Apparently, in the midst of a heated debate, Justice David Prosser fell into the role of the hothead. He called a female justice a “bitch” “total bitch,” and threatened to “destroy” her. I guess this is what happens when members of the judiciary stop being polite, and start getting real –- The Real Prize World.
Anyway, you know what usually happens on the next episode of the show. We find out that the hothead isn’t just abusive with his words, but also with his fists. And that is exactly what allegedly happened earlier this month behind closed doors.
I came of age in the law in the late 1980s. At the time, arbitration was viewed as a big deal and a possible threat to the judicial system. Many corporations were adding arbitration clauses to their contracts; companies were agreeing to arbitrate, rather than litigate, disputes; and pundits feared that the judicial system would suffer.
What were the perceived benefits of arbitration?
It’s private. Companies wouldn’t have to share their dirty corporate laundry with the world.
You get to pick your own decision-maker. If you fear generalist judges, you can select an industry specialist as your arbitrator.
Arbitration is cheaper. Limited (or no) document production; no depositions; no silly, time-consuming motion practice. No serious appellate review, and thus relatively few time-consuming appeals.
This was perceived as being not just good, but great! Parties could design their own processes to have private judges resolve disputes quickly and efficiently, and corporations would spare themselves the expense and indignity of appearing in court.
Indeed, a couple of decades ago pundits feared that arbitration would soon threaten the judicial system. Parties with means would plainly prefer arbitration to litigation, so there would be ample demand for arbitrators’ services. Arbitrators are often paid at the rate of private practice lawyers, rather than public servants, so good judges would leave the bench in droves to accept more lucrative jobs as private arbitrators. The quality of judges would decline, and America would be left with a two-tiered system of justice: High-quality, private arbitration for the rich, and low-quality, public courts for the poor.
* Lady Gaga is facing class action RICO charges from an 800-number law firm. Not sure which is more upsetting: that such a firm exists, or that she’s being called “Shady Gaga.” [FOX Detroit]
* The best way to ignore a problem is to drown it out. Memo for all prisoners out there: you may not have the right to heat in the winter, but you do have the right to freeze your ass off. [Morning Call]
* In the melting pot that is America, you can still be fired for looking un-American in trendy tween stores. I guess Hollister isn’t familiar with the très chic Muslim surfer look. [Daily Mail]
Don't you hate it when the guy you happen to be sleeping with touches your junk and you have to go all octagon on him?
An MMA fighter and sometimes bouncer awakens to find a gay guy sleeping in his bed with his hands down his pants. Naturally, the fighter removes the gay guy’s hand and beats him to a pulp. At trial, the fighter claims the brutal assault was in self defense.
Man, if I had a dollar for every time I woke up with some dude’s hand down my pants and had to nearly beat him to death just to get out of the room I’d have… zero dollars because that never freaking happens.
But that’s the story Dale Edward Cutler told a Michigan appeals court. Yet, even assuming Cutler’s facts to be true, the appeals court still ruled that his use of force was too excessive to claim self defense….
Why don't you ask Kay Adams what she thinks about father's rights.
I’m all for father’s rights. I think they should be co-equal with mother’s rights just as soon as the child is born.
Before the child is born? When we’re just talking about cells that are parasitically living off of the mother in an invasive way as they mangle the woman’s organs, while the father says things like “you want ice cream and pickles, jeeze” then I think it’s okay to have the mother’s rights supersede the father’s.
Of course, there are tough cases. When the mother wants to get an abortion while the father wants her to bring the child to term, the situation calls for a reasoned and compassionate solution. As we think through what to do in these situations, we need calm and respectful discourse.
You know, the kind of things that work great on a giant billboard in the center of town…
Earlier this week, Hughes Hubbard & Reed finally got around to issuing spring bonuses. Oh, we can’t call them “spring” bonuses, because Hughes Hubbard is calling them “special” bonuses. But make no mistake, this is a spring bonus HHR has just taken a long time to get around to.
Unlike Cahill, which just gave their associates more money because they could, HHR is playing catch up to the 2010 bonus market. I can prove it: Hughes Hubbard’s special bonus is tied to 2010 performance and hours marks, not 2011.
I think if you are rewarding people for what they did in 2010, it’s pretty obvious that you are still trying to catch up to the 2010 compensation market…
For attorneys, missing deadlines is a big no-no. BIG no-no. A Goodyear blimp-sized no-no. People have literally died because of blown deadlines. Cases worth millions of dollars get tossed out because of missed deadlines, even if someone has a decent excuse.
That being so, I do not envy the lawyer who had to tell his client that the 4th Circuit shut down their lawsuit because he didn’t know how to use his Microsoft calendar.
More about the difference between “excusable neglect” and this run-of-the-mill bonehead mistakes after the jump…
Personally, I take a Quinn Emanuel approach to my sartorial choices. I try to not be overly concerned with one’s superficial appearance, and that starts at home.
But I’ve come to learn that people who spend a lot of time with their face up their own ass in front of a mirror are also deeply concerned with how other people look. Whatever, some people care about the character of a man, others care about the starch in his collar.
And if you want this job in Philadelphia, you better be in the latter category…
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: firstname.lastname@example.org.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.