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…
If you are considering a virtual law practice, you know that many of today’s solo firms started that way. But why are established, multi-attorney law firms going virtual?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Reduces malpractice risk
Enables you to gather the best attorneys to fit the firm, regardless of each person’s geographic location
Leverages mobile devices and cloud technology to enable on-the-spot client and prospect communication
Transitioning in-house is something many (if not most) firm lawyers find themselves considering at some point. For many, it’s the first step in their career that isn’t simply a function of picking the best option available based on a ranking system.
Unknown territory feels high-risk, and can have the effect of steering many of us towards the well-greased channels into large, established companies.
For those who may be open to something more entrepreneurial, there is far less information available. No recruiter is calling every week with offers and details.
In sponsorship with Betterment, ATL and David Lat will moderate a panel about life in-house and we’ll hear from GCs at Birchbox, Gawker Media, Squarespace, Bonobos, and Betterment. Drinks, snacks, networking, and a great time guaranteed. Invite your colleagues, but RSVP fast, as space is limited.
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: email@example.com.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.