Brian Dalton

Brian is a graduate of Middlebury College and Fordham Law. He joined Breaking Media in October 2011 after spending seven years at Vault.com, most recently as Director of Research and Consulting. Before that, he was, among other things, an associate at a Manhattan law firm, a French teacher in Brooklyn, a Peace Corps volunteer in Mali, and a security guard at a waterslide park in Albuquerque, NM.

Posts by Brian Dalton

Calling All Law Firm Partners: The Future of Big Law Reception

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Our friend Bruce MacEwen has written a trenchant analysis of the predicament currently facing the large law firm business model: Growth is Dead: Now What? In the words of Paul Weiss chair Brad Karp, the book “is an extraordinary body of work that reflects enormous insight and ought be required reading by managing partners of law firms,” as well as “a much-needed wake up call for our profession.”

Originally a twelve-part series on Adam Smith Esq., Growth is Dead will soon be released as a paperback. Next Tuesday, February 26, ATL will host a salon-type event for law firm partners in celebration of this release, at a sleek new venue in a convenient area of Manhattan. Peter Kalis, global managing partner of K&L Gates and author of the foreword for Growth is Dead, will introduce Bruce, who will then (briefly) discuss his book and take a few questions. This will be followed by a free evening of cocktails and thought-provoking conversation. We’ve had a robust response so far, but limited spaces are still available. Law firm partners, please join us; you can RSVP here.

By way of preview, we spoke with Bruce about his book. How did it come about? What did he find out in the course of writing it that was most surprising? Encouraging? Discouraging?

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Letter From LegalTech: The Thrills of E-Discovery

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‘If only I had an eDiscovery solution for compliance and discovery requests to efficiently manage, identify, analyze, and produce potentially responsive information from a single, unified platform. Of course, it would be hosted in a private, cloud-based environment.’

While technology has reduced costs for many areas of legal practice (e.g., research), the centrality of electronically stored information to complex civil litigation has sent discovery costs skyrocketing. Hence the rapid proliferation of e-discovery vendors like so many remoras on the Biglaw shark. Nobody seems to know how large the e-discovery market is — estimates range from 1.2 to 2.8 billion dollars — but everyone agree it’s not going anywhere. We’re never going back to sorting through those boxes of documents in that proverbial warehouse. New amendments to the FRCP specifically dealing with e-discovery became effective way back in December 2006, but if the e-discovery vendors (evangelists?) at this week’s LegalTech tradeshow are to be believed, we are only in the technology’s infancy in terms of its development and impact on the legal profession.

At LegalTech, we attended a “supersession” presented by e-discovery provider Planet Data, promising to present “judicial, industry, legal, and media perspectives on where legal technology is taking litigation and how it affects you.” Don’t be jealous….

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The Downhill Road from 1L to 3L

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A 3L in a ‘law-and-blank’ class yesterday.

“One of the well-known facts about law school is it never took three years to do what we are doing; it took maybe two years at most, maybe a year-and-a-half,” Larry Kramer, the former dean of Stanford Law, said in a 2010 speech. The continuing existence of the third year of law school is generally held to be one of the basic structural defects in our current legal education model, alongside the contracted job market and soaring tuition. There have been efforts to address the problem, the latest being NYU’s announced overhaul of its third year curriculum.

Yet these attempts to redefine what the 3L year means appear to many like half-measures at best, “lipstick on a pig” at worst. As we noted back in November, Professor Bill Henderson of Indiana/Maurer has made a sweeping proposal that calls for a special new program for 3Ls by a coalition of willing law schools. The 3Ls would embark on a skills-based, teamwork-heavy course of study in partnership with law firms who agree to employ the students, albeit at a reduced rate. Also, there is a proposal currently before the New York Bar that would allow students to take the bar exam after two years. These students would not obtain a J.D. unless they return for their third year, but would be eligible for a bar card.

In assessing the NYU proposal (basically an increase in study abroad and specialty courses), Professor Kenneth Anderson argues that law schools have allowed educational incentives (i.e., learning to how to be a lawyer) and credentialing incentives (i.e., becoming an attractive job candidate) to drift apart: “The problem lies in how very, very unattractive we’ve institutionally made [students’] incentives – and the price tag attached to what is essentially a bet rather than investment. It’s a bet with many more bad payoffs than good ones.”

All the discussion and debate about the three-year law school model focuses, understandably, on the utility of that third year. We thought it would be interesting to have a look at our survey data to get a sense of how the experience of law students changes over time. The ATL Insider Survey asks law students and alumni to rate their schools in academic instruction, career counseling, financial aid advising, practical/clinical training, and social life. We wondered how, if at all, these perceptions differ between 1Ls and 3Ls….

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The Lapsed Lawyers Survey Results

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Just a typical lapsed lawyer (J.D., Northwestern ’68)

Lawyers turn into ex-lawyers for a host of reasons. The transition can be voluntary or not. We all know that erstwhile attorneys have successfully gone on to become, among thousands of other things, consultants, teachers, writers, and entrepreneurs. Late last year, in partnership with our friends at Adam Smith Esq., we reached out to lapsed lawyers to ask them their personal stories. Why did they choose the law in the first place? Why did they leave? What are they up to now? Do they regret leaving the practice of law? (A whopping 93% said “no” to that last question.)

We were quite pleased with the level of response to our survey: 430 former (or “recovering”) lawyers shared their stories with us. The tales they told us bring to mind a sort of inversion of Tolstoy’s line about happy and unhappy families. Those who were positive about their time spent practicing had a diverse range of experiences; those who were unhappy mostly tell the same story.

Read on for the details.

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From the ATL Insider Survey: Overlooked Firms and Schools

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Paul Cravath does not approve of this post.

Light years away and in the distant future, perhaps some alien grad student in Defunct Planet Studies will stumble onto the ATL archives. He’ll conclude, not unreasonably, that the legal industry was a sort of oligopoly. That there were only a handful of firms: Skadden, Cravath, Latham, Quinn Emanuel, Tannebaum Weiss, and those few others that get such a disproportionate amount of our attention. And of course, there were only 14 real law schools.

This singular obsession with “prestige,” this mindset that the most elite firms and schools are the only worthy ones, is detached from the experiences of the vast majority of lawyers practicing at the 50,000 other firms and the students at the 180+ other law schools. Back in December, we had a little debate about the effect of prestige in the legal industry. In the spirit of the “prestige obsession is bad” side of that argument, we thought it would be worthwhile to see which firms and schools outside of the very top tiers are, according to insiders, great places to work or learn.

Over the course of 2012, we received close to 10,000 responses to our ATL Insider Survey, where lawyers rate their firms based on compensation, culture, morale, training, and culture, and students and alumni rate their schools based on academics, social life, clinical training, career services, and financial aid advising. Based on our survey, the most highly rated firms and schools also happened to among the most prestigious (e.g., Stanford, Davis Polk), but there is certainly not a correlation between prestige and insider rating.

After the jump, we’ll see which schools outside of the T14 and which firms outside the Vault 50 were rated the highest by their own people….

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An Open Letter to Law School Deans

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Dear Law School Deans:

How’s the media boycott going? Oh wait… you’re not doing that? So it must feel a bit like a digital mob is baying at your walls. Apparently, any attempt to defend the “value proposition” of a legal education will be met with instant scorn and mockery (and not just here on ATL.)

Now, deep down, we all know that no serious person can actually believe that law school deans are venal and sinister characters looking to simply con students. You entered your profession in the hope of helping students get the best legal education possible. And you find yourself in a world where your motives are being impugned. And we all know the parade of horribles that is the legal job market: only about half of all law school graduates will find a job requiring bar passage, and at least half of those who do find legal jobs don’t make enough money to service their debt.

When law schools are put on the defensive about employment numbers, we often hear about how the J.D. is so incredibly versatile and will serve its holder well in any context: banking, consulting, business, and what have you. There is some skepticism about this.

On the one hand, there are too may lawyers and too few jobs. On the other, a law degree can be used in a variety of ways. There is a mountain of data proving the former assertion, there is little data to support or refute the latter. So let’s try to settle this….

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If ATL Decided the BCS

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The end is in sight for our long national nightmare. Starting in 2014, the NCAA will institute a four-team playoff to crown the national college football champion. The 14-year reign of the BCS will be looked back upon as a time of national unity: everyone thought the system was horrible. Even President Obama decried the system on the campaign trail . The BCS has been described as anything from a “horrible Jenga tower of bad arguments” to a “broken, failed, even corrupt enterprise.” Oh wait, that second quote is from a blurb for Brian Tamanaha’s recent book Failing Law Schools. But of course there is an important parallel between the BCS and the legal education industry: they have few defenders outside their own walls. The soon-to-be obsolete BCS system is only considered successful by those with a financial stake in the status quo. As for our current model of legal education, efforts to defend its value from the inside have not been well received, to put it mildly. But there’s an important difference between the BCS and legal academia. The BCS has shown a willingness to adapt and transform itself in the face of widespread and well-founded criticism.

Anyway, as even casual football fans know, a college team’s prospects are highly correlated with how the students at its affiliated law school rate their experiences. (Ed. note: this is untrue). So, after the jump, let’s have a look at how the law schools for the BCS bowl schools match up.

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Calling All Lapsed Lawyers

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‘…to take a survey (if you’re a non-practicing lawyer).’

You almost never hear of someone enduring the rigors of med school, becoming a doctor, practicing medicine for a few years, and then just ditching the profession altogether. The same could be said of licensed plumbers and electricians. Yet lapsed lawyers are everywhere: making chocolate, writing novels, blogging, leading the free world, whatever.

Obviously, there are myriad reasons for leaving the profession. Some ex- (or “recovering”) lawyers were nudged out or fired, while others left of their own free will to follow their muses onto different career paths. Some simply hated being a lawyer. Some hated the clients (e.g., “[W]hat do I care about some stranger let alone his problems?” — Columbia Law grad turned soldier-of-fortune Denis Clifford).

Not everyone buys into the idea that a law degree is so versatile (hi, Elie), but some non-practicing JDs do find that that their legal training was great preparation for the next stage of their careers.

We are reaching out to lapsed lawyers to ask them their personal stories. Why did you choose the law in the first place? Why did you leave? What are you up to now? Looking back at your time practicing law, how would you describe your experience? And so forth.

Are you an ex-lawyer? Please click here to take our survey and share your experiences. This survey is the first in a series of research projects in partnership with our friends at AdamSmithEsq, where the Lapsed Lawyer survey will also be hosted.

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Gone Dewey Gone: ATL Readers Dish the Blame

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As of this morning, the Dewey & LeBoeuf web site is still live and trumpeting, among many other things, the firm’s recent award for “Private Equity Law Firm of the Year in Poland.”

Meanwhile, back on Earth and/or the rest of the internet, industry observers have been feeling a bit like voyeurs at a pre-mortem autopsy. Everyone agrees that the downfall of this once-great firm is hugely sad (well, nearly everyone), but there is less of a consensus about who or what is to blame.

Last week we asked the ATL readership for their take on where fault lies. Here’s what you had to say….

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ATL Survey Update: Shiny Happy Firms

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In the nascent spirit of positivity around here, let’s take a look at where, according to our research, Biglaw’s happiest troopers can be found.

To be sure, lawyers are a notoriously depressive lot. Various studies — and presumably Will Meyerhofer — suggest that the characteristics that make a good lawyer actually correlate with clinical depression. Combine these alleged traits with crushing debt, an oversaturated job market, and an uncertain future, and the industry seems mired in malaise.

But what about those fortunate ones who’ve managed to snag a coveted Biglaw gig? Why, not only are they employed, but they have a realistic chance to pay off their loans. Are they any more upbeat than the industry’s rank-and-file? Our own survey data strongly suggests the answer is definitely maybe.

Respondents to our ongoing ATL School & Firm Insider Survey give their “firm morale” a mean rating of 6.81 out of 10. (By the way, if you haven’t yet, please take the survey here.) For context, lawyers rate morale a bit higher than “hours” (6.55) and bit lower than “training” (6.88). So, generally speaking, firm morale is not conspicuously singled out by lawyers as a negative.

But which are the happiest firms? And the unhappiest? Let’s have a look at the Biglaw shops getting top marks for esprit de corps….

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