David Lat is the founder and managing editor of Above the Law. His writing has also appeared in the New York Times, the Wall Street Journal, the Washington Post, New York magazine, Washingtonian magazine, and the New York Observer. Prior to ATL, he launched Underneath Their Robes, a blog about federal judges. Before entering the journalism world, he worked as a federal prosecutor in Newark, New Jersey; a litigation associate at Wachtell, Lipton, Rosen & Katz, in New York; and a law clerk to Judge Diarmuid F. O'Scannlain, of the U.S. Court of Appeals for the Ninth Circuit. David graduated from Harvard College and Yale Law School, where he served as an editor of the Yale Law Journal. He has received several awards for his work on ATL, including recognition as one of the American Lawyer’s Top 50 Big Law Innovators of the Last 50 Years; one of the ABA Journal’s Legal Rebels, a group of pioneers within the legal profession; and one of the Fastcase 50, "the fifty most interesting, provocative, and courageous leaders in the world of law, scholarship, and legal technology." His first book, Supreme Ambitions: A Novel, will be published in 2015. You can connect with David on Twitter and Facebook.
State court judges are like bratty kids, or pets that aren’t housebroken. You can’t take them anywhere.
Because they’ve probably already been banned from where you were planning to take them. Even if the place in question is the courthouse.
Consider the Honorable Elizabeth Halverson (at right). From the Las Vegas Review-Journal:
The District Court chief judge on Thursday banned District Judge Elizabeth Halverson from the county courthouse.
In an administrative order, Chief Judge Kathy Hardcastle said Halverson jeopardized security at the courthouse this week by bringing her own two bodyguards into the courthouse and allowing them to bypass security checks.
As for why Judge Halverson needs two (2) bodyguards — and no, we won’t make the obvious joke — there’s quite a backstory, full of juicy judicial infighting. You can read all about it here.
And Judge Halverson isn’t the only state judge getting banned from public places these days. Meet the Honorable Fred Axley.
From the Legal Reader:
A Memphis judge is banned from a Florida resort. He is accused of sexually harassing an employee. Eyewitness News Everywhere uncovered this is not the first time Criminal Court Judge Fred Axley has been accused of sexual harassment….
Now he has been banned from a resort in Destin, FL, after an employee there says he sexually harassed her last week….
When we called the resort, an employee who asked not to be named, told us Axley had propositioned a massage therapist there for oral sex.
Here is a memo that some of you have been waiting for, with an eagerness more typical of teenage boys expecting Spiderman 3. It’s an outline of the associate bonus program for Orrick, Herrington & Sutcliffe, in all of its complex glory.
The memo is rather lengthy. We thought about taking screenshots of each page, but that would have been too time-consuming. So we just cut and pasted the text instead.
Some of the formatting was lost as a result (as well as the pretty green “O” at the top of each page in the original). But the substance of the memo is all there.
If you’re interested, you can check it out after the jump
If you’re a sucker for soccer — which is one of the world’s most popular sports, and which may soon take off on these shores, thanks to the arrival of David Beckham — then you should definitely check out the Volokh Conspiracy guest-blogging of our good friend and former co-clerk, Professor William Birdthistle.
Here’s a teaser, from Birdthistle’s first post:
I attempt to discern the cause of the deterioration of World Cup soccer into [such a] deplorable state. My conclusion, which I’ll explore further in coming posts, is that the rewards and punishments that referees have in their arsenal are too crude and too capable of determining the outcome of the game. The power of referees to work a game’s bouleversement with one blow of the whistle — either by sending off a star player or awarding a penalty — places officials at the center of the game.
Players then have a strong incentive to attempt to influence referees, often by bearing false witness to the facts with dives and operatic petitions. This phenomenon appears to be exacerbated at the quadrennial World Cup, where teams play relatively few games for enormous stakes and where caution and calculation often trump free-flowing football….
My proposals for addressing the situation, which I will also discuss further in future posts, focus primarily on ways of diluting and refining referees’ power.
Along the lines of Heller Ehrman’s recent announcement, here’s another pseudo-raise from a West Coast firm. Earlier this afternoon, a source at Wilson Sonsini informed us:
A memo will be distributed later today with the details, but we received a VM a few minutes ago. Essentially, there will be “raises” to match market in places where there has been movement. This is defined as DC, CA, TX. NYC was already at $160k.
BUT the raise will be “mitigated” by an offset in the bonus structure. Also, Seattle and Salt Lake City are excluded from the “raise.”
The memo, which a second source at the firm verified for us, appears after the jump.
For departure. For Deputy Attorney General Paul McNulty, his last day at the Department of Justice will be in not-too-distant future. He announced his intention to resign earlier today.
But he won’t be leaving the DOJ as abruptly as, say, Monica Goodling. He’ll stick around for a few more months:
McNulty, who has served 18 months as the Justice Department’s second-in-command, announced his plans at a closed-door meeting of U.S. attorneys in San Antonio, according to two senior department aides. He said he will remain at the department until this fall or until the Senate approves a successor, the aides said.
Sigh. Guess we got a little lax in our factchecking around here (i.e., not doing it at all, since it had been a while since anyone bothered to put together a fake memo).
The purported Much Shelist memo that we posted earlier appears to be a fake. Sorry, Chicago.
If anyone has a real memo to send us, please do so. But the lag time between our receiving memos and posting them will undoubtedly increase going forward, due to pranks like this one. Thanks.
We meant to link to this amusing story last Friday. Unfortunately, between salary coverage and entertaining visitors at our office hours, it fell through the cracks.
Anyway, to find out why H. Dewain Herring, Esq., currently on trial for murder, is ATL’s Lawyer of Last Friday, click here. You’ll be treated to the story of a prosecution featuring “salacious themes of lap dances, drug use and public nakedness.”
Herring’s defense: accidental discharge. Which, to be sure, happens all the time in strip clubs.
To pique your interest, here’s an excerpt from the trial transcript, courtesy of a source on the ground in Columbia, South Carolina:
q. and when you entered the champagne room he was masturbating, right?
a. yes, he was spanking that monkey
q. and when you entered, he saw you and kept masturbating.
a. yes, he kept on spanking that thing.
q. kept on spanking it, ok…
Here’s a recent message from a Chicago-based reader:
I’ve got a suggestion for a post. How about one on the Chicago market?
NYC, done. L.A. is pretty much set. DC looks like it’s headed to 160.
But what about Chicago? I think a post along the lines of whether Chicago is going to take a back seat as a lower tier legal market, or match the LA/DC markets, would generate a lot of interest/traffic/comments.
Ok, just my two cents. The stuff on the compensation has been great! Keep up the good work.
We agree with this commenter. There’s no longer much excitement to covering Los Angeles, which is “pretty much set,” and Washington, DC, which will surely settle at $160K (even if some firms drag their feet about it, to save themselves a few weeks’ worth of higher salaries).
But “flyover country” — basically, Chicago and Texas (which we’ll cover in a subsequent post) — is a big question mark. Will these markets match the big money of the East Coast, and retain their status as major legal markets? Or will they fade into regional obscurity, unable to draw the same legal talent as their more flush coastal counterparts? The big Chicago shops haven’t budged on associate salaries in their home offices. But one Windy City boutique, Much Shelist, isn’t going down without a fight. Last week they raised all of their offices — including their home office, in Chicago — to the $160K scale. The memo appears after the jump. UPDATE/CORRECTION: The purported Much Shelist memo that appears after the jump is a FAKE.
No, this has nothing to do with Bill Clinton. We’re talking about the other Monica — former Justice Department lawyer Monica Goodling, one of our favorite personalities here at ATL.
Over the weekend, the New York Times published the best article we’ve read in a long, long time. Check it out (annotations ours):
Now this is the point in the post where we should start highlighting the best parts of Eric Lipton’s article, followed by mildly snarky quips. But the entire piece is so delicious that it would be wrong to pick out excerpts. Please read the whole thing for yourself, by clicking here.
Okay, are you done? Great. Discussion continues after the jump.
I have an offer from Patterson Belknap and I just received an email informing me that their bonus is 50K.
Keep up the good work.
To people with two clerkships or two years of clerking experience: no, we don’t know whether Patterson’s $50,000 clerkship bonus is “flat,” or whether they pay more for more than one clerkship year. If you have an offer from Patterson and are in this boat, please contact the firm and find out what their policy is. And then tell your friends here at ATL. Thanks!
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: firstname.lastname@example.org.
Things have changed recently in Korea – a few of our US and UK client firms are looking, very selectively, for a lateral US associate hire. Until just recently, there was not much hiring like this going on in Korea, since US and UK firms started opening offices there. We have already placed two US associates in Korea in the past month at top firms. Most of the hiring partners we work with in Korea do not actively work with other recruiters.
If you are a Korean fluent US associate in London, New York or another major US market, 2nd to 6th year, at a top 20 firm, with cap markets or M&A focus (or mix), or project finance background, and you are interested in lateraling to Korea to a top US or UK firm, please feel free to reach out to us at email@example.com or firstname.lastname@example.org. Our head of Asia, Evan Jowers, was just in Korea recently, and Evan and Robert Kinney will be in Korea in a few weeks. We are in the process of helping several firms open new offices in Korea (a number of which are interviewing our partner level candidates) and also helping existing offices there fill openings.
Professor Joel P. Trachtman has developed a unique, practical guide to help lawyers analyze, argue, and write effectively.
The Tools of Argument: How the Best Lawyers Think, Argue, and Win is a highly readable 200-page book, available for about $10 in paperback or e-book. Chapters focus on foundational principles in legal argument: procedure, interpretation of contracts and statutes, use of evidence, and more. The material covered is taught only implicitly in law school. Yet, when up-and-coming attorneys master these straightforward tools, they will think and argue like the best lawyers.
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