Biglaw

True story: I didn’t leave Schulte to start ReplyAll, I left Schulte to work in the Houston office of BakerHostetler. As the father of three (two and a half at the time) kids living in a cramped apartment, moving to Houston was a no-brainer. The salary was the same, but the cost of living was a fraction of what it was in New York. But, after accepting the offer and traveling to Houston to find a house, I got this sick feeling in my stomach. During nights and weekends of the summer before I left Biglaw, my friend Ari Gold and I had been working on this little idea for a new kind of online conversation. Moving to Houston and starting another legal job would mean giving up on this idea, and I didn’t want to be sitting in a law firm seven years later wondering “what if?”

Calling Sameer Mohan, the partner at Baker who had recruited me, and telling him that I would not be accepting the offer was unquestionably the most difficult decision of my life, and I would by lying if I said I haven’t had my fair share of second thoughts. It’s not just the cash (although you know, the cash wouldn’t hurt). Despite the long hours, Houston firms (particularly Baker) value family and work/life balance in a way that I never saw at firms in New York (not just Schulte), or what I heard from friends who were working in other big markets like San Francisco, Chicago, and Los Angeles. And because David Lat will be speaking in Houston next week, and since we at ReplyAll love to kiss the ass of pander to support and promote our partners, I thought it would be fun to invite Sameer himself for a conversation about the pros and cons of working in the Houston market.

As always, the conversation develops live, so check back over the next few days as the conversation unfolds….

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We’ve been hearing rumblings about it for weeks, and now there’s something to report: Locke Lord and Edwards Wildman Palmer have signed a letter of intent to merge.

Some folks at Edwards Wildman must be breathing sighs of relief (and hoping that nothing scuttles the deal). The past year or so has been challenging for the firm. In the spring, the firm laid off 52 lawyers and staff. In 2013, the firm experienced lots of partner defections and a significant dip in gross revenue.

It’s nice to see a troubled firm get rescued through a merger — e.g., Patton Boggs — instead of suffer the fate of Dewey. What do we know about the possible Locke Lord / Edwards Wildman deal?

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We can help you waste thousands of dollars in taxpayer money to fight for what you sort of believe in.

– “William Hostetler,” the fictional voice of the very real law firm BakerHostetler. BakerHostetler, recently hired by congressional Republicans to spearhead their infamous lawsuit against President Obama, got a send-up on last night’s Tonight Show with a phony ad in the style of every ambulance-chasing firm ever committing to help you, the viewer, work out your frustrations with a frivolous lawsuit against President Obama.

(The whole bit is available after the jump….)

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Professors Tim Wu and Zephyr Teachout

* Sweet billable hours: Congrats to Proskauer Rose on its efforts to keep the Buffalo Bills in Buffalo, New York. It’s the largest deal for the sale of an NFL team in history. [Am Law Daily]

* Your firm brings in billions in verdicts, but that’s not prestigious enough. It needs to be on the inaugural list of America’s Elite Trial Lawyers. See if yours made the cut. [National Law Journal]

* The best way to dodge traps in the LSAT analytical reasoning section is to display your analytical reasoning capabilities by not taking the LSAT in the first place during a time when law schools are in turmoil. [Law Admissions Lowdown / U.S. News]

* Law professors Zephyr Teachout (Fordham) and Tim Wu (Columbia) were defeated in the Democratic primary election for New York governor and lieutenant governor, but they lost well. [New York Daily News]

* The world wants to know if Ray Rice can be prosecuted for domestic violence, even though he’s enrolled in a pre-trial intervention program. Like the answer to all legal questions, it depends. [WSJ Law Blog]

Observers of the legal industry have been wondering about the future of Bingham McCutchen for the past several months. In the wake of a rocky 2013, which triggered some lawyer departures and staff reductions, there has been a fair amount of merger talk.

Some have wondered whether Bingham might “fall victim to its own strategy” — i.e., whether the firm, which grew in power and profitability by swallowing up other firms, might itself get eaten up by a rival.

So what’s the latest on the Bingham merger talk front? And what might happen if the talks go further?

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For most people, there comes a time when you realize you have gone about as far as you can go in your chosen career. It’s a jarring moment if, like many lawyers, you have always had success in school and work and imagined you can go as far as you want. Sometimes it is also called a midlife crisis.

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With the kids heading back to school, it’s a good time to think about how education is changing — especially for lawyers. Our profession prizes continued education, and of course mandates it for those lawyers who otherwise would be too focused on billing or finding clients to learn. Both the way lawyers learn and for some the way they teach have been completely changed by technology. It may be trite at this point, but this is really the golden age of access to information and learning opportunities for everyone, lawyers included.

While on balance the development of the technology that has created the current state of information access has been a wonderful human achievement, there are downsides. Information overload can be paralyzing, and the speed at which information can be found and deployed creates stresses for those required to keep up. But if someone wants to learn something new, they can. And more than ever, for free.

As easy as it is to learn using today’s technological resources, that same technology has changed how a lawyer can teach others just as dramatically. When I gave my first CLE less than ten years ago, it was for lawyers within my firm, in one of the conference rooms, perhaps with some lawyers from other offices “joining” by speakerphone. For many years in Biglaw, that was how CLE was given and consumed. The biggest differences between sessions was the speaker and the size of the conference room. That changed over time, as firms started subscribing to audio or even video recordings of CLE from outside providers. With that development, it became easier than ever for lawyers to “consume” their CLE, often at group lunches sponsored by the firm. “Come for the food, stay for the CLE,” or something like that. Those lunches were a good way to make a dent in CLE requirements, especially if you aimed to get to one every month or two.

As busy as Biglaw lawyers often are, it was not uncommon for my colleagues and me to encounter a “CLE scramble” as registration deadlines approached….

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Judge Jill Pryor

* Mathew Martoma, the former Harvard law student who fabricated his transcript when applying for clerkships, gets nine years in prison for insider trading. [DealBook / New York Times]

* If Bingham McCutchen moves forward on merger talks with Morgan Lewis, a bunch of Bingham partners might bail. [American Lawyer]

* Congratulations to Judge Jill Pryor, who will join Judge Bill Pryor on the Eleventh Circuit. [Fulton County Daily Report]

* Can you be fired for medical marijuana in Colorado, where the drug is legal even for recreational purposes? [ABA Journal]

* Dewey have some good news for the embattled ex-leaders of the defunct law firm? [New York Law Journal]

* Home Depot is the latest major retailer to be hit by a data breach. [Washington Post]

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

We’ve been enjoying the occasional trip back in time to look at Biglaw in ages past. In prior Flashback Friday posts, we’ve covered such topics as the most prestigious law firms in 1998 and billable hours in the 1990s.

And, of course, we have covered compensation. We’ve done two posts so far looking at associate comp in the 1990s, in New York and in other cities — Atlanta, Boston, Chicago, Dallas, Houston, and Los Angeles.

Today we’ll close out the series with an overview of associate pay in the remaining markets of Philadelphia, Pittsburgh, San Francisco/Palo Alto, and Washington, D.C….

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Won’t somebody please think of the children?

That quote comes from the contemptible Helen Lovejoy and probably a bunch of other sanctimonious folks trying to dupe the public into backing some BS agenda armed with the logical fallacy of an emotional appeal. The devil of it is these empty emotional pleas are so convincing to a lot of people. Sadly, lawyers aren’t above pulling this card to snowjob judges and the media.[1]

After the Vergara v. California decision there was a brief volley of commentary before everyone moved on to the next big event. The decision struck California’s teacher tenure law as unconstitutional because granting tenure to experienced teachers could possibly, maybe mean that a “bad” teacher couldn’t be fired fast enough. The decision earned the praise of a bi-partisan peanut gallery from the dwindling posse of Republicans in California to Secretary of Education and NBA Celebrity All-Star MVP Arne Duncan.

Everyone seems to want in on the “education would be peachy if it weren’t for the teachers” movement — including a metric s**t ton of Biglaw bigwigs. Gibson Dunn’s Ted Boutrous and Randy Mastro spearheaded the Vergara case. Ted Olson advised. David Boies is the chair of the Partnership for Educational Justice, a group fronted by former CNN anchor Campbell Brown bringing a similar lawsuit in New York fronted by Kirkland’s Jay Lefkowitzpro bono, of course. Now even Professor Larry Tribe is in the mix.

Stop the sanctimonious love-in. They aren’t championing children, they’re either starstruck or shilling or both. I mean, the Republicans have always wanted to kill unions because it’s easier to gut public schools for fun and profit. Democrats have jumped on board more recently because they want to suck up to tech billionaires like Bill Gates who preach that fixing the public education system that they never really participated in themselves is as simple as building an internet browser (which it is, if you want Internet Explorer).[2]

And all these legal luminaries throwing their reputations behind this effort just highlights how flimsy it is, as a matter of law and policy….

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