* Nice work if you can get it: a pair of incoming DLA Piper associates will get paid $145,000 to $160,000 to do pro bono work for a year. [Am Law Daily]
Sen. Chuck Grassley (R-IA)
* Think you’re tough, NYC lawyers? “A D.C. attorney attacked a man with a live power line — downed by Hurricane Irene — during an altercation in which the lawyer used his car as a battering ram against his alleged victim, police said.” [Georgetown DC Patch]
* The ABA and Senator Chuck Grassley continue to be pen pals. Here is law librarian Mark Giangrande’s take on the ABA’s latest response. [Law Librarian Blog]
* Interesting analysis: “How the Media Treated Mexico’s Mass Murder.” [The Awl]
* I agree with Professor Eugene Volokh: “people are constitutionally entitled to speak the truth about others, even with the goal of trying to get them fired.” [Volokh Conspiracy via Instapundit]
* I found a special friend on OkCupid, but the site wasn’t as helpful to Alyssa Bereznak, who had an unfortunate experience dating a world champion of Magic: The Gathering. [Gizmodo]
Having just celebrated our fifth anniversary, we would like to extend our thanks to this week’s advertisers on Above the Law. We couldn’t have made it this far without them, so please show them your support:
Many litigators have a bias against settlement. It’s understandable. There’s no glamor in settling cases. No one is ever going to make a TV show called “The Settler,” about a young but scrappy underdog lawyer who fiercely negotiates tough-but-fair settlement agreements and always remembers to allow a 21-day waiting period if the plaintiff is 40 or over. (On second thought … better call my agent.)
Forget TV and movies. No lawyer has ever come home with the exciting news about settling a lawsuit (at least, no defense lawyer). “Honey, I settled the Devens case!” “That’s great, dear. Now go mow the lawn.”
In the midnineties, I was a junior associate working on a contentious sexual-harassment case. While we were able to win partial summary judgment, the main claims headed to trial in federal court. During the negotiations before the trial, the partner from my firm had a conversation with the plaintiff’s lawyer, who was that sort of rough-around-the-edges attorney who prided himself on spending a lot of time in the courthouse.
Looking to put my boss in place, the guy took a shot at our firm’s litigation style. Here’s what he said …
[A] rush to open the practice of law to unschooled, unregulated nonlawyers is not the solution [to the justice gap]. This would cause grave harm to clients. Even matters that appear simple, such as uncontested divorces, involve myriad legal rights and responsibilities. If the case is not handled by a professional with appropriate legal training, a person can suffer serious long-term consequences affecting loved ones or financial security.
The legal profession isn’t known for its sense of humor. On the contrary, most attorneys take themselves way too seriously. As a result, we see some pretty ridiculous attorney advertising that ends up being unintentionally funny. And while we’re happy to poke gentle fun at these websites and ads, our commentary isn’t always well received. Because another thing that lawyers aren’t known for is the ability to accept criticism.
Knoxville attorney Stephen A. Burroughs, a personal injury and auto accident lawyer and my new favorite person, is an exception to these rules. Anyone from the Knoxville area is likely familiar with Burroughs, having seen his serious, bearded face on billboards all over town.
The ads were so ubiquitous, and Burroughs’s gaze so smoldering and intense, that someone created a Facebook page devoted to Stephen A. Burroughs Memes, transforming Burroughs into Knoxville’s answer to The Most Interesting Man in the World. As the Facebook page gained popularity, the funny memes started pouring in.
Even better than the jokes, though, was Burroughs’s unexpectedly awesome response….
At the time, we quoted a friend of Watkins who counseled caution in reacting to the charges. This source stated that “there is another side to the story, which has yet to surface,” and that observers should “keep an open mind” and “not pass judgment too quickly.”
As it turns out, these words were prescient. A judge just dismissed all of the charges against Daniel P. Watkins….
We have the makings of a trend: inappropriate contacts between participants in jury trials. These contacts can be problematic because a jury trial constitutes a delicate ecosystem, in which contacts and communications between actors are regulated strictly to ensure the fairness of the proceedings.
We recently mentioned a case where a juror got sentenced to community service after trying to friend the defendant on Facebook. Well, at least he didn’t try to “poke” her (although perhaps a desire to poke her is what prompted the problematic friend request).
Now we bring you news of, er, more intimate contact between a witness and a lawyer — which culminated in a mistrial….
UPDATE (11:00 AM): Photo of massage therapist Liudmyla Ksenych, a petite and pretty brunette, added after the jump.
Watch to find out what some of our subscribers received in their May box!
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at email@example.com in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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