Archive for September 2011

You’re sitting in class, listening to your professor give a lecture. On this particular day, the content of the lecture is pretty interesting. You’ve minimized your Facebook window, and you’re actually enjoying yourself. As the class winds to a close, you see, out of the corner of your eye, a hand shoot up into the air. Dear Lord help us all. The gunner strikes again.

Your professor calls on the gunner, who then launches into a five-minute diatribe about some obscure aspect of the law. Class is over, and your classmates quietly sigh and groan as they watch other students leaving their classrooms. Your professor continues to indulge the gunner’s drivel. You’re trapped. Your class runs over, you’re now late, and you’re pissed.

Has this ever happened to you? Don’t you wish that gunners would just disappear?

Today’s Law Student of the Day has an idea that, if set into motion, will revolutionize and forever change the law school experience. What’s his plan, and where does he go to law school?

double red triangle arrows Continue reading “Law Student of the Day: The First Thing We Do, Let’s Kill All the Gunners”

* While med school grads can stop a person from bleeding out, law school grads could probably treat a papercut (but that’s a bit of an overstatement). Who will be there to stop our bleeding? [Am Law Daily]

* Annie Le’s family is suing Yale over her death, saying the school failed to protect women. Yale says the suit has no basis, but when someone has died, that just makes them sound like tremendous d-bags. [CNN]

* The unhappiest workers in professional fields are unmarried, middle-aged, female lawyers. Figures. Maybe we need to arrange some Geriatric Courtship Connections for these gals. [ABA Journal]

* China’s new marriage law interpretation has set women’s rights back a few decades. Next thing you know, women will be back in the kitchen, with bound feet and pregnant. [New York Times]

* Is it defamatory to say someone is a millionaire, not a billionaire? Don’t mess with the Donald’s money. Apparently he has enough of it to appeal even the dumbest of lawsuits. [Wall Street Journal]

* A noise complaint against Madonna will go to trial. Her neighbor was borderline, but the Material Girl’s not sorry. It’s human nature. And I’m all out of applicable lyrics. [New York Daily News]

The results for the August administration of the MPRE have been released! Quick, everyone, run to your computers and check the MPRE Services site at the same time. You’ll get your precious score, but the form might load in reverse warp speed. Or just check your email. Your score is sitting there, I promise.

Check out this chart to see whether you made the grade for your state. And now that you know your score, you can brag or cry about it in the comments to this post.

Congratulations to all those who passed the test. Wednesday is the new Thursday, so go out, have a drink, and celebrate — just make sure that you’re ethical about it.

To all those who didn’t pass, better luck next time. Multiple choice exams are tricky (trust me, I know), but you’ll get ‘em next time. Click here for information about the upcoming test date.

Earlier: Prior ATL coverage of the MPRE

We are just finishing up our first day at the Legal Technology Leadership Summit, our tech conference aimed at in-house counsel. So far it has been a great success. We’ve had no earthquakes or hurricanes — just a passing swarm of lovebugs (seriously), which are now lying dead on my balcony.

This morning, we kicked off with a keynote session from Alan Lange and Tom Dawson, the authors of Kings of Tort (affiliate link), a chronicle of one of the legal profession’s more infamous criminals. It’s actually not that specific to technology, although it does relate to the world of in-house counsel.

Keep reading for an inside look at the politically connected Southern gentleman who transformed from David to Goliath, conspired to bribe a judge, and made many an in-house lawyer’s life miserable…

double red triangle arrows Continue reading “Dispatch from Amelia Island: Inside the Dickie Scruggs Scandal”

Non-Sequiturs: 09.07.11

Wesley Snipes

* I thought the rule for how to cite a blog in your brief was “don’t,” but I have less use for a Bluebook than a homeless orphan (I hear kindling is hard to come by on the streets). [Adjunct Law Prof Blog]

* More analysis on the mean mommy lawsuit reminds me of how much better things would be if somebody — be it a parent or a bully — had slapped these kids upside their fat heads during crucial developmental years. [Healthland / TIME]

* Maybe if more lawyers knew some basic principles of digital masking, they wouldn’t be so terrified when it comes to tipping ATL about the stuff going down at their firms. Either that, or people would make even more fun of me. [An Associate's Mind]

* Culinary school graduates are also unhappy with the employment prospects available to them after investing in additional education. Let me try this maxim out and you tell me what you think: if the education has neither “computer,” nor “science,” nor “military” in the title, you are being charged way too much. [Eater]

* Don’t you love how lawyers can turn any massive failure into a business opportunity? Lawyers are like the bacteria in charge of decomposition in the crisis ecosystem. [Law and More]

* In the game of tax conviction appeals, Wesley Snipes came up a little bit short. Kind of like the time he slid into second base too early and stopped before the bag. (New rule: all Wesley Snipes tax references must be accompanied by a Wesley Snipes movie reference.) [TaxProf Blog]

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There is some bitterness in the Potato State.

Can you withdraw from a criminal case simply because you think the court is “lazy” and “incompetent”? I’d think “no,” otherwise defense lawyers would have a legitimate out well over 50% of the time. But one lawyer in Idaho is making the case that he should be let out of his obligations because he can’t stand the court.

There are positives with the test attorney Eric J. Scott would like to apply. Would that we could drop out of anything simply because the people we work with are lazy. But at the end of the day, it’s hard to tell if Scott is reasonably concerned that the court is too stupid to be respected, or if he’s just bummed that he’s losing….

double red triangle arrows Continue reading “Idaho Lawyer Lashes Out at Court In Motion To Withdraw”

Our last post on law-related vanity license plates was about three weeks ago. We’re always looking for more photos, so if you’re a fan of the Law License Plates series, please send some in via email (subject line: “Vanity License Plate”).

Today, we are writing about lawyers who have announced their dating qualifications on their license plates. Maybe these folks are fans of our Courtship Connection series, but they’re too afraid to go on blind dates. Let’s help these people out, because they seem to be single and looking in California and New York.

Let’s check out our Dating Game contestants….

double red triangle arrows Continue reading “Law License Plates: Welcome to the Dating Game”

Chief Judge Alex Kozinski (in 2008 and today)

Chief Judge Alex Kozinski of the Ninth Circuit continues to provide us with awesome anecdotes. Back in July, for example, we related a fun story pertaining to his naturalization as an American citizen.

It was an inspiring immigrant story, but it was primarily of historical interest. Cool as it was, it did not have huge relevance to the day-to-day practice of law.

Our latest law-related tale about Chief Judge Kozinski has practical ramifications. California lawyers, you should keep reading; you never know when this knowledge might come in handy.

Also handy: diet tips from His Honor, who has dropped quite a bit of weight lately….

double red triangle arrows Continue reading “A Heartwarming Story — Plus Diet Tips! — From Judge Alex Kozinski”

Luz Herrera

The economy had to tank and a lot of people had to become unemployed for law schools to ask: ‘How can we help people hang out their shingle?’

Luz Herrera, a professor at Thomas Jefferson School of Law, commenting on the need for law schools to establish solo practice incubators. In 2007, CUNY School of Law was the first school to introduce such an innovative program for its graduates.

Recently I talked to a fourth-year-associate friend of mine who’d been working at a new small firm for several months. When I asked him how it was going, he said “great” in a way that suggested anything but. So I pressed him for more. The work was fine, he insisted. The clients were fine. His associates were cool. Great, I said. So what was the problem?

Well, he finally let on, there was this partner.

OK, I said. What about this partner?

Well, he said, he’s making my life a living hell. In fact, my friend said, it was so bad, he was thinking of leaving the firm.

What made this partner so horrible?

double red triangle arrows Continue reading “Small Firms, Big Lawyers: Supervising Partners and Teaching Partners”

Ah, high school. Such fond memories.

Here at Above the Law, we know that lawyers like detailed instructions for completing even the simplest of tasks. It follows that the future lawyers of America need similar instruction. Recall that law students at Cardozo Law School needed to be told how to walk in the snow.

It’s the beginning of a new school year, and starting fresh at law school is hard. So, if you think walking is tough, just imagine the anxiety that law students across the country were confronted with when they received their locker assignments.

These kids must have so much pent up post-traumatic stress from getting shoved into their lockers in high school that they repressed the ability to use combination locks. Where do these students go to law school, and what is the school doing to assist them?

double red triangle arrows Continue reading “How Can Law Students Win the War Against Their Lockers?”

Greetings from the Ritz-Carlton in Amelia Island, Florida. It’s lovely here (despite the presence of a few love bugs). We can see the ocean, hear the tides, and smell the salt air from our oceanfront balconies.

Three members of the Above the Law team — David Lat, Elie Mystal, and Chris Danzig — are down here to cover the first annual Legal Technology Leadership Summit. The Summit — hosted by ATL, the Electronic Discovery Institute (EDI), and the American Society of Digital Forensics & eDiscovery (ASDFED) — brings together thought leaders and decision makers from throughout the legal profession, including judges, academics, and senior in-house, law firm, and governmental lawyers.

You’ll be seeing coverage of the conference in these pages over the next few days. You can also follow the proceedings in real time over Twitter, through the feeds of our three correspondents — @DavidLat, @ElieNYC, @ChrisDanzig — or by searching for tweets collected under the #LTLSummit hashtag (by our reporters and by conference attendees).

You can read more about the Summit over at the conference website. Thanks to our distinguished speakers and generous sponsors for making this event possible.

Morning Docket: 09.07.11

Beata Boman: See what I mean?

* Sprint hopped in bed with Skadden to sue AT&T over its proposed merger with T-Mobile. Somewhere in America, the Verizon guy is cackling with glee. “Can you hear me now, b*tches?” [Bloomberg]

* “I would love to dominate and humiliate and degrade you, privately of course.” Remember this guy? Six of the nine charges against attorney Robert Hoffman have been dismissed. [ABA Journal]

* Another sport, another months-long lockout. NBA owners and players better make a deal soon, or else this year’s basketball season is going to get benched. [New York Daily News]

* Utah wants to throw out the Sister Wives bigamy suit because no one really cares about polygamy except television viewers. Lawsuits are great for Nielsen ratings, though. [Deseret News]

* Ah, the strange anatomy of a privacy lawsuit settlement. Next time you decide to take naked pictures, make sure your laptop didn’t fall off the back of a truck before saving them. [ABC News]

* Socialite Beata Boman got a great deal on her larceny charges. She stole a scarf, but she probably should’ve stole a blazer that fit her massive boobs, instead. [New York Post]

As many might guess, I’m not a big fan of walking. I find the activity primitive in terms of travel, and I think people under the age of 70 who use walking for “exercise” should be hunted by wild animals for my amusement.

But as a form of meeting, walking makes a lot of sense. I’ve heard of people who have running meetings, and that seems stupid to me. One’s ability to make a decision should not be artificially limited by one’s physical fitness. But a walking meeting would seem to attract only those who really wanted/needed to be at the meeting, and the informal nature of the strolling activity would probably limit self-centered monologues.

It should go almost without saying that the person ready to implement this concept is an academic out in California. That’s right, a law school out west is ready to bring you the walking office hours….

double red triangle arrows Continue reading “Walk With Me”

Non-Sequiturs: 09.06.11

Accepted in Utah.

* Prop 8 made an appearance today at the California Supreme Court before newly seated Justice Goodwin Liu. As suspected, the liberal Liu immediately made the proponents have sex with each other as he cackled “I hate families.” [Poliglot / Metro Weekly]

* Next time a TSA agent sticks her hand down your pants and cops a feel, try not to call it “rape” on your blog. Instead, maybe just admit that you were asking for it by showing up to the airport dressed in all them clothes. [Techdirt]

* After Labor Day, consider that “every day should be a day to care about working people.” And don’t forget that even though judges live in impenetrable fortresses of justice, they are people, too. [Underdog]

* Here’s a good one for the 1Ls. If you’re a grieving mother and your boss forces you to remove pictures of your dead daughter from your cubicle as if she never existed, is he intentionally inflicting emotional distress upon you? Nope, but he sure is a douchebag. [Courthouse News Service]

* “In my day, we used to walk 70 miles to school…” Next time grandpa forces you to hike the Grand Canyon and starts with this old codger rhetoric, give your mom a call. That’s not legal. [CBS News]

Grandpa's idea of fun.

* If you have time to read real books, maybe you should check some of these out from the library. Do those even exist anymore? Ugh, just download them to your Kindle. [Constitutional Daily]

* One is the loneliest number, especially if you’re supposed to be in a partnership. Professor Larry Ribstein has some ideas on what ought to happen post-breakup. [Truth on the Market]

* Ahoy, me matey. This law blogarrrr wants ya t’ know that if ya want t’ trade for booty usin’ yer gold doubloons, steer yer ship toward th’ land o’ many wives. [Adjunct Law Prof Blog]

We have been tracking — as have other news outlets, such as the New York Times — which leading law firms offer the perk we’ve nicknamed the gay gross-up. If you’re inclined towards formality, you can call it the “tax offset for domestic partner health benefits.” For an explanation of what this perk is all about, read this prior post.

Since our last round-up, additional prominent law firms have adopted this policy. Let’s check out the latest list….

UPDATE (9/7/11, 12:30 PM): We’ve added to our list since it went up yesterday.

double red triangle arrows Continue reading “Biglaw Perk Watch: More Firms Adopt the Gay Gross-Up”

Nepotism is not a new concept. I would bet that anyone reading this article can imagine an example where nepotism played a role in one’s obtaining a legal job, rising to prominence at a law firm, or securing a client. Some people, including myself, used to scoff at those people. I thought that one should rise or fall based solely on his merit. I was wrong (and naive).

What made me change my tune? Two things. First, I recently came across a study that concluded that ants practice nepotism. The ants can distinguish who their closest relatives are and kill their more distant relations. If ants practice nepotism, that means that we should, too. As the saying goes, if birds do it and bees do it (and even educated fleas do it), we should do it, too.

Second, I recently became a part of a new ant colony. For the next three months, I will be working with my dad. After two days of working together, I can now say that nepotism rules. Screw meritocracy….

double red triangle arrows Continue reading “Size Matters: In Praise of Nepotism”

Our research shows that inner work life has a profound impact on workers’ creativity, productivity, commitment and collegiality. Employees are far more likely to have new ideas on days when they feel happier. Conventional wisdom suggests that pressure enhances performance; our real-time data, however, shows that workers perform better when they are happily engaged in what they do.

Teresa Amabile and Steven Kramer, authors of The Progress Principle (affiliate link), in a New York Times op-ed piece, Do Happier People Work Harder?

Who celebrated Labor Day with an end of summer bash, and who was too busy laboring away on billable work?

Tell us by taking our short and confidential survey, brought to you by Lateral Link, and then check back later in the week for the survey results. In the meantime, you can visit the Career Center to find out more about the vacation policies at the nation’s top Biglaw firms.