Archive for June 2011

Every season leads to more opportunity for me. I want a future too. I was going to go to school to get my law degree, but I really don’t want to do that work in the ant farm world. I’m seeing where it leads me, I want to be a performer.

Vinny Guadagnino of MTV’s wildly popular Jersey Shore reality TV show, reflecting on his career plans.

(As you may recall, Guadagnino previously thought about going to law school, after racking up an astronomically high undergraduate GPA.)

Have you ever messed something up for a client? Ever make a mistake that was yours and yours alone, that caused your client a problem and you and your firm some embarrassment?

If you haven’t, then you haven’t been practicing very long. Because you can’t practice for a long time without making some mistakes. It’s human nature, and anyone who tells you otherwise is lying or self-deluding.

In 17 years of practicing as a small-firm lawyer, I made my share of mistakes. More than some lawyers, perhaps; fewer than others. Not so many that it prevented me from getting a reputation among clients and peers as a decent lawyer. But more than I wanted to make.

Obviously, we should strive to minimize the number of mistakes we make as lawyers, and to minimize their severity. But one of the most important things to learn as a lawyer is how to handle it when you’ve made a mistake.

Here are eight tips to help you fix your mistakes and make your clients love you.…

double red triangle arrows Continue reading “Small Firms, Big Lawyers: Sorry About This Post”

Are you familiar with the website Post Secret? If not, you should check it out. It describes itself as “an ongoing community art project, where people mail in their secrets anonymously on one side of a homemade postcard.”

The secret-spilling postcards are then posted to the web. One of the entries from this past weekend gives a great shout-out to a leading law firm….

double red triangle arrows Continue reading “Career Alternatives: Massage Therapist?”

Success — at a law firm, in-house, or in any professional services environment — requires a certain mindset. The mindset is this: “My job is not to take an order from my client (or boss) and fill that order, but rather to achieve things.” Or, to put it differently, strive to execute projects, not simply to perform tasks.

Let’s start with a silly example: You ask someone to call the plumber to get the sink fixed.

Three days later, you realize that you haven’t heard back on this subject, so you ask, “Did you call the plumber?”

You hear back, “Oh, yes. I did.”

“And?”

“The plumber hasn’t returned my call.”

Do you feel as though you received intelligent help with this project? Of course not — because the project was to get the sink fixed. You didn’t really care whether your helper called the plumber, or e-mailed the plumber, or attracted the plumber’s attention with smoke signals. So long as the sink got fixed, the project was completed.

But your helper chose not to think about the project and instead focused only on the task — making a phone call, whether or not anything came of it. Your helper completed the task and ignored the actual project.

Undertaking tasks, rather than executing projects, is exactly the way to fail in a professional services environment. Here’s an example, from the legal world….

double red triangle arrows Continue reading “Inside Straight: Tasks Versus Projects”

Morning Docket: 06.06.11

Patti LaBelle (via Getty Images).

* “One man’s evil empire is another’s home team.” Working for Darth Skadden can make a lawyer switch to the dark side pretty quickly. The Sith must have great benefits. [New York Times]

* It’s more often that you find illegal immigrants waiting for you at Home Depot than illegal paint. [Los Angeles Times]

* Lawmakers in Connecticut make history with their mandate for paid sick days. Apparently they aren’t reading Jay Shepherd’s column — that, or they’re just spiteful. [Hartford Courant]

* You know, it’s hard out here for a pimp, especially when the California Supreme Court expects hos to sign non-compete agreements. [San Francisco Chronicle]

* An important memo for all bros: if you think you can sue Patti LaBelle and get away with it, you’re wrong. You will be sent into active duty. [New York Daily News]

* I, too, would be traumatized after trying to give a deer a pearl necklace. [New York Post]

* Sean Kingston may have to pay a fine for crashing in a manatee zone. This would provide more fodder for the commentariat if he had crashed in a walrus zone. [Digital Spy]

* In soviet Russia Florida, homeowner forecloses on you! What sweet, sweet justice it must be for a foreclosure defense attorney to have had a hand in this debacle. [Daily Mail]

Non-Sequiturs: 06.03.11

Chief Justice Tani Cantil-Sakauye

* It’s official: John Edwards has been indicted. Which leading law firm is he turning to for help? [Am Law Daily]

* Paul Clement v. Ted Olson: Professor Matt Bodie’s firsthand account of the Eighth Circuit oral argument in the NFL lockout case. [PrawfsBlawg]

* In fairness to Assemblyman Charles Calderon, Chief Justice Tani Cantil-Sakauye is quite attractive (and Filipino-American — w00t!). [ABA Journal]

* Weinergate teaches a familiar lesson: “Information which we share about ourselves online should never be considered private. Always make the assumption that anything that makes its way to the Net could someday be found.” [An Associate's Mind]

* Speaking of wieners, here’s a legal question you’ve always wondered about: “Can a gay softball organization restrict the participation of heterosexual softballers?” [Gawker; WSJ Law Blog]

* Speaking of LGBT issues, spouting memorable quotes from Mommie Dearest won’t get you kicked out of the military, but some things still will. [Poliglot / Metro Weekly]

* If you’re a legal professional interested in social networking, you’re encouraged to take this survey. [Law 2.0]

The Constitutional Daily tweeted a very interesting question at me this morning:

Bill removing racist language from AL constitution opposed by black lawmakers – http://bit.ly/iqmDsu@ElieNYC please explain

All right, I’ll put on my “ask a black dude” hat. And I can explain this.

But it’s complicated. And it requires understanding the subtleties of the positions of all parties involved. And it’s hard to really carve out a strident and principled position either way.

So, you know, this is a great conversation to have on the internet….

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Judge Fred Biery

Three years ago, we bestowed Judge of the Day honors upon the Honorable Fred Biery, a federal judge in the Western District of Texas. Back in 2008, Judge Biery rejected a religious school’s attempt to join an influential statewide extracurricular organization. In the process of ruling against Cornerstone Christian Schools, Judge Biery took the Bible and turned it around on them, in a snarky opinion quoting religious texts to refute a religious school.

(His Honor apparently enjoys colorful writing. See also this amusing ruling, with shout-outs in the footnotes to such fabulous creatures as Barbra Streisand and Stephen Sondheim.)

Well, it seems that Judge Biery — make that Chief Judge Biery, as of last June — continues to antagonize organized religion. Let’s read about the latest controversy he’s incited, this time involving an imminent high school graduation ceremony….

UPDATE: Judge Biery’s ruling in the case discussed below was overturned on Friday afternoon by the Fifth Circuit. Details and links appear in the update at the end of this post.

double red triangle arrows Continue reading “A Judge of the Day, Back in the News: Fred Biery”

I feel like I’ve stepped into a time machine that has taken me all the way back to 2009.

According to an internal memo obtained by Above the Law, the international law firm of Hogan Lovells is offering a voluntary separation program to U.S. staff. The memo, posted in full below, talks about needing to bring the firm’s support staff into alignment with overall firm needs.

The program is voluntary, but as we learned during the height of the recession, “voluntary” programs don’t always stay optional….

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Are you practicing in NYC but find that you are no longer in a New York state of mind? Would you prefer weekend trips to Paris or Prague over idling in traffic to the Hamptons? If you are a New York capital markets associate seeking the sophisticated practice of a top-notch international law firm in London, then check out the latest Job of the Week, brought to you by Lateral Link.

Position / Description: A top US firm is seeking multiple New York-trained Capital Markets associates with 3-6 years of experience for their London office and growing capital markets practice. Candidates must have strong academic credentials and relevant experience gained at a top firm. High-yield experience is necessary. Must be NY admitted and trained.

Interested and qualified candidates should contact Rana Yates Draganja, a Lateral Link recruiter for the New York and London regions, at rdraganja@laterallink.com for more information on this job (position #8881). Rana is a former capital markets associate who worked in Shearman & Sterling LLP’s London office and in Latham & Watkins LLP’s London and New York offices. She holds a J.D. from Columbia Law School, an M.Phil. in Linguistics from the University of Cambridge, and a B.A. in Pyschology – Neuroscience from Columbia University.

Click here to learn more about Rana and the rest of the Lateral Link team. Not a Lateral Link member, but want details on this or hundreds of other openings? Register for free at www.laterallink.com to work with an attorney recruiter who is an expert in your market.

I’m going to tell you the tale of two law firms.

Firm A: You win a major, high-profile case. The victory is covered by the legal press and mainstream media. The award to your client is huge, and the victory comes at the expense of a rival firm. Your only problem? Your client won’t pay you your millions in legal fees.

Firm B: You lose a major, high-profile case. Your well-known client gets rocked with a huge verdict, a rival firm is taking a victory lap all around town, and all you can do is tweet about the appeals process. But you are getting paid, and you expect to earn even more in fees as you plan your next move.

All else being equal, which firm would you rather work for?

If you chose Firm A, welcome to Orrick, Herrington & Sutcliffe. And good luck to you…

double red triangle arrows Continue reading “Would You Rather Win, Or Get Paid While Losing?”

Okay, I’m using the term “lifts” very loosely. We all know that outsourcing is taking work that used to be done by very expensive associates based in America and giving to inexpensive workers based in India. The law firm saves money, the client saves money, and the only people who are harmed are recent graduates of U.S. law schools.

But could outsourcing companies be poised to give something back to American law school graduates? Outsourcing companies aren’t ever going to replace the many lost Biglaw jobs that are never coming back, but they could be giving rise to some new opportunities.

At this point, every little bit helps…

double red triangle arrows Continue reading “Outsourcing: The Rising Tide That Lifts All Boats?”

Dr. Jack Kevorkian (via Getty Images).

Jack Kevorkian was a Michigan pathologist — but the doctor spent more time in the courtroom than in the operating room. He was a frequent litigant, thanks to his central role in the national controversy over assisted suicide, whose legality he advocated.

Early this morning, “Dr. Death” died, at the age of 83. It’s telling that Kevorkian’s passing was confirmed to the media by his lawyer, Geoffrey Fieger (whose awesome website we’ve previously deconstructed). The exact cause of death was not immediately known, but Kevorkian reportedly suffered from kidney and respiratory problems.

UPDATE (10 AM): According to Mayer Morganroth, another attorney for Kevorkian, Kevorkian suffered a pulmonary thrombosis, when a blood clot in his leg broke free and moved up to his heart. Morganroth was with Kevorkian at the time of his death, according to the Detroit Free Press (via ABA Journal).

The legal system tried to stop Dr. Kevorkian from assisting in suicides for many years, without success….

double red triangle arrows Continue reading “Jack Kevorkian, aka Dr. Death, Is Dead”

Morning Docket: 06.03.11

John Edwards

* Barring a last-minute deal, John Edwards will be indicted today. Life can seem pretty unfair sometimes. This isn’t one of those times. [ABC News]

* Civil rights groups have filed a class-action lawsuit against the state of Georgia over its new immigration law. These two have a history. [Reuters]

* Outsourcing firms are creating jobs for U.S. attorneys. Which will make for an awkward next interview for me when I blurt out that I loved “listening to that one Punjabi MC song where he goes lalalalaladoydoyduhduhlalala.” [New York Times]

* An article about non-lawyers owning law firms. Watch for the one guy who gets the vapors at the very idea roughly halfway through the piece. [Connecticut Law Tribune]

Rihanna

* Hey Ladies! Mika Brzezinski is dropping knowledge on your pretty little heads. [The Careerist]

* “Gucci lawyer tried to $oak Rihanna because she’s ‘Caribbean’.” [New York Post]

* The Manhattan DA subpoenaed Goldman Sachs last month. [Washington Post]

* The high price of trying to kill Vinny Gorgeous. [New York Times]

* A divorce lawyer in Yuma, Arizona was shot to death on the day he had planned to retire. [ABA Journal]

Sorry, we can’t help you with registering for the New York Bar Exam.

Yeah, for those who haven’t been paying attention to some of my prior coverage, the New York Board of Law Examiners occasionally has problems. Today they’ve got a big one. People were supposed to be able to figure out where they’d be taking the bar exam this summer, but things have not gone smoothly. A tipster reports:

the email with a link to the sign up for NY Bar locations for out-of-state test takers went out today at 2:36. The site crashed at 2:41. I think that the Bar Association could at least pretend to give a s*** and make an effort to make sure their equipment works.

Service has been spotty to non-existent since then. That’s okay, out-of-state test takers. I hear Albany is lovely in the middle of the summer. (/Sarcasm off.)

We can’t make registering for the bar any faster, but perhaps we can make studying for the bar a lot faster for everybody taking BAR/BRI this year…

double red triangle arrows Continue reading “When Did The Bar Exam Become The Kobayashi Maru?”

Non-Sequiturs: 06.02.11

* Usually, paying government lawyers less just increases the talent drain away from the public sector towards the private sector. But maybe the economy is so bad that talented lawyers will stay in government jobs, even if their pay is reduced. See, every time the economy closes a door, somewhere it opens a window (for the salary gremlin to come in and have his way with you). [WSJ Law Blog]

* Here are 20 female lawyers you should know. Seriously, if you haven’t heard of at least some of the women on this list you need to crawl out of the cave and do something other than save money on your car insurance. [Online Colleges]

* For the first time ever, there won’t be a white male in the top two spots at the New York Times. Somewhere, Rupert Murdoch is saying “yes, yes, come to me my disgruntled, unreasonably angry children.” [The Root]

* Apparently, there was a “secret meeting” between powerful NFL owners and player reps. They better figure it out soon, unless they want to see how lawyers would run football. [Blackbook Legal]

* KPMG is hit with a $350 million gender bias suit. [Going Concern]

* I can’t believe I’m supposed to get two blurbs out of the Anthony Weiner story? Man, screw that. [Gawker]

This news is more than a little scary.

Google announced yesterday that hackers in China had gotten access to hundreds of Gmail accounts. And it wasn’t just anyone’s email. The attack targeted senior government officials in the United States, Chinese political activists, officials in several Asian countries, military personnel, and journalists.

I have a feeling we will hear a lot more about this over the next few days. For the moment, let’s take a look at the details we know so far….

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Party responsibly, summer associates.

Summer associates are inundated by invitations to lunches, dinners, in-firm programs, and social activities outside the firm. Particularly in a summer when the economic outlook is still a bit uncertain, summer associates must act with care and discretion at firm-sponsored social events.

Almost invariably misconduct involves excessive late-night drinking. Someone once said “nothing good happens after midnight.” They were right. The following tips, brought to you by Frank Kimball of Lateral Link, will help you navigate the social scene this summer.…

double red triangle arrows Continue reading “Career Center: A Social Events Guide for Summer Associates”

There is a neighborhood in Chicago that smells like chocolate. The reason is due to Blommer Chocolate Company’s Chicago factory. I have never been inside, but according to a documentary I once saw regarding chocolate factories, inside there is a chocolate river, Oompa Loompas, and an eccentric chocolatier.

Much to my surprise, there was an opening at Blommer for over a year. Among other qualifications, the position required the applicant to be able to taste and consume chocolate and other products. Who would not jump at the chance to work there? Admittedly, there were a few negatives to the position (see here), but overall it sounded much better than a typical job wherein one does not get to taste and consume chocolate (at least not as an integral part of the daily routine).

If only there was some professional whose job it was to match open positions like this with qualified applicants….

double red triangle arrows Continue reading “Size Matters: Why Some Small Firms And Small-Firm Lawyers Need Matchmakers”

Facebook founder Mark Zuckerberg attends a joi...

Facebook goes on the offensive to protect its founder from a man it says is a scammer

When Facebook called Paul Ceglia, the man who claims to have a contract with Mark Zuckerberg for half of Facebook, an “inveterate scam artist,” Ceglia’s lawyers at DLA Piper replied that the company had no facts to back that claim up. “We are prepared to move the case forward into discovery and our client looks forward to his day in court,” said DLA.

Facebook is ready for discovery too: their lawyers at Gibson Dunn have filed to expedite it. Their attached memorandum of law makes a strong case against Ceglia. Facebook’s hoping to give Ceglia his day in court, but it’s hoping that it’s a criminal court.

Facebook wants the original version of the contract that Ceglia claims Mark Zuckerberg signed and the emails that Ceglia said were exchanged regarding that contract. Facebook says they’re as fake as that app that claims to let you see who your Facebook stalkers are. To support their claims, they’ve dug into the dark corners of Ceglia’s past, mentioning again his drug and fraud convictions as well as disclosing a land scam that Ceglia has allegedly been running for years, that had not previously been discovered. Note to self: do not sue huge corporation with any potential skeletons in the closet.

If the allegations Facebook’s lawyers make are true, Ceglia could end up with prison time instead of a hefty chunk of Facebook stock.

Read on at Forbes.com….