Archive for November 2010

Morning Docket: 11.12.10

When trying to get out of jury duty, Jeffrey Dahmer is your friend.

* French parents have sued to spare their kids the embarrassment of sharing a name with a car. Hey, Zoe Renault, need an underbody lube? [New York Daily News]

* Ladies, having your jaw fall off is just a small price to pay to fix your brittle bones. At least your husbands will be happy that you’ve finally shut your mouths. [WSJ Law Blog]

* Write this one down, kids. The quickest way to get out of jury duty is to admit that Jeffrey Dahmer was your BFF in high school. [ABA Journal]

* The saddest part of the McFadden’s lawsuit isn’t the alleged discrimination, it’s the fact that it was brought by a lawyer moonlighting as a bartender. [ABC News]

* Back in the day, Lorillard Tobacco allegedly handed out cigarettes like candy to black kids. Fifty years later, the company is facing a wrongful death suit. [Washington Post]

Earlier this week, we brought you the story of Nelson v. Jones Day — a discrimination lawsuit filed against Jones Day by Jaki Nelson, an African-American woman who worked at JD for almost 18 years. Some of the allegations in Nelson’s complaint — use of racial slurs by firm partners and administrators, sex scandals, and rampant bullying — were salacious and incendiary. If you haven’t already done so, read more about them in our earlier post.

As litigators well know, however, there are two (or more) sides to every story. And this lawsuit is no exception.

(We’re reminded of Aaron Charney’s lawsuit against Sullivan & Cromwell, alleging anti-gay discrimination. Based on the same reporting, some viewed that lawsuit as Philadelphia: The Sequel, while others saw it as an oversensitive and entitled associate suing a firm with no anti-gay bias — and numerous gay partners and associates.)

After we published our post, sources came forward to defend Jones Day and the lawyers mentioned in the complaint — and to dish dirt on the plaintiff, Jaki Nelson….

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Non-Sequiturs: 11.11.10

* The potential legal fallout from the Declan Sullivan tragedy. [Law Writer's Blog]

* Speaking of Notre Dame, here’s me on a podcast, discussing the ND tuition hikes and the overall price-gouging of American law students. [Legal Broadcast Network]

* If you choose advertising instead of a legal career, one day you might be able to convince other people to go to law school. It’ll be a double win for you. [Last Day at the Office Emails]

* Nintendo is claiming ownership of the phrase “it’s on like Donkey Kong.” So sad. People who assert trademarks over common phrases deserve to have barrels tossed at them while their girlfriends are held captive. [WSJ Law Blog]

* There aren’t many Veterans Days left for the Greatest Generation, so let’s give ‘em a salute. [What About Clients?]

* In case you missed it, there’s some hope for junior litigators — check out this job listing. [Above the Law (sponsored content)]

About once every two months, someone sends us an email asking, “Whatever happened to Kumari Fulbright?” Well, now we have an update.

In case you don’t recall, Kumari Fulbright was a Texas high school cheerleader, Arizona beauty queen, and second-year law student at the University of Arizona — until she was accused of participating in a plot to kidnap an ex-boyfriend, which put a crimp in her legal studies.

Last week, Fulbright took the stand — not in a moot court or mock trial competition, but in the criminal trial of her co-conspirator, Robert Ergonis. And it seems that Fulbright’s testimony, despite its occasional evasiveness, was effective. On Tuesday, the jury convicted Ergonis of kidnapping, aggravated assault with a deadly weapon (a gun), assault, and armed robbery.

Fulbright’s testimony against Ergonis was made pursuant to a plea agreement, which provides for her to receive a two-year prison sentence. She will be officially sentenced in early 2011 — and is stuck in jail until then.

Kumari cut a colorful figure on the witness stand….

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I just wanted to get out there, let my talents shine, and show that I, too, can be a constitutional originalist and claim strict adherence to the intent of those who framed our nation’s founding document, thereby advancing a conservative agenda. Pretty sure I nailed it, too.

– “Supreme Court Understudy Fills In For Scalia,” The Onion.

The library at Brooklyn Law School is fast becoming the most sexual law library in America. Last week, the class of 2010 dedicated a plaque inside the library warning students, “It’s supposed to be hard.” This week, we’ve learned that the law library also plays host to some hard bodies.

Apparently, Brooklyn Law allowed models from Diesel Jeans to use its law library for a photoshoot. The jeans didn’t stay on for long. Ladies and gentlemen, I present to you the law library for the 67th best law school in America….

WARNING: The pictures after the jump should be safe for work — there’s no nudity — but they are mildly risqué. Read on at your own risk.

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As we said yesterday, there’s still time left in the year for associates to crank out some billable hours to hit their targets. There’s still time to participate in our hours survey, where the early returns suggest that many of you are quite busy.

That’s a good thing, especially if you are at Mayer Brown, New York. No, the firm hasn’t released bonus information yet. In fact, the firm hasn’t even released its 2011 payscale.

But Mayer Brown is telling people how many hours they need to hit in 2010 in order to be eligible for a 2011 raise…

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There will likely come a time in your legal career when you decide to look for another job – and for the majority of lawyers, there will be many of those points.  Whether you are ready to leave your current job or just want to test the waters, job seekers should be cautious about the search process.  Unfortunately, many attorneys would rather remain unhappy in their current jobs than search for a new job, for fear of getting caught by their employer.

Even though there is no foolproof plan, and there is always a risk of getting caught before securing a new position, this week’s Career Center Expert Insights article provides some tips on how you can conduct an effective job search, while keeping the search under wraps from your current employer.

Click here to see the tips, and here to see other recent articles from the Career Center.

This article was prepared by T.J. Duane of Lateral Link. If you are considering making a lateral job move, feel free to contact him at tjduane@laterallink.com.

It feels a little bit weird to talk (and bitch) about the high-end lifestyle enjoyed Biglaw associates on Veterans Day. We’re all very thankful for the people who risk their lives to keep us safe, secure, and free.

Okay, random moment of conscience over. Where are the goddamn bonuses?

The first Biglaw bonus memo still hasn’t dropped — when it does, please email us at tips@abovethelaw.com or text us at 646-820-TIPS, ASAP — but we do have associate benefits news. Yesterday, Proskauer Rose told its associates that they would all be getting a free iPad and a desktop PC. Or a free laptop with a docking station. And candy floss. And free Rock Band 3 peripherals.

Okay, I made the last two items up, but you get the point. We don’t know what Proskauer’s cash bonus will be, but we do know that Proskauer associates won’t have to spend it on fancy gadgets…

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America is often called the “Land of Opportunity.” To many, that means cashing in on one’s education, ideas and talent as soon as possible. The corollary is that we frequently assume that folks who aren’t rich are only so positioned because they failed at all their attempts to become rich. After all, actually turning down a guaranteed payday out of altruism (or at least perceived altruism) is a rare enough occurrence that it’s often deemed eminently newsworthy. See, e.g., Tim Tebow, Michael Bloomberg, and my personal favorite, Pat Tillman.

Here at Above the Law, life is frequently viewed through a similar lens. Discussions of small firms start with the presumption that non-Biglaw types are so situated because they didn’t have the chops to make it in Biglaw. See, e.g., almost every comment to any post I’ve written for this site. We assume that “going small” — especially right out of school — is the last resort of a destitute, loan-burdened graduate who B-minus-ed his or her way through three years of law school. Students “end up” in a solo practice; they don’t strive for it.

Thus, when a law student wrote to tell me that she and two of her friends are spurning Biglaw in favor of starting their own firm, I thought, “Now, there’s a story worth telling.” They’ve graciously agreed to let me tell their story here….

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Readers, please buckle your seatbelts and prepare to be astounded, because I am about to talk to you about football. Yes, I know — football and breasts don’t normally mix (hello, Ines Sainz) – but Elie, who would usually write about football and the law, is pulling me from the JV squad and letting me stand in as quarterback for this post. Let’s hope I don’t get sacked.

Speaking of quarterbacks, today we’re going to be talking about everyone’s favorite Heisman trophy winner, Gator-turned-Bronco Tim Tebow. Although Tebow is a relatively squeaky-clean guy, he has had his fair share of controversy in his football career.

Tebow, who was notorious for writing bible verses on his eye black, is rumored to have brought about the NCAA’s decision to propose the “Tebow Rule,” which banned college football players from displaying any messages on their eye black. Tebow also endured some major backlash after appearing in an anti-abortion ad sponsored by Focus on the Family which aired during Super Bowl XLIV.

Given that Tebow is the NFL’s equivalent of Dudley Do-Right, you wouldn’t expect that he’d be implicated in any sort of legal wrongdoing. But Tebow must have been a very bad boy and neglected his prayers during the Bronco’s bye week, because this week, he was named in a Florida restraining order request. You’ll never guess who his alleged co-conspirators are…

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Morning Docket: 11.11.10

* Things just got real for Judge Judy wannabe DeAnn Salcido. With 39 counts of judicial misconduct, this über benchslap has got to sting. [San Diego Union Tribune]

* The ABA Journal is asking readers to submit haikus about life in the law. My entry: Just graduated. My class is totally screwed. Waahh, soul-crushing debt. [ABA Journal]

* Florida may consider a posthumous pardon for Doors singer Jim Morrison. Efficient use of taxpayer funds? Ehh. Awesome? Hell yeah! [St. Petersburg Times]

* Oklahoma desea que su idioma oficial del estado sea inglés. Pero aparentemente que es inconstitucional. ¿Qué piensa usted? [Tulsa World]

* Joe Miller apparently needs to learn the A-B-C’s of voter intent when it comes to misspelled write-in ballots. What a disgraceful Yalie. [Wall Street Journal; Los Angeles Times]

* Eww, check out some of the vomit-inducing new warning labels that will be appearing on your cigarette cartons by 2012. Thanks, Tobacco Control Act. [New York Times]

Lawyers complain but Obama won't listen.

If you’ve been following along with the trend towards outsourcing over the past few years, you know what American lawyers are up against. Indian lawyers can do American legal work… while American attorneys are shut out of India’s (large and growing) legal market.

As many of you know, President Obama recently fled traveled to India, and ABA president Stephen N. Zack is begging Obama to use his international goodwill to convince India to stop acting like dicks in an exclusionary fashion with respect to American lawyers and law firms.

Zack’s arguments are simple ones, based on sound business practices, free trade, and fundamental fairness. Yet these arguments haven’t worked on Indian legal authorities, and apparently Obama isn’t any more receptive…

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Non-Sequiturs: 11.10.10

A tasteful receptacle.

* Why chase the ambulance when you can just meet it at its final destination? [New York Personal Injury Law Blog]

* Somebody at PwC-Ireland sent around a list ranking the hotness of their female associates. Now it’s gone viral and somebody is going to get in trouble. Ladies, if you think this doesn’t happen all of the time, at every place of business you’ve ever worked at, you are deluding yourselves. [Going Concern]

* I hope Rahm Emanuel doesn’t find out about these “Rahmstoppers.” Because if he does he will f*****g cut them a new a**hole after he a**l rap*s their original one with a black c*** fashioned out of a dead baby. [WSJ Law Blog]

* Why associates hate partners. [Sweet Hot Justice]

* I would sacrifice many hundreds of human beings to save grizzly bears. Of course, I wouldn’t be one of those sacrifices. As a black man I know better than to go into the woods looking for megafauna to mess with. [Concurring Opinions]

* In case you are wondering why New York is just a better town than everywhere else. [Village Voice]

Sam, you ought to thank Harriet Miers for making this possible.

– President George W. Bush to newly confirmed Justice Samuel Alito, as recounted in President Bush’s new memoir, Decision Points (via Jan Crawford).

We’ve repeatedly discussed the importance to lawyers of networking. It matters whether you’re at a small firm or at a large one. It’s a necessary skill, in terms of getting the best assignments, making partner, and remaining a partner — no longer a guaranteed outcome, in these challenging times.

But networking also raises some ethical issues. When does it cross the line in to unethical solicitation? What are the limits on entertaining clients? How can you ethically handle referral fees?

This week’s Continuing Legal Education offering, handpicked by your ATL editors from the extensive CLE catalog of our friends at ALI-ABA, is all about how to network effectively and ethically. It offers those elusive ethics credits (required in many MCLE states), it’s reasonably priced, and it’s a telephone seminar — so you can participate from the comfort of your own office or home.

Check it out, and sign up, via the link below. Happy networking!

Networking Professionally and Ethically [ALI-ABA]

What are the differences between Washington lawyers and New York lawyers? One broad generalization — crude, but largely accurate — is that D.C. attorneys are all about power and prestige, and NYC attorneys are all about money.

It’s certainly true that, in the Biglaw world, New York-based law firms generally enjoy higher profits per partner than Washington-based firms. But D.C. attorneys aren’t doing too badly for themselves.

The latest issue of Washingtonian magazine, available now on newsstands, is the salary survey issue. It’s all about who makes what in the D.C. metro area, from the president to police officers to pediatricians.

And given the proliferation of lawyers in the nation’s capital, there’s a whole section on lawyers and judges. Thankfully for us, Washingtonian has made this portion available online….

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With just about six weeks to go in 2010, it’s time to check in on how people are doing with their billable hours.

At the start of the recession, hitting your hours could mean the difference between having a job and emailing Above the Law about stealth layoffs at your firm. This year, there hopefully isn’t that kind of pressure (at least not to the same degree). This year, hitting hours targets should be all about your bonus.

Of course, the difference in total compensation between a fourth-year associate who bills 1920 hours and a fourth-year who hits 2050 could be significant. The early buzz is that bonuses will be substantially bigger this year than last year, but the drop-off from one hours level to the next could be significant. Some firms might make bank-busting payments that will generate sweet headlines, but not all associates will hit the hours mark necessary for the top payment.

Still, with a month and a half to go, there’s time to “juke your stats,” as they say on The Wire. If finding an extra 80 billables between Thanksgiving and Christmas makes a huge difference, clients should be prepared for their attorneys to drag out any assignments they get. Sorry clients, associates gotta eat too.

So how are people doing? Take our poll, and get a sense of how many hours your peers are on pace for….

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Emma Lazarus would be in favor of reciprocity.

If you think about it, rules that prevent lawyers from practicing law in other states are kind of anachronistic anyway. This isn’t 1810. We’ve got planes and trains and automobiles. Clients can have legal issues in many jurisdictions, and it just doesn’t make a whole lot of sense to require that they use a different lawyer in Oklahoma than they do in Texas.

With that in mind, this suggestion from the New York State Bar Association is a no-brainer. They propose that in-house lawyers shouldn’t have to pass the New York State Bar Exam in order to practice in New York State. Instead, they suggest that out-of-state, in-house attorneys simply pay a registration fee.

Because this is New York — rules bore us, but money talks…

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