Archive for August 2011

Our last post on law-related vanity license plates was on Tuesday. We received so many great photos that we couldn’t resist writing another one this week. We are always looking for more, so if you’re a fan of the Law License Plates series, please send in your photos via email (subject line: “Vanity License Plate”).

So, on Tuesday, we wrote about Massholes. Today, we’re writing about a different kind of a-hole: criminal and DUI defense attorneys. These submissions came to us from Texas and Ohio. While these states are far apart, they seem to have one thing in common. Defense attorneys in both states are making straight cash, homey.

After looking at these plates (and the cars they’re attached to), you may want to consider changing your practice group….

double red triangle arrows Continue reading “Law License Plates: Defenders Unite”

We ran a “request for proposal” process several months ago, asking a dozen law firms to make proposals for handling one aspect of our work. We interviewed five finalists, and we chose one winner.

One of the also-rans wrote to complain: “I’m terribly disappointed by the result of your RFP process. My firm is exceptionally talented in this area. We do precisely this same work for many other clients, and those other clients are delighted with our work. We indicated a willingness to be flexible on fees. I just don’t understand why we didn’t win this work.”

Ha! Observe the delusion of personal exceptionalism!

double red triangle arrows Continue reading “Inside Straight: The Delusion Of Personal Exceptionalism”

Morning Docket: 08.04.11

Best un-Photoshopped picture ever?

* Dreamboard is a pretty sick concept for a child porn website, but pedophiles are pretty sick people. At least we busted most of them. [CNN]

* The reports of a possible settlement in the Robert Wone case turned out to be true. Too bad we’ll never know the terms of the deal. [Blog of Legal Times]

* Casey Anthony doesn’t have to return to Orlando because it’s about as dangerous for her to be there as it was for a toddler to be in her home. [People]

* As it turns out, a lawyer was behind the largest Ponzi scheme in the history of Arkansas. I guess that’s an accomplishment he can stick on his résumé. [Arkansas News]

* Sorry, Faye, but sometimes washed up movie stars get threatened with eviction. Even if their rent-controlled apartments are “really quite gross.” [Reuters]

* Thanks to a January incident at Osgoode Hall Law School, SlutWalk is coming to San Francisco. Say it loud, we’re sluts and we’re proud! [Huffington Post]

Stephen McDaniel

I just realized that I share several things in common with Stephen Mark McDaniel, the recent Mercer Law School graduate who has been charged with the grisly murder of his former classmate, Lauren Giddings.

During law school, I served as vice-president of my law school’s Federalist Society chapter. So did Stephen McDaniel (under Lauren Giddings, who served as president).

Through the Federalist Society, I got to meet one of my heroes, Justice Clarence Thomas. So did Stephen McDaniel, who expressed his admiration for Justice Thomas’s integrity.

I once aspired to be a prosecutor and a federal judge. So did Stephen McDaniel, who hoped to serve as a prosecutor on his way to realizing his dream of serving on the U.S. Supreme Court.

Stephen McDaniel’s mother, Glenda McDaniel, once asked her son whether romance was possible between him and any woman. My mother has posed similar questions of me.

Lauren Giddings

And this, thankfully, is where the similarities end. My hair, while sometimes problematic, doesn’t look like the result of “a grizzly bear banging Bob Marley’s mom” (as one ATL tipster described McDaniel’s mane). In law school, I wore khakis and button-down shirts to class, not chain mail (which doesn’t sound very comfortable). I have never been accused of burglarizing apartments (to steal condoms). And I’ve certainly never been accused of murder.

As we reported last night, Stephen M. McDaniel, 25, has been charged with the horrific murder of Lauren Giddings, 27, a bright and beautiful recent graduate of Mercer Law. Giddings’s decapitated torso was found on June 30. The search for the rest of her remains continues.

Let’s take a closer look at this deeply disturbing case….

double red triangle arrows Continue reading “A Closer Look at Stephen McDaniel, Lauren Giddings, and Mercer Law School”

Non-Sequiturs: 08.03.11

* Have you ever seen the MTV Real World contract? Even though the show hasn’t been good in about a decade, the contract is fabulous. [Village Voice]

* At least bankers still know how to throw an offer party. [Dealbreaker]

* The homeless litigator. I guess he’ll be played by Matthew McConaughey in the movie. No word on whether he’s part of the law class of 2010. [Newark Star-Ledger]

* This guy was disbarred for stealing a vacuum cleaner. There’s got to be an easier way to get some suction around here. [Washington State Bar Association]

* Isn’t firing unionized workers hard? [WSJ Law Blog]

* Bush official didn’t realize that being in contempt of Congress could lead to jail time. Figures. [Main Justice]

* This is how you give Google a roofie. [An Associate's Mind]

We would like to extend a big thanks to this week’s advertisers here on Above the Law.

We are honored to have these excellent brands as our advertisers. Please show them your support:

If you’re interested in advertising on Above the Law or any other site in the Breaking Media network, please download our media kits, or email advertising@breakingmedia.com. Thanks.

I recently graduated from a state school in the California State University system as a Philosophy major. My original plan was to go to law school, but I am now thinking I may want to go into accounting instead (due to the terrible job market for lawyers and the 150k debt I’d be faced with).

Particularly, I would like to work at a Big 4 firm. Is this change possible?

— from a question sent into the advice column of Going Concern (the accounting world’s answer to Above the Law). Note the questioner’s less-than-stellar undergraduate GPA.

Over the 13 years I ran Shepherd Law Group, I employed lawyers of varying ages. I had fortysomethings (full disclosure: I’m 43, although I really don’t look a day over 42), I had thirtysomethings, and I had twentysomethings. This last group, the so-called Millennials, were almost a completely different species. For example, in law school, these newbies click-clacked on laptops in the classroom — even during exams. They communicated with law professors using the email. And they had no idea what a mix tape was.

In practice, it turns out that they work differently, too. I remember walking into the office of one of my newer Millennials when she was working on a summary-judgment brief. Her desk looked like the desk of any brief-writing lawyer, with files and cases and books all over it. But what really struck me was her computer desktop. It must have had 20 windows open, many with tabs hiding other screens.

But at least one of the screens was Facebook, and another was an instant-messaging client. I could see that the IM screen was showing an active conversation. Another screen showed Pandora, which was streaming music I didn’t recognize (it was Portishead) at a reasonably low volume.

I was stunned. How could she get the brief done with all these distractions?

So what did I do about it?

double red triangle arrows Continue reading “Small Firms, Big Lawyers: Don’t Trust Your Young Associates!”

Eminem is the Jackie Robinson of rap, not some white guy trying to 'steal' black culture.

During my youth, most of the black people I knew called me an “Oreo.” Not because I liked the cookies. Apparently, I was black on the outside (obviously), but “white on the inside.” It took me a while to figure out why, since politically I don’t think I’ve ever shared a majoritarian view of things. But it turns out that simply by “speaking well,” getting good grades, and insisting on keeping my pants high enough to fully cover my ass, I was “acting white” to certain black kids. The fact that I dance for s**t, can’t hit a jump shot to save my life, and have two parents who spent more time in college than prison surely didn’t help my “street cred.”

Of course, age has taught me that I grew up around a lot of low-expectation-having black kids. Black people with self respect wouldn’t consider childhood-Elie an Oreo. A big freaking dork who should never be invited to a party, perhaps, but not an Oreo.

Now, most black people have had similar upbringings to my own (though, sadly, I’m still the most rhythmically challenged black person I know). Nowadays, my black friends say things like, “Elie, you are the only black person I know who could write a post about the Wire and see yourself as the only white guy on the show.” See, that’s not racist. That’s just funny. That black friend (oh, F-U [Redacted], by the way) wasn’t suggesting that I was an Oreo because of how I acted; he was suggesting it because of who I identified with. That’s fair game.

I bring all of this up because that crucial distinction was totally lost on a Minnesota high school. The school allowed “Wigger Day” to happen on campus, and now it is getting sued.

Yeah, apparently turning a blind eye while your students make fun of an entire culture is something that can get you sued….

double red triangle arrows Continue reading “Lawsuit of the Day: Wigger Day Is So Not Cool”

It comes as no surprise, but going to a college football game at your alma matter is supposed to be fun, even if your team sucks. And generally speaking, Georgia Tech sucks. Okay fine, the team won the ACC title in 2009, but that title was just vacated. Nobody likes a cheater.

But even if your team sucks more than Tori Black, you can still drink the suck away at a pre-game tailgate party. And if you’re heading to a home game at Georgia Tech, you can grab some Chick-Fil-A before the game, too.

And that is exactly what Georgia Tech alum Mary Clayton did before a football game in September of last year. She might not have been drinking before the game, but she definitely wanted to “eat mor chikin,” so she tried to enter the stadium with a chicken sandwich in hand. What started for Clayton as a game to remember turned into a day she’d like to forget, due to an alleged sandwich security strip search….

double red triangle arrows Continue reading “A Strip Search Over a Chicken Sandwich at Georgia Tech?”

If you took the bar exam in July, don’t you think you deserve a present? Some of you were dealing with test site disasters, of both the meteorological and technological variety, while others were busy passing out or popping out babies during the test.

Above the Law wants to reward you for all of your hard work and determination.

So, for all of the people who may soon approach the bench as newly minted attorneys, we’re going to give away a very special — and valuable — prize….

double red triangle arrows Continue reading “Looking for a Post-Bar Exam Present? Enter Our ‘Approach the Bench’ Giveaway!”

Thomas Walkley

Earlier this year, we told you the strange tale of Thomas Walkley. A lawyer in Ohio, Walkley founded and runs Cafe 41:11, a coffeeshop for at-risk youth. Back in January, Walkley was accused of exposing himself to two teenage boys who applied to work at the cafe.

Walkley admitted showing his junk to the teens, but claimed that it was done for educational and mentoring purposes. Guys at my all-boys Catholic high school used to educate and mentor me all the time, it was no big deal.

The authorities didn’t buy Walkley’s argument. They tried to take him to trial.

Now we have some updates on Tom Walkley — plus comments given to Above the Law by a mother whose teenage son worked for Walkley at Cafe 41:11….

double red triangle arrows Continue reading “Trou-Dropping Tom Might Lose His Law License”

Mmm... breakfast.

Yes, they have laws in tropical paradises in the Caribbean. And trials. And sometimes those trials requires a jury of peers to sit in judgment.

But it turns out that island jurors are no more happy to be locked inside in a boring courtroom than we are here on the mainland. Apparently, one jury in the Virgin Islands decided that they were going to treat jury duty as if it was a wonderful vacation. They demanded that they be fed like kings!

And three of them even wiggled out of the service due to their dietary concerns….

double red triangle arrows Continue reading “New Way To Get Out of Jury Duty: Order Lots and Lots of Food”

Just when you thought TV had run out of legal drama series concepts, Sony Pictures TV went rummaging through 2004′s trash and resuscitated this old turd: Dead Lawyers.

The series, originally developed for the Syfy channel, follows “a hotshot defense attorney [who] is run over by a bus and finds himself in his own version of hell: a law firm on earth composed of other dead lawyers, all trying to right miscarriages of justice in order to redeem themselves.” Astonishingly, the show never aired.

But in the bleak 2011 world of Two and a Half Jokes, Cumulatively Men and Jamie Oliver’s Food Revolution, Dead Lawyers just might be solid gold….

double red triangle arrows Continue reading “Fame Brief: And You Thought Lawyers Were Only Dead Inside”

Morning Docket: 08.03.11

* Cozen O’Connor is caught between the parents and lesbian partner of a deceased attorney in a death benefits war. Lawyers’ fees will eat through that profit-sharing plan in no time. [Philadelphia Inquirer]

* Because everything’s bigger in Texas, they’ve got the seventh-largest lawyer surplus in the country. Wrangling a job at the employment rodeo is going to be tough this year. [Texas Lawyer]

* The Betty Ford worker suing Lindsay Lohan for $1M claims she isn’t in it for the money. She just wants to teach LiLo a lesson. I don’t think she needs a lesson in how to write a check. [Radar Online]

* Think you’re getting screwed at your job? Carroll Shelby’s alleged liquor ‘n porn run grope girl definitely has you beat. [Fox News]

* In his second lawsuit this month, Jersey Shore’s Situation is being sued because he refuses to wear things from his own clothing line. DILLIGAF? [Riptide 2.0 / Miami New Times]

* Much to many a tweens’ chagrin, there is no such thing as a constitutional right to be a high school cheerleader. [Chattanooga Times Free Press]

Stephen McDaniel

A recent graduate of Mercer Law School in Macon, Georgia, Stephen Mark McDaniel, has been charged with murder, according to inmate information posted tonight on the website of the Bibb County Sheriff’s Office. As you may recall, Stephen McDaniel was a neighbor and classmate of Lauren Giddings, the slain Mercer Law graduate whose torso was found on June 30, inside a trash bin just outside her apartment building.

McDaniel, 25, was previously identified as a person of interest in the killing of Lauren Giddings, 27. He is currently being held in Bibb County jail, having been charged with two counts of burglary in an unrelated case.

Bibb County jail records are how the murder charge against McDaniel came to light. Let’s take a look at Stephen McDaniel’s inmate information sheet….

double red triangle arrows Continue reading “Breaking: Stephen McDaniel Charged With Murder of Lauren Giddings”

Without paralegals, legal assistants, legal secretaries, clerks, and receptionists, the entire Biglaw model could come to a screeching halt. Speaking as a former legal assistant and full-time law clerk, I know this for a fact.

For some attorneys, if members of the support staff weren’t there to assist, important letters would go unwritten, coffee mugs would go unfilled, pleadings would go unproofread, and envelopes would go unlicked. So attorneys, always treat staff members graciously and respectfully — you never know when you’ll need them to get you out of a bind.

All that being said, we were a little bit shocked when we learned about what is allegedly happening at one of the world’s largest law firms, Baker & McKenzie. Apparently some members of the support staff aren’t getting the kind of support they need….

double red triangle arrows Continue reading “Is the Staff Getting the Short End of the Stick at Baker & McKenzie?”

Non-Sequiturs: 08.02.11

NBA Commissioner David Stern

* The NBA is suing its players for failing to negotiate in good faith. Funny, I think the players are acting with the same “good faith” NBA owners do when they steal teams from loving fan bases or hold cities hostage until they build new arenas. [WSJ Law Blog]

* Having a drunk woman angrily spray breast milk on you is probably not as alluring as it sounds. [Sentencing Law & Policy]

* In other sentencing news, a guy got six weeks in jail for getting his ass kicked by Rupert Murdoch’s wife. [Gawker]

* This is funny because it’s kind of true. [Washington Fancy]

* To win, sometimes lawyers need to be quiet? Man, am I glad I got out of that racket. [Underdog]

* Lawyers should be happy to know that good writing requires doing it over and over and over again. [What About Clients?]

* The market apparently doesn’t like the debt ceiling deal. [New York 1]

Last week a student worked through the night on a document for a big international arbitration. She willingly stayed and worked with a female colleague and did a great job, but she was ­actually asked to do so and that shouldn’t have ­happened.

In future we’ll stick to our policy so this doesn’t happen again.

Nicola Bridge, graduate recruitment partner at the U.K. law firm SJ Berwin, admitting fault on behalf of the firm after a summer associate was asked to work until five o’clock in the morning.

In this week’s Career Center Summer Associate Tips Series, Lateral Link’s Frank Kimball, an expert recruiter and former Biglaw hiring partner, discusses the importance of evaluating your summer associate offer.

Succeeding in a summer program means more than receiving an offer of employment. While receiving an offer is probably the most important objective of a summer program, you have many more responsibilities. First, you must understand the fit between you and the firm, you and a practice area, you and the city, and you and the profession. That you are able to receive an offer of employment does not validate the wisdom of your choice.

Too often the summer zips by in a fog of assignments, reviews, baseball games, dinners at partners’ homes, and cocktail parties. You are making a very important decision. The law firm is not your fiduciary, and your parents cannot make this choice for you. There is no automatic next or right step. Only you can decide about fit, temperament, tempo, and style of practice.

Will your first career choice be the right one?

double red triangle arrows Continue reading “Career Center: An Offer Is Just the Beginning”