There’s no love lost between cops and guys in wheelchairs.
You know things are not going well for the police when a judge uses the citation “U.S. Const. amend. IV.” Not a case interpreting the Fourth Amendment, not a scholarly analysis of search and seizure law, just a straight-up shout-out to the plain text of the constitutional prohibition. It kind of tells you where the judge is going.
Today’s installment of “Why Can’t You Just Get A Warrant” comes out of the Montgomery County courthouse near Dayton, Ohio. According to the judge’s order granting a suppression motion, the police subdued a wheelchair-bound paraplegic and searched his home. And by “subdued,” I of course mean: tackled a man in a wheelchair, handcuffed him, then pretended to be worried about the man’s grabbable area.
Ed. note: This is the latest installment in a series of posts from the ATL Career Center’s team of expert contributors. Today, from Ross Guberman, a look at lawyers’ ethical breaches and their consequences.
Quick: List all the ways you can get into ethical hot water while writing a brief, and then list all the things judges can do to you in return.
Sometimes lawyers go too far, but do judges ever overreact?
In your short and fascinating book, we meet all sorts of wayward attorneys who are in some way punished by courts for something they’ve done in a brief. One attorney called the members of an administrative board “monkeys” and compared their pronouncements to the “grunts and groans of an ape.” Another attorney neglected to mention an unfavorable case even though he himself was counsel in that case. Yet another referred to opposing counsel as “Nazis and redneck pepper-woods.” And various other attorneys drafted a proposed order with a first sentence that’s nearly four pages long, filed a complaint that the court called a “hideous sprawling mess,” cited a dissent as controlling authority, or copied another lawyer’s brief.
When you compare all these alleged ethical breaches with the penalties they provoked, what are a few of the behaviors that seem to irk judges most?
* Our annual Law Revue Video Contest is still a few months away, but if you like making legally themed videos, keep an eye on this contest (more details forthcoming, including info on the prizes). [Federal Bar Association]
* Speaking of contests, we welcome your votes in the ABA Journal’s Blawg 100 (under “News/Analysis”). [ABA Journal]
* And speaking of Above the Law, the deadline for applying for our writer/editor position and our internship is tomorrow — so act now if interested! [Above the Law]
If there were such a thing as the perfect benchslap, this would probably be it. It comes from the great state of Texas, where federal judges are prone to calling attorneys stupid attention whores, where invitations to “kindergarten parties” are issued to lawyers who can’t be civil with their adversaries, and where judges order each other to “shut up” in open court.
And now, for your viewing pleasure, we present this gem….
* Speaking of apps, te “App from Hell” would be more interesting if it were actually an app. But hiring Professor Dan Solove to teach your colleagues about privacy is still a good idea. [Teach Privacy]
* A dean of the University of Ottawa Law School wrote an op-ed defending Canadian law schools (which aren’t even as bad as U.S. law schools). Remember when deans didn’t have to defend law schools because there were “jobs” for “new attorneys”? [Canadian Lawyer]
* Here’s an article about Formula 1 racing that you don’t need Google translator to read. [Dealbook]
* Bonus podcast! I mean, Lat did a podcast with the ABA Journal about bonuses, not that there’s a podcast you can listen to in order to get a bonus. [ABA Journal]
* Bonus Lat! I mean, here’s a story about David Lat and the changing coverage of law firms and the legal profession. [Details]
* Chief Justice John Roberts gave a Solicitor General’s Office attorney a vicious tongue-lashing for failure to be upfront about policy changes between presidents. Now that’s what we’d call a verbal benchslap! [Thomson Reuters News & Insight]
* When asked if they’d be following Cravath’s bonuses, a dozen Am Law 100 firms didn’t even care to respond or discuss the matter. It seems the partners would rather keep their associates squirming with suspense a while longer. [Am Law Daily]
* Watch out, world, because Catholic University of America just hired a Biglaw senior partner to lead its law school. Say hello to Dean Daniel Attridge, formerly managing partner at the D.C. office of Kirkland & Ellis. [National Law Journal]
* A federal judge ordered tobacco companies to disclose in product warnings that they chemically induce smoking addictions to turn a profit, but those fools will keep puffing their cancer sticks anyway. [WSJ Law Blog]
* This just in from Flori-duh: you know you’re probably going to have a bad day in court when the judge won’t declare a mistrial even though the prosecutor technically wasn’t a member of the state Bar. [Miami Herald]
Federal judges don’t always tell lawyers that their writing is crap, but when they do, they’ll do it in a publicly filed court order. Because while judges have got many a tool in their benchslapping arsenal, a public shaming is perhaps the most useful of them all.
Today’s instance of public shaming comes to us courtesy of Judge Steven Merryday (M.D. Fla.), the same fellow who denied a motion to suspend trial in a death penalty case from an attorney who wanted to participate in an Ernest Hemingway look-alike contest.
Let’s jump right in and see what happened, because this judge had a field day with redlining….
We remind Delaware judges that the obligation to write judicial opinions on the issues presented is not a license to use those opinions as a platform from which to propagate their individual world views on issues not presented. …
To the extent Delaware judges wish to stray beyond those issues and, without making any definitive pronouncements, ruminate on what the proper direction of Delaware law should be, there are appropriate platforms, such as law review articles, the classroom, continuing legal education presentations, and keynote speeches.
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 six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.