Which is worse: to be unethical or to be stupid — really, really stupid?
Who says you have to choose? That’s the lesson of today’s story about a lawyer who fell for a Nigerian inheritance scam, dragged his clients into the mess as well, and just got his law license suspended by the Iowa Supreme Court.
Dear Friend: Please permit me to make your acquaintance in so informal a manner. This is necessitated by my urgent need to reach a dependable and trust wordy partner. We do not know each other, it does not matter.
My tale will not cause discomfort or embarrassment in whatever form, except to a monumentally moronic lawyer — who got cleared on some (but not all) of the ethics charges against him because he genuinely believed that a trunk full of money was going to magically show up on his office doorstep….
* Should Justice Lori Douglas, she of the infamous porn pictures, step down from the bench? Well, she has 324,100 reasons to stay. [Toronto Star]
* And what about Justice Breyer and Justice Ginsburg — should they leave while the Democrats still control the White House and the Senate? [Washington Post via How Appealing]
* A legal challenge to gun control stumbles — on standing grounds. [WSJ Law Blog (sub. req.)]
* Moral of the story: if you want to threaten opposing counsel, don’t do it over voicemail — unless you want to get censured. [ABA Journal]
U.S. Attorney Preet Bharara
* Dewey want more details about the lucrative contracts given to Stephen DiCarmine and Joel Sanders? Most definitely! [Am Law Daily (sub. req.)]
* An interesting peek inside the office of U.S. Attorney Preet Bharara. The S.D.N.Y.’s boss is a big fan of the Boss. [New York Times]
* Now that the merger between US Airways and American Airlines has been approved, US Airways CEO Doug Parker offers a behind-the-scenes look at his company’s response to the government’s antitrust lawsuit. [Wall Street Journal (sub. req.)]
* Former U.S. Attorney Neil H. MacBride will be joining Davis Polk as a partner in the firm’s white-collar defense practice. Nice work, DPW — he’s actually kind of cute. Earn back that rep! [DealBook / New York Times]
* Matthew Kluger, most recently of Wilson Sonsini, was disbarred in D.C. following his insider trading conviction. His criminal career apparently began while he was still in law school. Sheesh. [Blog of Legal Times]
* Kent Easter, he of the “I am but a spineless shell of a man” defense, was just on the receiving end of a mistrial. It seems the jury was totally deadlocked. Guess they felt bad for him. [Navelgazing / OC Weekly]
* The Iowa Law Student Bar Association supports the school’s decision to cut out-of-state tuition by about $8,000 because to stand against such a measure would be absolutely ridiculous. Congratulations on not being dumb. [Iowa City Press-Citizen]
* Apple won more than $290 million from Samsung in its patent infringement retrial. Siri, tell me what the fifth-largest jury award in the U.S. was in 2013. OMG, I didn’t say delete all my contacts. [Bloomberg]
* The trial for James Holmes, the shooter in the Aurora, Colorado movie theater massacre, was delayed by a judge until further notice. A hearing has been scheduled to reassess the situation in December. [CNN]
* Myrna S. Raeder, renowned expert on evidence and criminal procedure, RIP. [ABA Journal]
The best law school professors have practical experience that allows them to draw from personal memory to bring a lesson to life for students. One professor who often lectures students on their ethical obligations can now draw from her own experience to tell students about what happens when lawyers lie to federal judges to help clients perpetrate a fraud.
The irony is scrumptious.
You’d think that getting busted for lying to a judge and benchslapped silly would doom a law professor, but that’s premature. She’ll probably lose her job for failing as a professor first….
* A proposal to raise the retirement age for judges in New York was crushed by voters, but Chief Judge Jonathan Lippman has vowed to continue fighting the requirement — just like a stubborn old man. [New York Law Journal]
* Which law schools have the highest percentage of graduates working as corporate directors or executive officers of companies? You might be surprised by some of the results. Or you might not. [National Law Journal]
* Dean Lawrence Mitchell of Case Western Reserve Law wants parts of the retaliation suit that’s been filed against him tossed for being “scandalous” and “salacious.” But those are the best parts. [Cleveland Plain Dealer]
* Thanks to a $25 million donation from an alumnus and his wife, Yale Law School is going to be getting dormitories for law students in the very near future. The thought of all of those coed nerdgasms between future SCOTUS clerks is a thing of beauty. [Fox News]
* Clark Calvin Griffith, the former adjunct professor at William Mitchell Law, has been suspended from practicing law for 90 days after exposing his penis to a law student. Stiff punishment. [Pioneer Press]
* If you were thinking of giving away guns on Facebook, then you should think again. The only way to stop a bad guy with a gun on the internet is with slideshows of the 572 best kitty cat gifs. [Corporate Counsel]
* A police officer in Arkansas ordered a woman to flash him her boobs while she was at work, and when she refused, he allegedly Tasered her repeatedly. She’s obviously suing now. [New York Daily News]
* Justice Sandra Day O’Connor has joined Justice Ruth Bader Ginsburg in being one of the only justices to perform a same-sex marriage. No divas here: the wedding ceremony was held at the high court because “[t]hat’s where she was.” [BuzzFeed]
* “Proceed with caution.” David Kappos, the former director of the U.S. Patent and Trademark Office, isn’t too keen on the latest patent reform bill that’s currently before the House Judiciary Committee. If only the man still had a say. [National Law Journal]
* Dentons and McKenna Long & Aldridge have released a joint statement to ensure the public that the proposed merger is still on. Good news, everyone! The firm won’t be named McDentons. [Am Law Daily]
* Ralph Lerner, formerly of Sidley Austin, has been slapped on the wrist suspended from practice in New York for one year’s time after improperly billing car service to clients to the tune of $50,000. [Am Law Daily]
* It’s been a year since Superstorm Sandy, and lawyers are still counseling their clients on how to muddle through the mess. Volunteer some pro bono hours and help out those in need. [New York Law Journal]
* Career alternatives for attorneys: rescuer of nerd relics. Head to this Brooklyn book store (of course it’s in Brooklyn) if you’re desperately seeking long lost science fiction tales. [Wall Street Journal (sub. req.)]
* We bet that folks in Australia would like to tell the the High Court to bugger off after overturning this ruling. Sexual injuries that occur during work-related trips don’t qualify for workers’ compensation. [Bloomberg]
Congratulations to Maryland Attorney General Douglas Gansler. The voters have spoken, and he is our latest Lawyer of the Day. Maybe this honor will help Doug Gansler close the gap in the race for the Democratic nomination for governor.
We enjoyed the process so much last time that we’re going to do it again. We’ll give you three nominees, identify the arguments for or against Lawyer of the Day status, and let you vote for your favorite.
Our latest slate raises this question: what’s worse, criminal or crazy?
Lawyer jokes notwithstanding, most lawyers are ethical, honorable, and competent. That’s why we tend to focus on attorney misbehavior in these pages; it’s more newsworthy. If a lawyer complies with the law or serves a client well, that’s not exactly “news”; it’s what lawyers are supposed to do, and what most lawyers do most of the time.
Alas, sometimes lawyers fall short of our profession’s high standards. Today we look at allegations of a high-ranking government lawyer abusing the perks of his office, a tax lawyer engaging in tax fraud, and a real estate lawyer who has people real mad — after taking $4 million from them.
Which of these attorneys deserves to be our Lawyer of the Day? We’ll describe their alleged misdeeds, outline the reasons for and against Lawyer of the Day honors, then let you vote for the winner….
* Stop bullying the judges on the Foreign Intelligence Surveillance Court. They don’t cave to just any government data request — they make changes to about 25 percent of them. But uh… they don’t like to talk about the other 75 percent. [Bloomberg]
* Everything’s bigger in Texas, including the number of Biglaw firms with failing grades for diversity. Hunton & Williams, Patton Boggs, and Thompson Coe are by far the worst offenders of all 19 large firms, with ZERO minority partners. [Texas Lawbook]
* A contract attorney is currently facing criminal charges for felony overbilling (which isn’t actually a real crime, but it’d be cooler if it was… plus it would make lots of lawyers from DLA Piper cry). [Radio Iowa]
* Well, at least one school got the message about the tuition being too damn high. Iowa Law is reducing tuition for out-of-state students by about $8K in the hopes of filling more seats. [Des Moines Register]
* Amanda Knox, more commonly known as Foxy Knoxy, says that she’s no “femme fatale,” but she’s being portrayed, again, as a “sex-obsessed she-devil” after already being acquitted of murder. [Reuters]
* Fashion designer Christian Louboutin was seeing red over the use of his trademark red soles in anti-Islam political messages, so he sued over it, and this time, he won. Rejoice, fashionistas! [New York Magazine]
The truth, the whole truth, and nothing but the truth.
Legal secretaries and other support staffers aren’t the only folks getting exiled from Biglaw. Partners who lie on their résumés are getting shown the door too.
In the prestige-soaked precincts of Biglaw, the pressure to inflate one’s credentials is understandable. Once you’re above a certain threshold, the quality of legal work can be hard to judge. In other fields of endeavor, you either can do it or you can’t — write code for a specific program, execute a triple Lutz, surgically reattach a severed hand (my dad can do this, in case you ever need his services).
In law, many people can write a brief or negotiate a contract. It then becomes a matter of how well you can do these things — and pedigree inevitably colors the evaluation of the legal services rendered.
In light of all this, a lawyer’s lying on his CV might be understandable — but it’s still a firing offense. A Biglaw partner learned this lesson the hard way….
Jiminy jillickers! ATL editors are going all over the place over the next month or so. Or at least all over the Eastern Seaboard. If we aren’t heading to your neck of the woods on these trips, never fear, we may hit you up on the next time around. We’ve already hit up Houston, Chicago, Seattle, San Francisco, and Los Angeles in the past year.
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act. InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online. By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.
The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly. This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.
However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: