Archive for September 2011

For the next few months, I am working and living in San Francisco. It’s not surprising, but I have met some interesting folks since I moved here. And, I have learned not to sit down on any public space.

It is safe to say to that it is a different world here than in Chicago. This difference, I have learned, is present not only outside of the office, but inside as well. How? No, people do not go to work naked (at least not many). According to several small-firm attorneys, this difference manifests itself in a work culture that stresses healthy competition in a supportive environment.

Let’s examine this difference in a little more detail….

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If learning to do this was mandatory in 3L year, law schools would be doing you a favor.

The stripper with the heart of gold who shakes what her momma gave her to make it through school would be a Disney movie if it didn’t require so much T&A. We know that “I’m doing it to pay for school” is the go-to line whenever you meet a stripper in a situation where she’s expected to keep her clothes on. Most of the women who claim that they need to strip to pay for school haven’t actually read anything since their last visit to the clinic. But for a fair number of strippers, tuition or debt repayment is a chief motivator.

Most women who go to law school think that their advanced education will buy them out of taking their clothes off for money (unless, you know, it’s partner money). But as a practical reality, stripper skills are very useful. It’s a job that can be done while in school or immediately after that pays a lot of money for relatively brainless work. It’s no more exploitative than working a law firm job. And in this economy, that law firm job is probably only available to the few women who are too ugly to strip or are willing to put out.

Hell, as we’ve previously reported, some strip clubs are even proactively screening for advanced degrees.

For today’s tale of a lawyer cum stripper, we have a young lady who has ended up stripping to pay her bills and law school debts. It’s not a sob story, though; she says that in one sense the job is less hostile than any law office she’s worked in…

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From the Bar to the Pole

Martin Luther dropped out of law school and he did just fine for himself.

Not all of our coverage of law schools is depressing; we bring you happy stories as well. In recent weeks, we’ve written about one law school dean’s creative (and healthy) student outreach program, a law student demonstrating kindness to animals, and someone having fun — perhaps too much fun? — in the library.

Let’s continue the good cheer. Back in the spring, we wrote about a law student who was thinking of dropping out of school. He sought our advice — and, surprisingly enough, my colleague Elie Mystal advised this fellow to stay in school (even though Elie is generally not a fan of legal education).

Some commenters disagreed with Elie (shocker), and urged the kid to drop out. But now we bring you an update suggesting that perhaps Elie’s advice was sound….

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Last week, we asked readers to submit possible captions for this depressing photo:

For those of you who are just joining us, this homeless man’s hat reads “FORDHAM LAW.” Let’s have a look at what our readers were able to come up with, and then vote on finalists….

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Yesterday was the tenth anniversary of the day a little-known heroin addict called Russell Brand turned up for work dressed as Osama Bin Laden, and was promptly fired by his then-employer, MTV.

After some ensuing years knocking around the lower echelons of British light entertainment, Brand got himself together and landed a role presenting the VMAs — from which he launched himself into mega-stardom when he branded George W. Bush a “retarded cowboy fella.”

Now, you don’t get career paths like that in law. Having said that, I do know of a London Biglaw associate who was once asked to replace his brightly-coloured socks with a more sober pair in advance of an important client meeting, in which he performed impressively.

Please don’t interpret that as a snarky suggestion that all lawyers are boring. As legal market-watchers well know, many attorneys — especially the litigators — are often anything but. They’re just good at hiding the madness. Usually, anyway….

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Judge Sam Sparks: Probably not smiling now.

The benchslapper has become the benchslapped. Judge Sam Sparks, of the U.S. District Court for the Western District of Texas, just got smacked around by a higher authority: Chief Judge Edith Jones, of the U.S. Court of Appeals for the Fifth Circuit.

Last month, Judge Sparks issued a sharply worded order in which he compared the counsel appearing before him to squabbling schoolchildren — and invited them to a “kindergarten party,” where they would learn such lessons as “how to telephone and communicate with a lawyer” and “how to enter into reasonable agreements about deposition dates.” In the end, Judge Sparks ended up canceling the party, after the publicly shamed lawyers worked out their issues — but not before his infamous order received national attention within the legal community.

Many observers were amused by Judge Sparks’s order — which was not the first time His Honor has gotten saucy with lawyers in recent weeks (or in his judicial career, for that matter). But a minority felt that the order was over the top and gratuitously nasty.

Among the unamused: Edith Jones, who oversees the federal courts of Texas in her capacity as Chief Judge of the Fifth Circuit. What did she have to say to Sam Sparks?

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Morning Docket: 09.13.11

* Mississippi’s “personhood” ballot measure could ban not only abortion, but birth control, too. This is supposed to “protect women.” Protect women from what, their right to choose? [Huffington Post]

* This defense attorney has seen plenty of big cases before, but this may be his biggest one yet. Paul Bergrin has been given the green light to represent himself in his own racketeering case. [The Record]

* More doctors are facing criminal charges than ever before. Here’s an idea: stop helping cultural icons (yes, this includes Anna Nicole) OD, and we’ll stop prosecuting you. [Thomson Reuters News & Insight]

* Raj Rajaratnam still has no idea why he’s been convicted of insider trading, but he’ll have plenty of time to ponder the law if he gets the maximum sentence later this month. [Bloomberg]

* “One of the plaintiffs, Kyle Rooker, 14, has not declared his sexual orientation but . . . likes to wear glittery scarves and belt out Lady Gaga songs.” Most fabulous plaintiff ever? [New York Times]

* Why the hell does Baker & McKenzie think that its associates in Japan need spiritual guidance? Everyone knows that lawyers have no souls. [Careerist]

Ed. note: Have a question for next week? Send it in to advice@abovethelaw.com.

Dear ATL,

One of the partners in my practice group is very involved with a charity. About once a month or so, we get hit up with various updates on the cause, requests to donate, attend charity events, subscribe to newsletters, etc. He’s even made a few presentations about the charity during practice group meetings. This charity has absolutely nothing to do with legal work and frankly it’s getting really annoying.

As an associate, is it OK to unsubscribe from his charity’s email (not sure how I was signed up in the first place)?  Will he know?  Will it affect my partnership chances?  Am I obligated to donate?  Will he know?  Will the other partners know?

-Hit ‘Em Up Style

Dear Hit ‘Em Up Style –

Part of the reason they pay you associates so much is that your exorbitant salaries already factor in the bullsh*t expenses that come with the job: student loan payments, business wardrobe, personal training, late night online electronics purchases, therapy, top shelf alcohol so as not to be totally incapacitated when you get a work email the next day… and partner pet projects. And yes, they’re watching….

double red triangle arrows Continue reading “Pls Hndle Thx: The Panhandling Partner”

Non-Sequiturs: 09.12.11

I think every year the Nobel people should give out an Oppenheimer. It goes annually to the person who inadvertently totally screws up the world the most.

* Now that the guy who invented the TSA admits he made a mistake, I think he and J. Robert Oppenheimer should get jackets made. Oppenheimer’s could say “I am become death.” The TSA guy’s says “I am become fear.” [Constitutional Daily]

* Practicing financial services attorneys, be honest: regardless of your political affiliation you love Dodd-Frank like a pimp loves fleet week. [Truth on the Market]

* Americans have irrational pessimism about the economy? Irrational? I’m pretty sure that Americans will start taking a “rational” look at the economy once they land their fictitious jobs and cash in their imaginary raises. [Forbes]

* If you are black and gay and live in Mississippi you either: A) love the state of Mississippi, sexually, or B) have not yet been told that you’ve been emancipated are are free to go. [The Root]

* Here’s a pretty interesting FCPA podcast. You can tell it’s legit because it starts off talking about Haiti, a place that would probably be less corrupt if the government wasn’t periodically washed away by hurricane or junta. [This Week in FCPA]

The job market remains challenging for graduating law students. Here at Above the Law, we try to do what we can to bring opportunities to the attention of 3Ls. In recent weeks, we’ve discussed judicial clerkships and the DOJ Honors Program.

Granted, clerkships and the Honors Program are opportunities that are (1) fairly obvious and (2) extremely competitive. Some of you might be asking: Have any other bright ideas, Team ATL?

As a matter of fact, we do….

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Dr. Jeffrey Wisoff

Sex is like petting something furry for the first time.

– a comment allegedly made by Dr. Jeffrey Wisoff, a pediatric neurosurgeon, to Kristen Haight, a pediatric nurse, after Dr. Wisoff discovered that Haight may be a 41-year-old virgin.

size: larger;”>Haight is suing NYU Langone Medical Center for $45 million over the hospital’s alleged failure to protect her medical records.

Robert Ruyak

One of the most colorful characters in the saga of Howrey LLP, the once-thriving law firm that dissolved this past March, was Robert Ruyak, former chairman of the firm. How many law firm leaders write inspirational poetry for their summer associates?

Alas, many at Howrey found Ruyak’s leadership to be less than inspiring. He was frequently cast as the villain in the demise of the firm, which he led for over a decade before its dissolution. As noted by the WSJ Law Blog, Ruyak was criticized “[i]n some corners of the blogosphere” for “not respond[ing] swiftly enough to declines in the firm’s productivity” and “not sufficiently shar[ing] management responsibilities with his fellow partners.” According to the American Lawyer, he caused the firm to overexpand, taking on too much risk — in the form of lateral partners and contingency cases, among other things — when it should have been buckling down for tough times ahead.

Today brings news that Robert Ruyak has found a new professional home. Where’s he going?

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A Law School built on a lie?

Just last month, Villanova Law was busy receiving a light slap on the wrist from the American Bar Association for the crime of falsifying admissions data to the ABA. Obviously, law schools misreport information to the ABA so that they can make the same false statements to U.S. News for the benefit of the law school rankings.

Since the U.S. News rankings help law schools pay the bills, and U.S. News does not have a data point for “censured by the ABA,” the ABA’s censure penalty seemed particularly ineffective.

But the news of today makes the way the ABA handled the Villanova situation look like even more of a joke. That’s because another law school has been busted for reporting inaccurate admissions information….

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Name-calling has been a part of our lives since roughly the second grade. “I’m rubber, and you’re glue. Whatever you say bounces off me and sticks to you.” How many of you remember employing this clever retort as a kid? It didn’t do much, but at least you could later be smug about the fact that the kid who tried to insult you was actually the stinky-stink-face, not you.

So, you’d figure that when people grow up, go to law school, and get real jobs as attorneys, then the name-calling would stop. But you’d be oh so wrong. With the advent of modern technology, name-calling is ten times easier than it was before. Lawyers can now insult colleagues in the blink of an eye and with the click of a button, making for great email scandals.

But has name-calling become a part of law firm culture? One wrongful-termination suit claims that it has….

double red triangle arrows Continue reading “I’m Rubber and You’re Glue: Is Name-Calling a Part of Law Firm Culture?”

During my 25 years litigating at law firms, I fretted about two words: “winning” and “losing.” (As one old-timer put it: “They don’t pay you twelve dollars a minute to lose.”)

Now I’m in-house, and I’m still fretting about two words: “probable” and “estimable.”

What happened?

The accounting rules require corporations to take a reserve (which causes an immediate hit to revenue) when a “loss contingency” (which is accountant-speak for lawsuits, among other things) becomes probable and estimable. If it’s likely that you’re going to lose, and if you can estimate the amount (or, at least, the lower bound of the amount) of the loss, then it’s time to take a reserve.

This can make in-house life odd….

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And Then It Was 9/12

Image via Getty

Yesterday, we (and every other media outlet) ran our solemn 9/11 remembrance post. In general, I thought the media handled the day fine. I thought the NFL handled it in an unseemly “Are we not RESPECTFUL” fashion, and don’t even get me started on the companies who used 9/11 to push their products. I thought it was assumed that most companies were against global terrorism but until the Budweiser Clydesdales bowed, I wasn’t sure. I guess I should be happy that they didn’t have the Miller High Life guy busting into a cave and taking away a case of non-alcoholic beer from a terrorist.

In any event, today will be the predictable day where the media now takes a closer look at the aftermath of 9/11. And by “closer look,” I mean “report on everything that’s gone horribly wrong since 9/11.”

Gawker already got that ball rolling. I’ve got a really heartwarming story from a law firm that I want to share before I “take a closer look” at the week after 9/11….

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* In November, the Supreme Court will decide whether our Fourth Amendment rights come subject to advances in technology. I, for one, welcome our new Orwellian overlords. [New York Times]

* What do you get when two wireless carriers with craptastic coverage and service that goes down more than a porn star have plans to merge? Who knows, but AT&T says it’s a good thing. [Bloomberg]

* Class actions are pretty pricey, so it would be great if Groupon offered its employees a special on overtime pay. That daily deal would reach the required minimum. [Crain's Chicago Business]

* Would that Stephen McDaniel had once posted online about where he would hide a “hypothetical” body. The search for the remains of Lauren Giddings continues this week. [Macon Telegraph]

* Stephen Zack, immediate past president of the ABA, is donating $800K to his alma mater to promote diversity. Promoting employment is apparently still on the back burner. [Miami Herald]

* Do fat people have rights under the ADA? White Castle, if your customers are too large to fit into your booths, the solution isn’t to send them coupons for more fast food. [New York Post]

Ed. note: This post is authored by Evan Jowers and Robert Kinney of Kinney Recruiting, sponsor of the Asia Chronicles. Kinney has made more placements of U.S. associates and partners in Asia than any other firm in the past five years. You can reach them by email: asia at kinneyrecruiting dot com.

Please check out our daily blog, www.theasiachronicles.com! There you will find all our ATL posts, as well as many more posts and numerous daily Asia big law news articles. This week we have another new post by Alexis Lamb, “Mongolia And Then Some…,” (Yes, we have made a recent US associate placement in Mongolia!) and a number of Asia big law news articles.

A good number of our placements over the last six years have been of Korean-speaking attorneys, most of whom are Korean natives who were educated in the United States after a preliminary legal education in Korea. There are very few UK-trained Korean transactional lawyers interested in practicing in Asia. [If there are any out there we don’t know yet, we hope you will get in touch.]

In the earlier years of our practice involving placement of these lawyers, we had a large contingent of junior to mid-level candidates who had little interest in Korea as a place to lateral to, although some moved to Korea to work in Korea firms, for family reasons, or because it was easier for them to land positions in Korean firms than in US or UK firms. Some of our more senior Korean US associate candidates over the years have been making strategic career moves to Korean law firms, as well as moves there for family reasons.

Many Korean US associates based in US have long realized that if they wanted to work on deals where their Korean cultural and language skills would provide a head start over others, they needed to do this from overseas in Hong Kong or Tokyo (most likely in Hong Kong, where most Korea practices are based). Increasingly, though, the question has changed from, “What firms in Hong Kong or Tokyo have the best Korean practices?” to, “How soon is it going to be possible for my firm to open in Seoul?” In this post we will attempt to describe in very basic detail the legal framework under which firms who wish to be in Korea as soon as possible can be there. We will also discuss the reasons why the expected boom of Korean US associate hiring in Hong Kong and Seoul, at UK and US firms, in 2011 has been thus far beendelayed for 6+ months.

Historical View of Korean Legal Market for Foreign Legal Consultants

By necessity, due to the closed nature of the legal market in Korea, lawyers admitted in the United States have historically had two choices: these attorneys could either be based in other jurisdictions around Asia (Hong Kong and Tokyo predominately) but fly into Seoul on a regular basis for transactions (and Karaoke), or they could move to Korea to work in a Korean law firm as a foreign legal consultant (“FLC’s”). Some of the most well known transactional firms who have employed FLC’s include: Kim & Chang; Bae, Kim & Lee; Lee & Ko; Shin & Kim; Yulchon; Hwang Mok Park; and Kim, Chang & Lee; Lee & Ko (just to name a few of the best known such firms). For years these firms and others like them have held sway over the indigenous Korean legal market. By virtue of their power to block international competition, they have done very well in the hiring market and some of the more senior partners have earned US top-firm money.

double red triangle arrows Continue reading “The Asia Chronicles: Korea – The Next Frontier – But When?”

Today marks the tenth anniversary of the September 11 attacks. Throughout today, people have been looking back and reflecting on the tragic events of 9/11, as well as remembering and praying for the thousands who perished on that day.

Scanning the Twitter and Facebook feeds of my friends, I’ve seen competing impulses. Most people’s posts have been somber and sad. Some have taken the opportunity to reaffirm America’s greatness; others have used the occasion to criticize U.S. foreign policy, especially in the Middle East. Now that the day is coming to an end, some have expressed 9/11 fatigue.

If you have 9/11 fatigue, you can stop reading here. But if not, please continue….

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Today is Friday, September 9, 2011. Do you know why today is special? Here’s the answer:

Yes, that’s right — we’re smack dab in the middle of the clerkship application season. Today was the first date and time (10 a.m. Eastern) when judges could contact applicants to schedule interviews, pursuant to the official law clerk hiring plan.

Let’s talk more about the process — and hear from those of you who are going through it….

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