[T]his might be a helpful alert to lawyers who are hiring someone to try to promote their sites: It’s possible that the promotion might consist of behavior that is par for the course for purported penis enlargement products, but not really in keeping with the sort of reputation that lawyers generally seek to cultivate.
– Professor Eugene Volokh, issuing a warning to lawyers that hire outside companies to promote their law firm websites using spam blog comments.
Complete honesty is such a dangerous thing.
I’m going to give it a shot.
I’m posing three questions to myself today. First, why might a lawyer at a law firm choose to write articles? Second, what topics should lawyers write about, and where should they publish the articles? Finally, why might an in-house lawyer choose to write?
The honest truth is that outside lawyers choose to write for many, varied reasons. In-house lawyers might also choose to write for many reasons, but those reasons are different and fewer. Across the board, authors’ motivations for writing will be mixed.
Do I have a right to speak on the subject of publications? My credentials, in a nutshell, are these: Three books; twelve law review articles; two book chapters; about 70 other, shorter articles (in places ranging from The Wall Street Journal and the Chicago Tribune to Pharmaceutical Executive and Litigation); and maybe 600 blog posts (roughly 500 at Drug and Device Law and north of 100 here). Call me nuts (and I may well be), but I’ve spent a professional lifetime doing a ton of “recreational” legal writing.
Why did I do it? Should you?
Continue reading “Inside Straight: ‘Recreational’ Writing, In-House and Out”
SOPA is getting pwned. Yesterday, all the uber players with their epic gear hopped on Vent and raided the SOPA base, and now the newbie Congress people who sponsored the law are running scared. As we mentioned in Morning Docket, the sponsors of the Stop Online Piracy Act have “renounced” their law. The New York Times reports that Senators and Congresspeople are abandoning this thing like it was a campaign promise.
Google, Wikipedia, Reddit, all of the big internet corporations flexed their muscles — and oh, by the way, this is what it looks like when corporations use speech for speech, as opposed to pretending that anonymous corporate campaign contributions magically count as speech.
In the wake of this victory, here’s a question: Is this what we want? Yesterday, the internet used its power for good (though I fear the movie industry will strike back by making you watch full-length Kevin James movies before you can download the next Batman preview). But what if in the future “the internet” wants something bad, something that is more than the mere protection of freedom?
Sorry folks, no relation.
Hi everybody! I’m Chris Danzig. You might have seen me around Above The Law over the past year, covering technology and West Coast legal news. As of today, I’m excited to be the site’s newest full-time editor, joining David Lat, Elie Mystal, and Staci Zaretsky.
I’m a journalist by trade, not a lawyer. I’ve spent too much time writing about the law — and the stressful situations that can arise within the legal profession, which sometimes drive lawyers to drink — to ever want to practice.
I went to journalism school at Northwestern University. I helped investigate a wrongful conviction case with the Medill Innocence Project while I was in school. After graduation, I was the assistant editor at InsideCounsel magazine in Chicago, where I covered legal technology.
I left that job about two years ago, and have worked as a full-time freelance reporter since then. I’ve written for a variety of publications, covering health care, music, social justice, and a bunch of other stuff. I live in the San Francisco Bay Area, where I was born and raised.
Keep reading for more personal trivia about yours truly (and to see the photo of myself that Lat asked me to provide)….
Continue reading “Mother, Tell Your Children Not To Read My Stories: Meet Team ATL’s Newest Member”
It’s tough being the managing partner of Bigg & Mediocre. All of the hard issues land on my desk. We’ve hired a new Chief Marketing Officer, and this guy recommends that we launch some firm-branded blogs. Press reports say that 94 percent of the AmLaw 100 plan to use blogs as part of their marketing efforts. I guess I have to make a decision; what should we do?
I’ve never actually visited a legal blog. I’ve certainly never subscribed to a good one (if there is such a thing, which I doubt). Someone once sent me a link to something called “Above the Law,” but that was just a post discussing our year-end bonuses.
To blog or not to blog: What’s a managing partner to do?
Continue reading “Inside Straight: Should My Big Firm Blog?”
It’s hard to believe that another year has passed, but here we are. It’s December 31st, New Year’s Eve. The weather is turning cold, the Republican presidential contest is heating up, and it’s time to review this year’s biggest stories on Above the Law.
Consistent with past practice, we will refrain from offering our subjective judgments on the most important stories of the year. Instead, just as we did back in 2010 and 2009, we’ll identify the ten biggest stories of the past year as decided by you, our readers. With the help of our friends at Google Analytics, we’ve compiled a list of our top ten posts for 2011, based on traffic.
In terms of overall topics, the most popular category page for the year was Law Schools, for the second year in a row. This shouldn’t come as a surprise, since the year was an eventful one for the legal academy. It would be fair to describe 2011 as an annus horribilis for the law school world, with various forces laying siege to the ivory tower. The attackers include not just unemployed lawyers turned scambloggers, but the mainstream media, led by David Segal of the New York Times; plaintiffs’ lawyers, who have already sued several law schools (and have announced plans to sue at least 15 more in 2012); and even a tenured law professor calling for reform (Paul Campos, currently in the lead for 2011 Lawyer of the Year).
The second most-popular category at ATL: Biglaw. Although we’ve expanded our small-firm and in-house coverage dramatically here at Above the Law, adding multiple columnists in each space, our coverage of large law firms still draws major traffic and drives discussions.
Now, on to the ten most popular individual posts on Above the Law in 2011….
Continue reading “Above The Law’s Top Ten Most Popular Stories of 2011″
Thoreau admonished us that we cannot “kill time without injuring eternity.” But what did he know? That proto-hippie pond-fetishist could not have imagined today’s world, where our collective attention spans have shriveled to goldfish levels and so much actual productive white-collar labor can be, to an observer, indistinguishable from simply loitering in front of a computer screen. Unless someone is looking over your shoulder, nobody knows whether you’re on PACER or playing Angry Birds.
We asked you, the ATL readership, where you turn for distraction when you don’t feel like billing or studying. The results of our research poll, after the jump….
Herman Cain: Do you miss him yet?
* It’d be easy to say “a former Tea Party candidate posted about assassinating the President.” But it’s probably more accurate to say a crazy, racist, loony person scrawled something naughty on Facebook and is now in trouble. [Huffington Post]
* I’d like to buy this, and then use it to TP Herman Cain’s house while screaming, “It’s less complicated than your sex life!” [Tax Prof Blog]
* I wonder if, a generation from now, people will look back on Citizens United like Plessy v. Ferguson. Like, there will still be a few holdouts saying, “money is speech now, money is speech forever,” but most of society will have moved on to a more enlightened state. [Congressman John Yarmuth]
In my lifetime, Kobe has been one of the most fun players to not like.
* Maybe all we need is a simple Constitutional amendment clarifying that “only people are people.” Corporations are not people. Animals are not people. Artificially intelligent robots who one day rise up to threaten humanity’s existence are not people. [Miller-McCune]
* Oh, Kobe. When you beat a rape rap yet still have to publicly admit you bang hoteliers in Vail, you should just get divorced right then and there. No number of diamond nor championship rings is going to put that back together. She’s still going to kill you in the divorce, and all you’ve bought yourself is a few extra years of living with a woman who openly hates you. [L.A. Now via ABA Journal]
* You think bloggers suffer from group think too much? I vote for 2012 being the year when the mainstream media stops stealing story ideas from the blogs (without credit), and does some actual original reporting again. You know, like they are supposed to with their huge staffs and massive budgets. [What About Clients?]
* Someone figured out exactly what’s on every nerdy lawyer’s holiday wish list: an iPhone app for PACER. Get it while it’s hot — it’s free! [iTunes App Store]
* The First Amendment will always reign supreme, even if people are harassing religious old ladies on the Twitter. [Underdog]
* Legalizing same-sex marriage is like eating your vegetables. You might not like it, but it’s good for your health. [Jezebel]
* This is quite possibly the worst “bitch owed me money” story ever. What kind of a person sets a grandma on fire? In an elevator? [TIME]
* Thanks to technological innovations, friending people online might soon carry more meaning than friending them in real life. [What About Clients?]
* Go ahead, get up and tweet about the location of DUI checkpoints. Just make sure you take those 12 steps back to your seat when you’re done. [Legal Blog Watch]
* My birthday is on Wednesday. If you want to give me a present, you can vote for Above the Law in the ABA Journal’s Blawg 100, under the “News” category. [ABA Journal]
How do you build a practice for a law firm?
Everyone has a theory; I’ll provide a case study.
In 1997, Congress was about to pass a law that would have been great for America, but horrific for business at the law firm at which I then worked. The firm thus (intelligently) created several committees to try to create new practices that could keep lawyers busy if the promised bill became law. I was asked to chair the “drug and device product liability business development committee.”
At the time, my firm did essentially no pharmaceutical product liability work. I’d helped to defend a set of medical device cases, which was about as close as anyone had come to actual experience in the pharmaceutical products field, so I was the natural choice to lead this effort. When given that assignment, what do you do? How do you build a practice essentially from scratch?
Continue reading “Inside Straight: Building A Practice — A Case Study”
Now THIS is a legal ad.
It’s easy to forget that lawyering is a business that requires a significant amount of advertising. Lawyers offer a service, and as many unemployed attorneys know, the profession includes lots of people doing essentially the same work. You have to find your customers to make it rain.
For more and more attorneys, blogging has become one part of an overall marketing strategy. Is law blogging always advertising? The Virginia State Bar seems to think so. Last month, it disciplined a small-firm attorney for not providing adequate advertising disclaimers on his blog.
Is the Bar, as Judge Richard Posner likes to say, being an ostrich? Is it sticking its head in the sand and ignoring the current technological paradigm — or is there a legitimate ethics concern here? Let’s see….
Continue reading “Is Law Blogging Just Advertising? The Virginia Bar Thinks So”
I’m one this week! Happy birthday to me!
Though it feels like only yesterday, I published my first column at Above the Law on November 18, 2010. I’ve published two posts every week since then (except when Monday holidays excused my labors), so I’ve cranked out about 100 of these little ditties over the last 52 weeks.
I’m tired. But I’m one!
How can I celebrate?
It seems like a good day to reminisce. What did I do right over the last year? What did I do wrong? And what have you, my readers, contributed that I can share with the world on this, my happy day?
Let me tackle the issues in that order….
* One of the reasons that members of Congress are so filthy rich is because they’re only technically breaking the law, but Scott Brown wants to try to curb Congressional “insider trading.” [CBS News]
* In other Congressional news, pizza is now considered a vegetable. And fat people the world over rejoiced by stuffing their faces and continuing to clog their arteries. But not me, because goddamn do I hate pizza. [MSNBC]
* MMA fighters sue, saying the ban on fighting in the state of New York is unconstitutional. If beating someone’s face in is an art form, then Anderson Silva is this generation’s Picasso. [New York Daily News]
Find out whose face the Spider should beat next, after the jump….
Watch my fat wallet devour its prey.
* Should we allow circuit judges to sit by designation on the U.S. Supreme Court? Here’s an interesting idea from Professor Gerard Magliocca. [Concurring Opinions]
* Hey Yalies: Did your alma mater accidentally make your name and Social Security number available to the public? (I got a letter about this; I guess it was legit.) [Gawker]
* You’ve got mail! It looks like a bill — from Wachtell Lipton. [Adweek]
* My morbidly obese, George Costanza monstrosity gets a shout-out in an article about oversized wallets. [Smart Money]
Bernie Madoff
* Is Harvard developing a course on business ethics based on the career of Bernie Madoff? Madoff apparently thinks so. [Dealbreaker]
* To all of you who say that my home state of New Jersey is good for nothing, read this. [DNA Info]
* Employment lawyers, any thoughts on this type of workplace behavior? [Fashionista]
* To those of you who want us to moderate comments more aggressively — we do moderate, but only in extreme cases, when brought to our attention — consider these wise words from Professor Paul Campos (aka ScamProf): “Law in general and law school in particular is already too full of fake politeness, fear-induced groveling, craven appeasement of dubious authority figures, unappetizing obsessions with hierarchical status, and other forms of soul-crushing inauthenticity.” So there. [Inside the Law School Scam]
The 'scamblogging' law professor has revealed himself.
Earlier this month, we wrote about an anonymous law professor — a tenured professor, at a top-tier school — essentially joining the ranks of the law school scambloggers. Writing over at a site entitled Inside the Law School Scam, under the pseudonym LawProf, the author offered a harsh indictment of legal education, purportedly from within the ivory tower.
I believed that the author was who he said he was, but others did not. Professor Ann Althouse, for example, opined that the blogger was a student, “uncharitably projecting thoughts onto [a] professor” (who talked about how little he, and his colleagues, prepared for teaching). Professor Althouse explained that she thought was student-written, “because it had some bad writing and simplistic thinking.”
Well, as it turns out, LawProf is an actual tenured law professor, at a top 50 law school. Who is he, and where does he teach?
Continue reading “The Tenured Law Prof Turned ‘Scamblogger’ Reveals Himself”
Tammy Hsu
This afternoon we wrote about a blog entitled Confessions of an (Aspiring) Yalie. In this blog, Tammy Hsu, a 1L at Wake Forest University School of Law, chronicles her journey through the first year of law school — a journey she hopes will culminate with a successful transfer application to Yale Law School.
As we noted, Tammy Hsu’s blog is now restricted to invited readers. Some posts are still accessible via Google Cache (and in the comments to our original story, some of you identified favorite posts of yours).
Shortly after we wrote about her, we heard from Tammy C. Hsu. She sent us a defense and explanation of her blog’s origins, which we will now share….
Continue reading “Aspiring Yale Transfer Student Explains and Defends Her Blog”
Tammy Hsu, aspiring Yalie.
We begin with a message to our readers. Consider yourselves on notice: we regard almost anything you place on the internet, even if just for a brief hot second, to be fair game for coverage. It doesn’t matter to us if you later try to “recall” your mass email or delete your public blog. Once you’ve put something out there, thereby forfeiting any reasonable expectation of privacy, then it’s gone, baby, gone. [FN1]
And honestly, in the internet age, what privacy expectations are reasonable in the first place? Emails can be forwarded; images can be downloaded or photographed themselves, then re-posted. If it’s not already dead, privacy is rapidly dying. You might as well start living in public now, and make life easier for yourself. Just let it all hang out, and then you’ll never be embarrassed about anything getting leaked. (This is my philosophy on Twitter, where my feed is often TMI.)
Living in public: that’s the premise behind a charming new law student blog by a 1L with ambition. Like a fair number of bloggers — Brian Stelter and his Twitter diet come to mind — law student Tammy Hsu seeks to harness public exposure for her own benefit. Hsu, a first-year student at Wake Forest University School of Law, writes a blog built around her goal of transferring into Yale Law School. It’s right there in the title of her site: “Confessions of an (Aspiring) Yalie.”
By putting her ambition out in the open, Hsu is motivating herself to succeed, because failure would be so public. She is lighting the proverbial fire under her own arse, turning her classmates and the internet into one big Tiger Mother. If she’s not at 127 Wall Street this time next year, people will look down upon her — so now she has every incentive to excel in her 1L year at Wake Forest.
Sounds like a great idea, right?
Continue reading “Confessions of an Aspiring Yale Transfer Student”
A blogging law professor essentially agrees with the scambloggers.
It’s one thing for the loser of a game to complain that the rules are unfair. It’s quite another for a winner to admit the same thing.
We’ve written before about law school scamblogs. According to the scambloggers, law schools rip off their students by (1) misrepresenting the employment outcomes of law school graduates, (2) taking students’ money (much of it borrowed), and (3) spitting students out into a grim legal job market, saddled with six figures of debt that they didn’t have before they became JDs.
It’s not surprising that many of these unemployed or underemployed graduates have taken to the internet with complaints about legal education; they are, after all, victims of the alleged scam. What would be more surprising is if a law professor — say, a tenured professor at a first-tier law school, a clear winner under the status quo — joined them in admitting that law school is something of a scam.
Which apparently just happened, earlier this week….
Continue reading “A Tenured Top-Tier Law Professor Joins the Ranks of the ‘Scambloggers’”
* A scam blogger hit it hard last week, calling Cooley out for policing the internet. Guess we know why s/he chose to go by “Rockstar.” [Detroit Free Press]
* Hundreds of people gathered on Saturday to remember the life of slain Mercer Law School graduate, Lauren Giddings. Rest in peace. [Baltimore Sun]
* Other than the fact that this dude waited nearly a decade to sue, Facebook now says it has “smoking gun” evidence that Paul Ceglia’s case is a fraud. Like. [Bloomberg]
* The Innocence Project says that past DNA evidence is a “poor judge of character.” You’d say that, too, if you exonerated a future rapist. [New York Daily News]
* Lady Gaga is being sued for copyright infringement. Seriously? Get it straight, lady: Gaga only copies from Madonna. [Daily Mail]
* In this economy, to get a job you have to make believe you love the law. Career advice for old farts can be applicable for young lawyers, too. [Boston Globe]
Ed. note: This post is authored by Evan Jowers and Robert Kinney of Kinney Recruiting, sponsor of the Asia Chronicles. Kinney has made more placements of U.S. associates and partners in Asia than any other firm in the past five years. You can reach them by email: asia@kinneyrecruiting.com
Happy Chinese New Year! We were extremely busy the past few months, including most of our US based team working from our Hong Kong offices during November and December.
As a follow up from our recent post, which listed our 62 US associate and counsel placements in Asia last year (vast majority in HK / China), please note that thus far in January ’12, we have already made seven US associate and counsel placements in Asia. This is an especially impressive number, considering the biglaw lateral hiring market in Asia is down right now (see state of the market brief overview below). These new placements are of new hires in Hong Kong, Beijing and Shanghai, who were interviewing with their new firm for a month or more and they are spread out among different practice areas, including project finance, litigation, fund formation, M&A and cap markets. We are close on four additional new associate placements, in Hong Kong, Tokyo and Shanghai, that we expect to close soon. We do not discuss partner placements in these articles, but the pace of partner recruitment in Asia (a large part of our business) has continued.
Hedge Fund In-House Openings in Hong Kong
We are seeing a small run of new in-house openings in Hong Kong at hedge funds. We are currently filling three different in-house positions at three different hedge funds in Hong Kong, two of these searches we are handling on an exclusive basis. All three will most likely be filled by a US associate, with about 4 to 6 years of experience. Mandarin not required. Candidates from NYC and London will be considered, but at one of these funds the new hire will likely come from Hong Kong / China or Singapore (with HK being the strong preference).
Please feel free to reach out to us at asia@kinneyrecruiting.com if you are interested in these hedge fund openings. As you probably would expect, the competition for these spots will be fierce and the funds will be very selective when choosing which candidates to interview.
In 2009, a small group of Harvard Law School students noticed an absurd monopoly in the bar prep space, held by an unchallenged leader with a non-evolving product. In response, these students teamed up with Harvard Law alumni to launch BarMax on January 14, 2010.
The mission: democratize bar prep by embracing new technologies to provide the very best bar exam review courses at a fraction of the cost normally associated with these courses.
Since then, with the encouragement of thousands of students and an unwavering commitment to their success, BarMax has established itself as a comprehensive alternative to the stagnant, over-priced status quo.
As we continue to expand, we do not want to lose sight of the basic premises that led us to create BarMax in the first place. If you are a law student who believes that there is something fundamentally wrong with being forced to take out yet another loan to pay for a $4,000 bar exam prep course, you are not alone.
Admin, Announcements, Blogging, Free Speech, Media and Journalism, New York Times, Rudeness
A Note to Our Readers About Comments
By Above the LawSometimes silence is golden.
The executive editor of the New York Times, Jill Abramson — who once worked as a legal journalist, for Steve Brill at the American Lawyer — recently issued A Note to Our Readers About Comments, in which she explained various changes to the Times’s commenting system. We thought we’d follow in the Gray Lady’s footsteps and announce a tweak of our own to the Above the Law comments.
Comments and online anonymity are hot topics right now, both here and abroad (e.g., India). Writer Katie Roiphe just mused about the angry anonymous commenter. Privacy lawyer Christopher Wolf recently argued, in the New York Times, that websites should “consider requiring either the use of real names (or registration with the online service) in circumstances, such as the comments section for news articles, where the benefits of anonymous posting are outweighed by the need for greater online civility.” Many Times readers disagreed, defending the value and importance of anonymous speech online.
In light of these conflicting concerns — civility, privacy, free expression — let’s turn our attention to the ATL comments….
Tags: Admin, Announcements, Anonymity, Beware the comments section, Blogging, Free Speech, Media and Journalism, New York Times, Online anonymity, Rudeness