Archive for December 2011

Morning Docket: 12.20.11

* The Supreme Court will hear oral arguments on Obamacare over three days in March. Let’s fast forward to June so we can see how Election 2012 is going to turn out. [Blog of Legal Times]

* The Grinch definitely stole AT&T’s Christmas this year, and even a team of Biglaw superstars couldn’t save the day. The company’s merger deal with T-Mobile is now officially dead. [Am Law Daily]

* A bed and breakfast owner told this lesbian couple aloha before they could even say aloha, and now they’re suing. And here I thought that Hawaii specialized in tiny, gay bubbles. [Washington Post]

* James Franco doesn’t just get bad grades on Rotten Tomatoes. José Angel Santana, one of his former professors, has filed a lawsuit saying NYU fired him for giving the actor a “D.” [Reuters]

* Snooki, Jersey Shore’s drunken munchkin, is being sued for $7M over a licensing deal gone bad. The worst part is that even if she paid up, she’d still have oodles of money in the bank. [Daily Mail]

* Sick of law school? Get all of your bitching down on paper, and turn your rage-filled manifesto into a short story for submission to the JLE Legal Fiction Contest. [National Law Journal]

'Who needs cash? We have these nifty red hats!'

Over the weekend, I had dinner with a friend of mine who used to work as a paralegal at a small law firm. She told me about how one year, for the holidays, all the lawyers chipped in to get her a gift certificate to a spa, so she could get herself a massage.

I said it sounded like a nice gesture. This was not the reaction my friend was going for in telling the story; she viewed the gift as an insult. Her view: Christmastime is the time to show me the money.

I can understand that perspective for secretaries or administrative assistants. As we’ve discussed before, if you’re an attorney you should give your secretary a holiday gift that’s either cash or a cash equivalent (like an AmEx or Visa gift card). As a legal secretary once told us, “if you decide on giving gift certificates [to specific stores], I sincerely hope your next bonus will be paid in the same currency.”

But paralegals, at least at large firms — my friend who got the massage certificate worked at a small firm — are a trickier proposition. Over the course of a year in Biglaw, a lawyer might work with many different paralegals, on a wide range of matters. Are you expected to give gifts to all of them?

So what should a lawyer do with respect to holiday gifts for paralegals? And, of course, what’s the “going rate” for holiday gifts for secretaries in 2011?

Let’s conduct some reader polls, and open up the comments for discussion….

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Non-Sequiturs: 12.19.11

* Someone figured out exactly what’s on every nerdy lawyer’s holiday wish list: an iPhone app for PACER. Get it while it’s hot — it’s free! [iTunes App Store]

* The First Amendment will always reign supreme, even if people are harassing religious old ladies on the Twitter. [Underdog]

* Legalizing same-sex marriage is like eating your vegetables. You might not like it, but it’s good for your health. [Jezebel]

* This is quite possibly the worst “bitch owed me money” story ever. What kind of a person sets a grandma on fire? In an elevator? [TIME]

* Thanks to technological innovations, friending people online might soon carry more meaning than friending them in real life. [What About Clients?]

* Go ahead, get up and tweet about the location of DUI checkpoints. Just make sure you take those 12 steps back to your seat when you’re done. [Legal Blog Watch]

* My birthday is on Wednesday. If you want to give me a present, you can vote for Above the Law in the ABA Journal’s Blawg 100, under the “News” category. [ABA Journal]

The former military intelligence analyst accused of leaking hundreds of thousands of documents to WikiLeaks has spent the last four days in a Maryland military court, undergoing a hearing to determine whether or not his case will proceed to court-martial.

For those new to the party, 24-year-old Bradley Manning is accused of committing the biggest security breach in American history. He has been in detainment for the last 19 months, and he faces a multitude of military charges.

The Article 32 hearings, which began on Friday, are something akin to grand jury proceedings in civilian court. At the end, Investigating Officer Colonel Paul Almanza, an Army Reserve officer and Justice Department prosecutor, will decide recommend whether Manning’s case will proceed to court-martial.

So far, the hearings have been interesting to say the least. Let’s see what’s going on….

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Nicki Bajaj and Nicki Minaj

Somebody please tell him who the eff I is
I am Nicki [Bajaj], I mack them dudes up
Back coupes up, and chuck the deuce up.

(I have no idea what “macking … dudes up” involves. I just hope it’s legal in the state of Illinois.)

Is Reema Bajaj, the attractive solo practitioner accused of practicing more than law, trying to capitalize on the fame of Nicki Minaj, the rapper-singer-songwriter behind such hits as Super Bass (quoted supra)? It seems that Bajaj, the comely young Illinois lawyer who’s going to trial in March 2012 on prostitution charges, has rebranded herself as “Nicki Bajaj.”

Let’s hear from a tipster, and check out the exciting new website of Reema — er, Nicki — Bajaj….

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UVA is a hell of a law school.

So, I finally caught Your Body On Drugs, the Discovery channel program narrated by Robin Williams in which scientists make people who are high on drugs perform various tasks. Frankly, I thought it would be a little bit better — like, American Gladiator, only with people on cocaine instead of steroids.

Anyway, there’s this part where the cokehead is saying cokehead things, and Robin Williams says something like “cocaine gives the users an inflated sense of self-confidence.” Then the cokehead puts together a bookshelf by balancing the wood in a general cube shape instead of actually screwing things in; it looks great but can’t actually hold any books. At the time, I thought, “Man, this is like going to UVA Law School.”

Oh, I kid, UVA Law students. But between the alleged criminal activity of current students, alleged tall tales told by former students, and all the popped collars, you gotta ask if a little humility might do the campus good?

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If you’re a lawyer, and some of you that read this are, you know it’s time to start trying to convince yourself that you’re going to do wonderful things “next year.”

Advice is readily available on the internet about the proper way to set goals, but as usual, I am here to help you ignore all of that. No reason to go to websites like mindtools.com that begin with a clear shot at Biglaw by stating: Many people feel as if they’re adrift in the world. They work hard, but they don’t seem to get anywhere worthwhile.

So mean.

Anyway, here is my surefire way to have a great 2012 as a lawyer….

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With just two weeks left in the year 2011, we thought that now would be a good time to ask you, our loyal readers, to submit your nominations for Above the Law’s fifth annual LAWYER OF THE YEAR competition.

We’ll be running the show just like we’ve done it in the past: you submit your nominees (in the comments to this post), we’ll review them and pick a slate of finalists, and then you’ll vote on them in a reader poll.

The winner will be bestowed with the glorious, honorific title of ATL’s Lawyer of the Year for 2011.

So, what are the criteria for nominations? We’ll break it down for you….

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I’m really enjoying the newfound interest from the New York Times about the state of legal education. Times reporter David Segal seems genuinely interested in recording the growing tragedy of American law schools.

Concern from mainstream media is great, but the proposed solutions are a little bit scary. Last month, Segal Slate explored the possibility of paying people to not go to law school.

As we mentioned in Morning Docket, Segal is at it again. This time, he’s questioning the American Bar Association’s role in keeping the cost of legal education so high. Unfortunately, the solution seems to be letting everybody who wants to open a law school do so.

Is it worth pushing down the price of legal education by offering really crappy legal education?

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It seems that founding partner John Quinn isn’t the only one at Quinn Emanuel with a surplus of Benjamins right about now. On Friday, the litigation powerhouse announced its 2011 year-end bonus scale — and, for the most part, it’s more generous than the benchmark Cravath bonus scale.

We say “for the most part” because, for associates billing under 2100 hours, the scale is below Cravath — but just slightly. And it’s our understanding that not many QE associates bill less than 2100 hours anyway.

Let’s take a look at the details….

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By virtue of writing this column, I’ve seemingly become the shoulder upon which the disaffected cry.

I hear from recent law school graduates who can’t find jobs. (I can’t help.) I hear from law firm associates looking to move to relatively junior in-house jobs. (I can’t help.) And I hear from partners with decades of experience who’d like to replicate my relatively recent move and jump from a big-firm partnership to a relatively senior in-house job. (I can’t help there, either.)

I’m devoting this column to thinking about the third of those three groups: disaffected partners.

The plight of the recent graduate is easy to understand: You’re massively in debt, looking for work, and can’t find a job. I get it. The plight of the associate is also easy to understand: You’re working too hard, not enjoying much of what you do, and have only an uncertain future. I get it.

But the plight of the big firm partner is different: You succeeded at law school, succeeded at your law firm, have hot and cold running associates at your disposal, are being paid the riches of Croesus every year, and are perceived by the world as being wonderfully successful. What the heck are you complaining about?

Remarkably, it seems as though you’re all complaining about essentially the same thing . . .

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* It’s about freakin’ time. Guess who’s jumped on board the ever popular “blame the ABA” bandwagon? None other than David Segal, the New York Times equivalent of the law school scam blogger. [New York Times]

* Newt says that as president, he’d ignore SCOTUS decisions. Raise your hand if you want to elect someone who doesn’t understand our government’s system of checks and balances. [Los Angeles Times]

* Remember that time you applied for the DOJ Honors Program? You were probably rejected because you were a damn, dirty, liberal hippie. [CNN]

* Facebook is threatening to sue Mark Zuckerberg. No, not one — he founded the company. The other one — no, not the lawyer. This guy: the “ultimate Facebook troll.” [Hollywood Reporter]

* “We are the 99 percent.” You know that our country is circling the drain when even Yale Law thinks that the Occupy Wall Street movement coined 2011′s quote of the year. [ABC News]

* North Korean dictator Kim Jong Il has died. Say hello to his slightly taller successor. [Bloomberg]

Non-Sequiturs: 12.16.11

* Christopher Hitchens, author and journalist, RIP. For without him, Kash wouldn’t have an asslobster. [Vanity Fair]

* An interesting and idiotic twist in the UVA burglar case. [Daily Progress]

* I cannot visualize 10 kilos of cocaine, but it sounds like a hell of a party. [CNN]

* IRS tips for your desperate tax deductions — I mean, holiday charity. [Instapundit]

* I thought getting lawyers to really commit to client service was like herding cats. [What About Clients?]

* Girl-on-girl victim blaming. I said “girl-on-girl” so you kind of have to click. [Feministe]

* When your wife is a biter, it’s best to keep her drunk. [Legal Juice]

Tom Wallerstein

I was talking to a friend who is a junior partner in a large firm, and who is thinking of starting her own firm. She knew what practice area she would focus on, and she had at least one client who she felt sure would go with her. But she still had two critical questions to resolve. First, she wasn’t sure if she wanted to open a solo practice, or if she would try to recruit someone to form a partnership. Second, she wasn’t sure if she would form a “virtual” office, or try to start a traditional “brick and mortar” shop.

With regard to her “solo versus group” decision, we talked about the differences in tax treatment, liability exposure, etc. But I offered her my opinion that another important consideration is the practical, day-to-day differences between running your own shop and being in a partnership….

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Law School: A Den of Thieves

Jesus would go apes*** in a law school library.

It’s exam time. Kids are living in the library and generally oblivious. This is high season for thieves!

But we’ve got an email from a law student who is determined to take action. He had his textbooks stolen (add sabotage to the list of things wrong with law school), and he’s mad as hell. He wants to do away with his law school’s honor code and go with more medieval punishments should they apprehend the thief.

And since it’s the middle of finals, the whole letter has the scent of desperation clinging to it like the smell of dog poop lingers on a shoe long after it’s been cleansed.

It’s quite entertaining….

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Mike McQueary

I don’t know. I don’t look and stare down there.

Mike McQueary, an assistant football coach at Penn State, responding to a question about Jerry Sandusky’s erection (or lack thereof) during his alleged sexual assault of a child in 2002.

(McQueary testified today in a preliminary hearing on charges against Penn State’s former athletic director, Tim Curley, and finance official Gary Schultz).

Full disclosure: I have a disproportionate amount of lawyer friends who work at Sidley Austin. Their bonuses have caused all sorts of fun to happen in my inbox. Without even seeing the actual bonus memo, I could tell what was happening based on Gchats and text messages. Friends said things like:

“Yawn.”

“This joke stopped being funny days ago.”

“Is ATL hiring?”

“Sidley proves you right every single day.”

I like it when friends making three times as much money as I make feel comfortable complaining to me.

And, you know, I am right….

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Give yourself the gift that will keep on giving — a new job! The recruiters at Lateral Link have an amazing in-house opportunity at a well-established bank, based in Minnesota. Check out the Job of the Week below for more details.

Position: Senior Legal Counsel (Banking)

Location: Minneapolis, MN

Description: Lateral Link’s client is hiring an attorney with 5+ years of banking experience in-house and/or with a law firm. This person would be responsible for providing legal representation and support for a variety of legal and/or compliance-related topics as they pertain to the retail banking business. Experience with retail banking, deposits, and lending is required along with a solid grasp on regulatory compliance matters and laws and rules that affect consumer/retail banking activities.

For more details, please contact Katy Lewis, at klewis@laterallink.com, or see position #10648 on the Lateral Link website. If you are not currently a Lateral Link member, you can sign up for free at www.laterallink.com. Lateral Link offers Members a $1000 referral fee for each attorney referred to us who is not already part of the Lateral Link network, and who subsequently obtains a position through Lateral Link.

Welcome to the latest edition of Above the Law’s Grammer Pole of the Weak, a column where we turn questions of legal writing and English grammar and usage over to our readers for discussion and debate.

Last week, we found out that 75% of our readers thought using the word “like” to introduce a quotation would like, make the speaker sound like a Valley girl, despite its apparent linguistic usefulness.

This week, thanks to popular demand from our readers, we’ll be turning to a contested issue among lawyers. What is the preferred past tense form for the verb pleadpleaded or pled?

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

Dear ATL,

I’m a 2L at a second-tier midwestern school. Fall OCI didn’t go so great for me and, after resigning myself to failure, I accepted an unpaid internship with the government in my home metropolitan area. If I keep the job, chances are good that I’ll end up taking out loans for externship credit and will also be forced to obtain some sort of weekend employment to pay the bills.

Surprisingly, I just got an offer to be a summer bitch at a decent-paying firm within my home town. I talked to Career Services about this problem, and they made it clear that I needed to reject the firm offer. But that option would obviously strain me, both career-wise and financially. So my ultimate question is, can I tell the government that I’m sorry, but will no longer be able to take the position? From a purely financial point of view, I can either borrow ~6k this summer for tuition and living expenses, or make ~20k.

-Money on the Table

Dear Money on the Table,

As if law students didn’t have enough strikes against them — sh*tty economy, no jobs, worthless degree — a new and insidious threat also conspires to keep them broke and unemployed: Career Services. Everyone tolerated their quaint but useless “resume writing workshops” and rhetorical great-unpaid-opportunity-in-Kansas emails when the economy was great, but now that sh*t has tanked and they are unable to fulfill their express job duties — namely, creating careers — they’ve turned underminer. If they can’t create careers, no one should have them….

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