston & Strawn, where she will practice in commercial and appellate litigation, with a focus on intellectual property and energy law, as well as government relations.

We interview Papez about her interesting career path, after the jump.

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