Biglaw

When portraying lawyers, television tends to stay away from the horrors of Biglaw. The good versus evil of the criminal justice system tends to get more play; there is more inherent drama when freedom is on the line (and who can resist the ubiquitous chung CHUNG). If any other types of lawyers are represented, it skews toward do-gooders making emotional pleas in court as champion of the underdog or smarmy corporate lawyers finding the loopholes for the rich. But the hard-working cogs that actually make the legal industry churn along go unrecognized.

So what happens when a network sitcom tries to take on Biglaw?

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Kid Rock

* Yesterday afternoon, two of D&L’s former executives quietly settled a clawback suit filed by Alan Jacobs, the firm’s bankruptcy trustee. Dewey know how much Messrs. Sanders and DiCarmine had to pay the piper? [WSJ Law Blog]

* GrayRobinson is the latest firm to hop aboard the medical marijuana bandwagon by launching its own regulated products practice group. Lawyers will soon puff, puff, pass around those lovely billable hours. [Daily Business Review]

* Pain at the pump apparently extends to this gas giant’s résumé dumps. A suit alleging bias in ExxonMobil’s hiring moves forward thanks to the Illinois Human Rights Commission. [Washington Blade]

* Facebook’s founder Mark Zuckerberg will be testifying against Paul Ceglia in court to prove that the alleged huckster faked a contract that claimed he owned more than half the company. Like. [Bloomberg]

* It seems that Kid Rock has been subpoenaed over a glass sex toy that was supposedly given to him by a former Insane Clown Posse employee. Kid Rock is probably thrilled to be in the news again. [MLive.com]

We’ve written from time to time about senior judges, the most senior of whom was Wesley E. Brown of the District of Kansas, who remained on the bench until his death at age 104. We’ve even written about lateral moves made by nonagenarians to highly esteemed Biglaw firms, likely performed with the aid of a walker. We’ve never written about centenarian Biglaw attorneys, presumably because there are very few of them, but that’s about to change.

Fear not, clients, for that’s not a blood stain on your legal documents. It’s prune juice, because a 101-year-old lawyer was working on your deal, and he needs to stay regular to keep his billable hours up.

Which Biglaw firm is keeping this extremely senior counsel on its payroll?

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If you need it, build it. We needed help. And we saw an opportunity. So we took action, and now have another business as a result. I’ll explain. The need was simple. Because of our work with investors interested in understanding how patent litigation events impact on their investments, we found ourselves needing to monitor many active patent cases, in addition to the cases we were litigating ourselves. At one point, we considered hiring an intern to help with this specific task, at least during the trading day. But we quickly realized that solving this problem required a software-based solution. So we set out to build one. We looked for something available that would do the job, and failed to find anything useful.

Thanks in no small measure to the talent of our programmer, what we built worked. We were able to get automated alerts of new docket entries and opinions directly to our email. And we could do so for multiple cases, alleviating the concern that we would miss an important opinion. Because our clients tend to have sizable investments, there is a premium placed on our ability to let them know of litigation events quickly and to interpret those events for them, so that they could protect their positions or initiate new ones, based on the recently released publicly available information. As a fail-safe, we began having the alerts sent directly to subscribers of our consulting services. And now we have decided to offer it publicly (www.litigationalpha.com) to fellow lawyers, retail investors, and whoever else can benefit from automated alerts generated based off District Courts docket entries and opinions….

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Lawyers love detailed instructions and examples, even in their love lives. They want to know if they’ll be able to find a romance at their high-ranking law schools, and they’re obsessed with Legal Eagle Wedding Watches, if only as confirmation that some day they too will be happily married.

What these inquisitive lawyers all seem to forget, though, is that the prelude to the perfect marriage is the perfect engagement ring.

But how much should you be spending on one?

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I’ve never met you, but I assume that you’re incompetent.

I realize that sounds a bit harsh, but it’s time someone told you the truth.

Some people assume that strangers are competent. One of my colleagues in our Law Department said to me recently: “Outside counsel says we won’t have much liability in that case.”

I naturally asked, “Is he right?”

She was shocked: “He’s a partner at a well-respected firm. We hired him. I assume he’s competent.”

That got us to talking. My colleague gives strangers the benefit of the doubt; she assumes that people are competent until they prove otherwise. I’m exactly the opposite: When I meet you, my working assumption is that you’re inept. Over time, there’s a chance you’ll convince me that I’m wrong. (But probably not.)

Why do I assume that all new people I meet are incompetent?

No, that’s too easy. Here’s the better question: Why am I right to assume that everyone’s incompetent, and why is that a helpful way to go through life?

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The LSAT’s fate come August?

* NO, NO, NO, NOTORIOUS! Previously unpublished documents from the Clinton White House have been released, and it looks like Justice Ruth Bader Ginsburg was criticized for her “laconic” nature. Not cool, Bill. [Legal Times]

* Document review jobs aren’t going anywhere, folks. Exhibit A: Winston & Strawn’s e-discovery practice is bringing in the big bucks, earning the firm more than $20 million in revenue last year. [Capital Business / Washington Post]

* More lawyers are being treated for substance abuse for drugs and alcohol than ever before. In fact, a founding partner of Farella Braun + Martel, one of California’s largest firms, was once a “functioning alcoholic.” [Am Law Daily]

* A Florida jury apparently set on “sending a message” to tobacco companies awarded $23.6 billion in punitive damages to a chain smoker’s widow against RJ Reynolds. That was a costly message. [Reuters]

* June 2014 marked the fewest people who sat for the LSAT in 14 years, but it may get even lower if a new ABA proposal which would allow the test to be waived for 10% of students passes. [Central Florida Future]

* Dan Markel, FSU Law prof, criminal law theorist, and PrawfsBlawg founder, RIP. [Tallahassee Democrat]

We posed this question earlier today. The answer, according to a recent news report, is yes.

The past few months have been bumpy for Bingham. In February, we reported on falling profits, partner defections, and staff layoffs. In June, we covered additional partner departures. (By the way, the two “unidentified partners” who went to Skadden turned out to be tax partners Rajiv Madan and Christopher Bowers; they left Bingham due to a client conflict.)

In recent weeks, Bingham conducted a management shake-up. And now comes word that it might be looking for a merger partner.

Keep reading for our review of the reports, plus an internal email that just went around the firm commenting on the speculation….

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Hop in the DeLorean and travel back in time with us.

In our two most recent Flashback Friday posts, we looked at associate compensation in the 1990s. Today we’ll take a break from that topic and mix it up a bit. (We’ll return to cover associate comp in the remaining batch of legal markets at some point in the future.)

Last week we looked at associate pay in New York in the 1990s. Let’s stay in that city and that decade and examine another subject: NYC’s top law firms, circa 1991.

Some of these firms remain on top today. And some of them are six feet under….

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During a time when demand for legal services is flat, average revenue per lawyer is down, and managing partners’ overall confidence in the market is slipping, the proper keeping of time for all of those billable hours generated by toiling associates has never been more important. For better or worse, law firms are desperately trying to incentivize associates to submit their hours on time.

As we mentioned way back in 2010, “Time keeping is more accurate when you do it every day (as opposed to trying to recreate your days at the end of the week or month). Firms are struggling to collect from their clients. And, for what it’s worth, billing hours is part of the job for attorneys.”

Another part of an attorney’s job is the ability to follow rules. One Biglaw firm just rolled out a new time entry policy, and if its associates don’t follow these rules, they can expect some pretty negative consequences when bonus season comes around…

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