Based on the traffic we’ve been seeing, there is considerable interest in the new ATL Power 100 Ranking of law firms. The Power 100 blends objective data with subjective feedback from over 20,000 law firm associates and partners. The result is a holistic picture of each firm, encompassing employee satisfaction, compensation, reputation, desirability as an employer, and data-driven measures of firm growth. The Power 100 offers a new perspective on how Biglaw firms stack up.
Today we share the leading firms in some of the individual categories of our rankings formula: Which firms have the highest growth rate? The lowest leverage? Which firms’ lawyers are happiest with their pay? Which firms are considered the most desirable employers?
In last week’s column, I discussed the importance of effective deposition defense, with a focus on the client-facing aspects of the process. Now it is time to focus on the true star of the show, the witness.
Yes, some witnesses will be important, perhaps even a senior executive at a client. Or a technical expert, on whose testimony your case rides. And other witnesses will be more tangential, like the IT guy you need to defend with respect to e-discovery issues.
Yes, I understand that every witness is critical, especially when it comes to e-discovery. Human nature, however, is to treat “important people,” like executives and experts, with an extra level of care. As a lawyer, the key is to treat every witness you are preparing for deposition with respecr — while remembering your role as an advocate, tasked with winning your client’s case. Effective defense of depositions goes a long way towards achieving favorable litigation results.
Here’s the rule: Make it perfect; then send it to me.
(Yeah, yeah: That’s a slight overstatement, and there might be occasional exceptions to the rule. But let’s explain the rule first, for the benefit of the slow students. We’ll teach the exceptions to the advanced students next semester.)
The old guy — the curmudgeon who’s heading up the team — has been playing this game for decades. He’s been marking up crappy drafts since before you were born. He’s been receiving bad drafts at 6:30 p.m. on Friday (“so that you can have the weekend to look at it”) since God was young. That crotchety old coot really, really, really is not interested in seeing more bad work. (Put yourself in his shoes for a minute: Why would he possibly want to see your appalling first draft?)
Make it perfect; then give it to him. Why should he bother looking at anything other than your best work?
* This just in: Now that the Fifth Circuit has refused to hear the Texas abortion case en banc, it looks like we may see a viable case about a major social issue being brought to Term before SCOTUS after all. [National Law Journal]
* Skadden came out on top of the Bloomberg, Thomson Reuters, and Mergermarket league tables for the highest transactional value of its mergers and acquisitions deals in 2014. Congrats on kicking the competition’s ass. [Am Law Daily]
* Per HBR Consulting, clients are winning the war when it comes to getting legal services on the cheap. Consider this a “call to action for law firms to reconsider the way they do business.” [WSJ Law Blog]
* The Elon University School of Law is completely revamping its academic offerings in order to offer a law degree that can be earned in 2.5 years, and for about $14,000 less. Nice work! [Triad Business Journal]
* Lindsay Lohan’s attorneys filed an amended complaint in her case against Grand Theft Auto’s publisher, this time going so far as to spell their client’s name correctly. [Hollywood, Esq. / Hollywood Reporter]
In the simplest terms, it is fair to say that law firm starting salaries are flat. The fact that the incidence of $160,000 as the starting salary at the largest law firms is less than it was before the recession is really more a reflection of the changing contours of the large firm market, not the fact that law firms are paying entry-level associates less than they used to. Many law offices that are part of large firms, particularly those in the largest markets, continue to pay $160,000, but the data since 2009 clearly show that the large firm market now also contains many firms that do not pay $160,000. In some ways the data simply reflect the growing cohort of large firms, and it shows that they are not a monolithic entity. In many markets starting salaries of $145,000 or $135,000 or even less are the norm.
* Thanks to a partner from K&L Gates, victims of revenge porn will be able to rely upon the assistance of the Cyber Civil Rights Legal Project to guide them through the courts pro bono. [National Law Journal]
* The latest Princeton Review rankings are out, and now you can find out if you attend a law school that has some of the best professors in the country. Spoiler alert: Yale Law isn’t No. 1. [Huffington Post]
* Calling all lawyers and law students! If you bought a Red Bull in the past 12 years to get through an all-nighter, then you’ll be able to make some quick cash from this class action settlement. [BuzzFeed]
* It seems Madam Justice Lori Douglas, the Canadian judge whose nude pictures were leaked online, is no longer facing sexual harassment charges. That must be nice for her, all things considered. [CBC News]
* Per federal prosecutors, if you’re not too high to suck at playing games on Xbox, then you’re not too high to forget about friends of the accused Boston bomber removing evidence from your room. [Bloomberg]
* Adrian Peterson’s felony child abuse trial is supposed to begin in December, but it could be delayed because the judge may have to recuse. That’s what happens when you call lawyers “media whores.” [CNN]
Sometimes, firm publicists need to understand that it’s more about shoulda than coulda. Sure, you could put your entirely capable but not necessarily media-trained new chairperson in front of a camera to film an awkward welcome video, but that doesn’t mean you should. The buzzword-driven types probably shouted “New Media!” and “Video is the Future!” or some such and cajoled this lawyer in front of the camera.
What we ended up with are some of the worst line readings since Attack of the Clones….
Biglaw litigators may enjoy healthy pay, but they are also the target of some ribbing — particularly from the trial-lawyers bar. Anyone who has practiced litigation in Biglaw has heard that they are at best a “deposition lawyer,” better suited for churning out endless motions than for performing in front of a judge or jury. There is no doubt that for the majority of Biglaw litigators deposition experience is much easier to come by than trial experience. And while trials are definitely more intensive and fun, in my experience preparing for a critical deposition in a patent case is in a way more difficult. Unlike at trial, where nearly all of the direct and cross examinations are scripted, there is an element of the unknown at a deposition.
When it is an important witness, such as a technical or damages expert, everyone involved in the case knows that a deposition can be a make-or-break event. In fact, one of the things that makes preparing for trial testimony easier than preparing for a deposition is that when we prepare for trial, we rely heavily on prior testimony in the case. The best source for that prior testimony? Deposition transcripts. But going into a critical deposition, there is much more uncertainty. Everyone on the team worries if the witness will hold up. Does not matter how experienced the expert is, or how senior a business person. The wrong answer can doom a case.
While it may seem like deposition defense is a thankless job, it also provides a priceless opportunity to “hear” your opponent’s approach to important issues in the case. And that can be even more valuable than trying to extract information from a well-prepared witness at a deposition you end up taking at another point in the case.
Average law school debt for graduates of private universities hovered around $122,000 last year. With only 57% of new attorneys actually obtaining real lawyer jobs, recent graduates have a lot to consider when it comes to managing their student loan payments. Thanks to our friends at SoFi, today’s infographic takes a look at student loan debt, including the possible benefits of refinancing for JDs…
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act. InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online. By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.
The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly. This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.
However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: