A Legal Tabloid - News, Insights, and Colorful Commentary on Law Firms and the Legal Profession
Managing Editor: David Lat
Editor: Elie Mystal
Assistant Editor: Staci Zaretsky
Contributors: Kashmir Hill, Marin, Mark Herrmann, Jay Shepherd
After two federal clerkships and several years as a litigator in law firms, David Mowry is happily ensconced as Counsel in Xerox Corporation’s Office of General Counsel. He specializes in commercial leasing transactions, only sometimes misses litigation, and never regrets leaving firm life. You can reach him by email at email@example.com.
Talking to my mother in Edmond, Oklahoma on Monday afternoon took a turn for the scary when she told me that Moore had just been hit by another very serious tornado and another one was (click)….
It took me two hours to reach my brother, who also lives near Oklahoma City, and who ironically enough works for a large cellular company. After my ranting about the lack of service that scared the bejeezus out of me, he informed me that while all was well with my family, Moore was devastated — again. I am guessing that some readers were around eight years old in 1999, when Moore was last left resembling a Technicolor Hiroshima. I am certain that some residents thought a once in a lifetime storm would never happen again, but it seems that Moore sits on some sort of Hellmouth. That’s the thing with tornadoes, they come out of the blue, there’s nothing you can do to stop them, and your only protection when you have no basement, is to hunker down in a bathtub and pray — and that’s if you’re lucky. It is the same thing with business catastrophes. And while that segue might seem rough at first blush, put in the context of this week’s damage, it makes a certain amount of sense…
Imagine that you are an associate at a law firm who is taken out for the “last drink.” And you are forced to deplete your savings, and now you can’t pay your bills, and your credit score suffers — greatly.
Now, imagine that you land an interview. And the potential job has a box on its application that you check — allowing them to check your credit. Ding! So, essentially you can’t get a job because you lost a job, and now you need a job to cover your bills that have accrued since you lost the first job.
“The really important kind of freedom involves attention, and awareness, and discipline, and effort, and being able truly to care about other people and to sacrifice for them, over and over, in myriad petty little unsexy ways, every day…. The only thing that’s capital-T True is that you get to decide how you’re going to try to see it. You get to consciously decide what has meaning and what doesn’t…. The trick is keeping the truth up-front in daily consciousness.”
I am usually late to appreciate great things – i.e., the Grateful Dead, foreign cinema, red high top Reeboks (trust me, they were a “thing,” unfortunate, but still) and David Foster Wallace. I often write such things off as “fads” only to realize later in life, when I have yet again matured a bit, that I was missing out due to my own prejudices or some other ignorant trait. I came across the above speech and a fairly cool video on gawker.com today. I had heard of Wallace and written him off, not wanting to conform to a mob mentality of greatness aimed in his direction. But, after truly listening to his words, and allowing them to touch me, I did a bit of research. Somewhere in the back of my mind, I recalled that he had committed suicide, and upon further review, it was largely due to severe depression. Then, I came upon Elie’s piece regarding the T6 candidate with Asperger’s…
Some time ago there was an attorney up for United States Attorney General, I believe, and she got stung for having hired illegal aliens as nanny and chauffeur for which she paid no taxes. She had to withdraw from consideration and was fairly embarrassed by the whole fiasco. So was the Clinton Administration. Then, a federal judicial nominee was hit with the same charges – though her employment of the nanny in question was legal at the time it occurred, the court of public opinion ruled the day. I bring up these two examples of ethical dilemmas that lawyers can find themselves in and how relatively easy they are to avoid…
In the Mob, you know a guy is done for when he is asked to “take a ride.” In Biglaw, it’s when the practice group leader asks you to have a drink after work. In-house is different — there is an announcement of restructuring, there is a rumor cycle of what department is getting hit, then there is a waiting period to see which people “take a package” voluntarily, and then the other shoe falls.
It can be unnerving to see people escorted out of an office with a box or two in hand and a security officer following behind. It is scary how quickly a person gets “wiped” from the intranet. They were there this morning, and a few hours later, all email bounces back. Since you are not a manager, you won’t know until there is a knock at your door.
I remember the first time I saw this occur. I was scared out of my mind at the news of “layoffs.” I visited a senior colleague who talked me out of the tree — she had been through too may of these to count and was nonchalant. First, there is nothing you can do if the decision has been made, and second, a bigger corporation means the odds are ever in your favor. Since that first experience, I have taken the advice to heart, but have also taken steps to ensure I can exit as smoothly as possible if the unfortunate ever happens….
Last week’s column was not intended for a particular group, other than those who enter the world of Biglaw and then wonder what has become of their work/life balance. Some accused me of whining. If that is how you comprehended my message, it speaks to a lack of either comprehension on your part, or writing talent on my part. I was not complaining, I was preaching — or trying to preach. I receive so many letters from young (inexperienced) attorneys and law students asking me about the mythical work/life balance that I took the opportunity to blow off some steam in an attempt to speak truth. I feel that I may not have been thorough, and want to further elucidate (bloviate).
Would you go to work as a deep-sea welder and then complain that you don’t get home enough? Or how about an over-the-road truck driver? Or a fireperson(?) who works three on/three off shifts? No, you wouldn’t. And who would be so dim, right? People going into those jobs know the requirements up front, and still choose them. They don’t later bitch and moan that what they lack is a fireman’s committee that will present grievances to the higher-ups – and they especially don’t complain about this falsehood called work-life balance.
At my last firm, there was just such an “Associate’s Committee,” and they put together a manifesto of sorts that they presented to the partnership. And you know what? Not a damned thing changed, except the partners got angry. And I was angry. It was embarrassing to me that I would be viewed by some partners as actually agreeing to that tripe. I knew what I was in for when I signed on for firm life so very long ago. Don’t get me wrong, I am not taking the tack of a codger lecturing to newbie “why, in my day…” To the contrary, I am speechifying that if you find yourself in a position at a law firm in which you are unhappy, it is likely your own damn fault.
Unlike the latest Harmony Korine movie, filled with neon bikinis, former Disney princesses. and James Franco in bad dreads, my Spring Break consists of hanging with my kids while my wife works 24/7 on a grant application. We don’t make annual pilgrimages to Turks and Caicos; we make bi-weekly trips to Wegmans. But you know what? I signed on for this, and no amount of island sand can replace the sound of my younger boy reading a bedtime story to his little sister for the first time last night.
I read with interest the compensation package for the anonymous in-houser that Lat posted yesterday. In the comments, I pointed out that the package wasn’t outrageous or impossible, just that it was (way) outside of the norm. And that is okay. I chose this life and I am happy to say that it has been a soft landing for me. I have a good job, in a real estate market that is hard to beat — anywhere.
Lat is correct that Susan, Mark and I need to be circumspect about compensation; it would not do for our employers to see a pay scale pasted on these pages. So what can I say about my comp?
First, some random thoughts on the legal news of the week:
1) Who gives two ***** if gay folks get married? Or have the same rights as you and me? My goodness, if two people want to get married, God Bless them! And it is a civil rights issue; being told that you can’t have information on your partner’s hospital stay because of HIPAA is downright medieval. The pastor whose YouTube speech went viral after reading from anti-desegregation literature and turning it into an anti-gay marriage diatribe was probably the most brilliant argument in defense of gay marriage. Twenty years from now we’ll be saying: “Gay marriage? Meh, it’s really those damned ______ that we have to watch out for…” Hey, it’s America, **** yeah!!, every group gets a turn at being the downtrodden.
2) Don’t get me started on North Dakota’s draconian steps with regard to a woman’s right to choose what to do with her own body. Now see, it’s Holy Week and I probably can’t take communion.
3) This DLA Piper billing debacle? Makes me sick, and is a perfect segue into finishing my column from last week. I know I know, DLA came out and said, “Heh heh, we were just kidding. Those guys aren’t even around here anymore. Overbilling? Meh. Never happened, we promise.” What did you expect them to say?
I happen to know personally one of those mentioned in the story, and he was just as much a dim bulb back then, so it is no surprise that he wrote that stuff in an email. That he moved on to a partnership at another firm is no surprise either. I will say that he is infamous for leaving one of the funniest and most outrageous drunk emails voicemails on a colleague’s phone early one morning. And he probably can’t figure out who he is from this blind item in any event. But, I digress, back to overbilling…
It is common knowledge around ATL that I am a huge proponent of the Association of Corporate Counsel (“ACC”). I have served on their boards, presented at their seminars and annual meetings, and generally participated as much as my time allows. Now, truthfully, this amount of participation has gotten me to Orlando, Los Angeles and New Orleans; all absolutely necessary trips, I swear. But there is another side to ACC than just fantastically run and organized events and parties, and that other side is advocacy on the part of business, and specifically in-house business.
Lat sent me a press release this week focused on an amicus letter that ACC sent to the S.D.N.Y. regarding the plaintiffs’ attorney fees request in In re Citigroup Securities Litigation, Case No. 1:07-cv-09901-SHS. After reading the letter and doing some research on my own, I came to the conclusion (yet again) that I have missed the boat by not practicing plaintiff-side law. These folks are asking with straight faces for what seem to be exorbitant and outrageous fees. Specific to this post and the ACC letter, they argue that contract attorney time (such attorneys normally make modest hourly wages) should be calculated at Biglaw associate hourly rates in order for the judge to arrive at a fee award. To put on my elite intellectual vocabulary hat for a moment, this is crazy talk…
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at firstname.lastname@example.org in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
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