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

Last week we took a look at how Biglaw’s litigation departments stack up against one another in terms of compensation, training, firm morale, hours, and culture.

Today, we turn toward the other major category of Biglaw practitioners: corporate/transactional attorneys. Unlike litigators, about whom the public at least has some notion, however distorted, of what they do, most people have no clue what corporate lawyers are up to. No young person daydreams about “facilitating a business transaction,” while there are some who aspire to argue in a courtroom. As noted last week, this litigation/corporate information imbalance is reinforced by the law school curriculum, which remains largely beholden to the case method of instruction.

When comparing the experiences of corporate lawyers versus litigators, there is a familiar litany of pro and cons:

double red triangle arrows Continue reading “Which Biglaw Firms Have The Most-Satisfied Corporate Attorneys?”

The popular conception of “lawyer” — as seen on television and in the movies — is that of a litigator. Understandably, law students are also susceptible to this view and will be so as long as the case method remains the pedagogy of choice in law school. Cases, by definition, are always about litigation. Both popular culture and the law school curriculum show lawyers most often in court or, at least, investigating the facts of the case. However, the truth of litigation practice is very different: the overwhelming majority of litigators’ work takes place outside the courtroom. Never mind that upwards of 90 percent of all lawsuits settle before trial or that most litigators’ spend their actual in-court time arguing procedural motions rather than the substance of the dispute. Oh, and there’s also doc review.

Anyway, most new associates and law students who aspire to Biglaw are going to be confronted with a question. To grossly generalize and simplify: am I a litigator or a transactional attorney? Many would say that there are distinct personality types best suited for each. Are you a win-lose kind of person or a win-win kind of person? Do you enjoy confrontation? Do you care if you ever see the inside of a courtroom? How important is the predictability of your schedule? And so on. (Of course we must acknowledge that wrestling over such questions is the classic “luxury problem.” For the majority of law students, what follows is, at most, of voyeuristic interest.)

For those in a position to choose, which Biglaw shop’s litigation departments offer the highest quality of life? We’ve dug into our survey data for answers…

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A couple of weeks ago, as Obamacare was just stumbling out of the gate, we asked our readers to tell us about the state of their own health insurance plans through their firms. Since the Recession, we have heard anecdotal evidence that some firms have been using health care cost clawbacks as a stealth expense-cutting tactic and de facto pay cut. We wondered how widespread a phenomenon this practice had become. Well, perhaps that’s a bit disingenuous. We had a strong feeling that, in this time of layoffs and all the rest of the Biglaw belt-tightening measures, that no category of expenses would be immune. And our survey results resoundingly confirm those suspicions: 89% of you tell us that your health insurance premiums have gone up since you started work at your firm.

A relevant tip showed up in the ATL inbox this week. An attorney at a prominent (V25) law firm sent us a memo outlining new changes to the firm’s health plan. Here’s an excerpt: “The deductible for the CIGNA PPO plan will change from $250 single/$750 family to $500 single/$1,000 family. Also, the PPO prescription copays [will all increase]. These changes bring our PPO plan design in line with market
practice for large law firms
(emphasis added)”…

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The Biglaw on-campus recruiting season is a subject of decreasing relevance for most aspiring lawyers, as illustrated by this grim infographic. We are all familiar with the parade of horribles that is the law firm recruitment market, at least from the student point of view. Since the halcyon days of 2007, summer associate class sizes are down at the overwhelming majority of large law firms, often by fifty percent or more. And of course nobody is seriously arguing that class sizes will ever rebound to their pre-recession levels. But 50 percent is not 100 percent; there are still 2Ls who have just made their way through the OCI cattle call.

About a month back, we asked our readers to share their experiences of the OCI process. We wanted to learn where student priorities fall during this era of “New Normal.” For those of you fortunate enough to be in a position to choose among employers, what are the factors driving your decisions? What, if anything, is likely to make you reject an offer? And what, in this unbalanced buyers’ market for legal talent, is the actual interview experience like?

double red triangle arrows Continue reading “‘Please Pretend To Care’ And Other On-Campus Interviewing Lessons”

With the continuing partial government shutdown and the shaky rollout of Obamacare, the issue of health insurance has never been such a central and divisive topic in the national conversation. Surely there are thousands of unemployed or temping JDs who are entering the brave new world of insurance exchanges and its attendant “hiccups.” In a development that perhaps should alarm the lowest-paid support staffers at law firms, some corporations appear poised to drop “bare bones” health-care benefits altogether for low-wage employees in favor of directing such employees to the new state exchanges.

Of course, for the lawyers at firms, such developments concerning the exchanges are essentially an abstract issue. That is not to say that attorney benefits packages are not subject to “new normal” economic pressures, or that the ultimate effect of the Affordable Care Act on private health insurance packages is unknowable. As noted here way back in 2009, some firms have added health care cost clawbacks to their expense-cutting repertoire of layoffs and pay cuts. Many associates have found themselves, post-Recession, with higher premiums and deductibles and thus, a de facto salary cut. Comparing salaries and bonuses across law firms overlooks the element of health insurance costs, about which there is no equivalent transparency. Undoubtedly there are significant variations across firms in this area, and some firms that appear to pay “market” aren’t quite doing so in light of their requiring a larger fraction of health care premiums. These variations inevitably distort direct comparisons.

We’d like to bring some transparency to this topic — but we need your help….

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Tom Goldstein

In Washington, D.C., on October 17 at 6:30 p.m., please join us for the our next ATL event, a preview of the 2013-2014 U.S. Supreme Court Term.

On the SCOTUS docket for this Term are cases involving affirmative action, presidential recess-appointment powers, campaign finance regulations, and protesting near health care facilities that perform abortions.

Our special guest speaker will be preeminent Supreme Court advocate and analyst Tom Goldstein. Thanks to AccessData for sponsoring this free event. If you’d like to attend, please RSVP below:

There is not nor probably will there ever be a definitive novel or film depicting the law firm experience. Law firm lawyers viewing The Firm or Michael Clayton or Ally McBeal are not going to identify with what they see on the screen. Novels like The Partner Track by Helen Wan or Anonymous Lawyer by Jeremy Blachman might be the closest thing (affiliate links).

A truly realistic portrayal of that particular white-collar salt mine would surely be too boring for the public. On the other hand, the comments from the ATL Insider Survey (14,000 responses and counting; thanks everyone) constitute a sort of undistilled document of the Biglaw hive mind. So what do we hear from this depressing, inspiring, contradictory chorus of lawyerly voices?

The ATL Insider Survey asks practicing lawyers to evaluate their employer in terms of compensation, training, culture and colleagues, firm morale, and hours. The survey also asks, “What would be useful or interesting for a law student or potential lateral to know about your firm?”

Reading through all the responses to this question, a handful of recurrent themes emerge….

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Public opinion is polarized regarding the mega-leakers Chelsea Manning and Edward Snowden. One common view holds them to be heroic patriots. To others, they’re simply traitors. Prominent whistleblower attorney John Howley asks us to consider the possibility that they can be both at once.

Last week, ATL—along with our friends at Lawline—hosted a fascinating (seriously) and timely CLE course, Whistleblowers, Traitors and the Rule of Law. Howley walked the attendees through the various laws governing whistleblowers, treason, and espionage. He also gave an overview of the most important whistleblower and treason cases, as well as explored the thorny legal and ethical implications for lawyers involved in such cases.

The course was as much a history lesson as a legal one. The role of whistleblower plays an integral part of our national history. In fact, the first American whistleblower law predates the country’s founding. In 1777, sailors accused the commander of the Continental Navy, Commodore Esek Hopkins, of torturing captured British sailors, and petitioned the Continental Congress to remove him. Hopkins sued for criminal libel, and Congress — by unanimous vote — agreed to defend the sailors in the suit. Congress also passed a law requiring all military members to inform Congress of “misconduct, frauds or misdemeanors committed by any officers in the service of these states.”

Many of the most important heroes in American history were, technically, traitors, including the Founding Fathers. And knowingly so. As Benjamin Franklin quipped, “We must hang together or we will hang separately.”

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The idea of “happiness” is the basis of an ever-growing body of research. In fact, while economists traditionally measure a nation’s prosperity by looking at GDP, there is a growing movement for them to consider a different measure, something akin to “Gross National Happiness.” One of the best-known efforts to move away from a reliance on GDP as a measure of national welfare is the UN’s Human Development Index, which amalgamates three metrics: lifespan, educational attainment, and adjusted real income. Then there are dozens of much more subjective surveys of national happiness, many of which find Costa Rica to be the happiest country in the world. Others say it’s Norway. (Then there is this preposterous “Happy Planet Index,” which ranks the U.S. at number 113, between Madagascar and Nigeria.)

Of course happiness research is performed in more narrowly targeted ways, such as examining specific professions. Earlier this year, Forbes reported on a “Career Bliss” survey of 65,000 employees that ranked “law firm associate” as the unhappiest job in America. (See Joe’s take on that survey here.)

This week, over at In the Belly of the Beast, Steven Harper is asking “Are Lawyers Becoming Happier?” Harper takes a look at two recent studies that suggest the answer is “yes.”

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The law firm on-campus interview process is a peculiar institution. No other industry entrusts its entire entry-level hiring process to a series of superficial 20-minute “cattle call” interviews two years ahead of when the candidate will actually become a full-time employee. There is something contrived about the whole thing. (This old-ish video clip gives a good sense of the inherent absurdity.)

OCI is still underway at law schools across the country. Firms are currently hustling to interview students nationwide, make callbacks, and extend offers within an arbitrary 28-day window (per the NALP guidelines).

As we recently noted, opportunities to participate in OCI — which continues to be the primary entry point for law students into the largest and best-paying firms — are increasingly harder to come by in the current job market. The reality is, most students are on the outside looking in. Most will never be afforded the opportunity to land one of the few gigs that will actually give them a plausible chance of being able to pay off their student loans.

If you are one of the fortunate ones who just went through or is continuing to take part in OCI, we want to hear about your experiences….

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