David and Sandra have enjoyed it. I kind of like not having to read a lot of briefs and get reversed by my former colleagues.
– Justice John Paul Stevens, in a humorous quip about the willingness of his fellow retired justices, Sandra Day O’Connor and David H. Souter, to sit by designation on the circuit courts.
(Justice Stevens just published a new book — Five Chiefs: A Supreme Court Memoir (affiliate link) — to coincide with the start of the latest Term of SCOTUS, which got underway this week. Adam Liptak of the New York Times praises the memoir as “engaging and candid.”)
* Check out Orrick’s excellent “It Gets Better” video. Orrick, MoFo and Shearman are the three large law firms we’re aware of that have made such videos; if you know of others, please let us know. [It Gets Better]
* If you are free on November 4th and will be in New York that night, consider attending the Black and White Masquerade Ball of the Dave Nee Foundation, a non-profit committed to fighting depression and preventing suicide. [The Dave Nee Foundation]
This morning, we kicked off with a keynote session from Alan Lange and Tom Dawson, the authors of Kings of Tort (affiliate link), a chronicle of one of the legal profession’s more infamous criminals. It’s actually not that specific to technology, although it does relate to the world of in-house counsel.
Keep reading for an inside look at the politically connected Southern gentleman who transformed from David to Goliath, conspired to bribe a judge, and made many an in-house lawyer’s life miserable…
* Prop 8 made an appearance today at the California Supreme Court before newly seated Justice Goodwin Liu. As suspected, the liberal Liu immediately made the proponents have sex with each other as he cackled “I hate families.” [Poliglot / Metro Weekly]
* Next time a TSA agent sticks her hand down your pants and cops a feel, try not to call it “rape” on your blog. Instead, maybe just admit that you were asking for it by showing up to the airport dressed in all them clothes. [Techdirt]
* After Labor Day, consider that “every day should be a day to care about working people.” And don’t forget that even though judges live in impenetrable fortresses of justice, they are people, too. [Underdog]
* Here’s a good one for the 1Ls. If you’re a grieving mother and your boss forces you to remove pictures of your dead daughter from your cubicle as if she never existed, is he intentionally inflicting emotional distress upon you? Nope, but he sure is a douchebag. [Courthouse News Service]
* “In my day, we used to walk 70 miles to school…” Next time grandpa forces you to hike the Grand Canyon and starts with this old codger rhetoric, give your mom a call. That’s not legal. [CBS News]
Grandpa's idea of fun.
* If you have time to read real books, maybe you should check some of these out from the library. Do those even exist anymore? Ugh, just download them to your Kindle. [Constitutional Daily]
* One is the loneliest number, especially if you’re supposed to be in a partnership. Professor Larry Ribstein has some ideas on what ought to happen post-breakup. [Truth on the Market]
* Ahoy, me matey. This law blogarrrr wants ya t’ know that if ya want t’ trade for booty usin’ yer gold doubloons, steer yer ship toward th’ land o’ many wives. [Adjunct Law Prof Blog]
Call me a step slow. I’ve only recently stumbled across the memo prepared by Yale Law School warning students about the tyranny of the billable hour. As someone who billed hours for more than 25 years but no longer plays in that sandbox, I feel compelled to comment.
At the outset, let me type words that may startle lawyers just now beginning their careers: I never felt burdened by the need to bill hours. (Let the abuse begin!) After clerking, I started my career in the 1980s at a small firm that didn’t make a big deal about billing time. I was instructed by one senior partner (and I very nearly quote): “You learn the area of law that you’re researching; that’s what will make you a valuable lawyer some day. I’ll take care of the bill, making sure that our client pays only a fair price for your work.” (I later dedicated a book to that guy.)
I was told by another partner: “We’re a small firm, so we’re not as prominent as the big firms are. It’s part of your job to help raise the collective profile of this firm and its lawyers. We don’t particularly care whether you join a bar association, write articles, or go on the board of a non-profit, but we do care that you do something to let people in the community know that we exist. It’s part of your job.”
I thought those guys were right, and I took that attitude with me when I later (must have popped a gasket and) moved from a small firm in San Francisco to one of the world’s largest firms in Cleveland. I continued to stay busy with client work, but I also made a point of helping to raise the firm’s profile in the world. I occasionally felt burdened by the crush of work, but I never felt burdened by the need to “bill hours.” In the course of 25 years, while I practiced law at two different firms, no one ever said a word to me about the number of hours that I billed.
That cuts in both directions. On the one hand, no one ever asked me why I was foolishly wasting all that non-billable time teaching classes and working on non-profit boards. On the other hand (at least after I left San Francisco), no one ever said, “Congratulations for having written thosebooks,” or, “Congratulations on getting that article published in the Wall Street Journal.” But I, at least, took far more satisfaction in those accomplishments, and in the results that I achieved for clients, than I ever took in having billed a lot of hours (which seems to me like a uniquely unsatisfying professional goal).
Last month, we reported on the latest adventures of Deidre Dare, the sexy expat lawyer who once worked in the Moscow office of Allen & Overy. Her London lawsuit against the firm was dismissed, but Dare is now suing A&O here in New York, seeking $35 million in punitive and compensatory damages.
In the same post, we mentioned that Dare was seeking to raise $25,000 to publish Expat, a book based on her time in Allen & Overy’s Moscow office. Dare described it as “a novel about a group of Westerners living and working in Moscow, Russia and their extravagant but dangerous lifestyle,” with a plot “inspired by a British Petroleum scandal that happened when I was there.”
Dare was trying to raise the $25K on Kickstarter, the popular website that serves as a fundraising platform for creative types with a surplus of ideas and a shortage of cash. Did she succeed?
Let us sit upon the ground and tell sad stories about black women. Things can be tough. African-American women get all of the sexism white women have to deal with, and all of the racism black men have to deal with. Successful black men tend to fulfill their own self-loathing destiny by running away from black women (not me, I’m married to one). Cultural representations of them are used to sell syrup or chicken, or involve a black dude dressed up in a fat suit (if William Tecumseh Sherman were still alive, he’d be waging war against Martin Lawrence and Tyler Perry). And law professors at prestigious universities try to profiteer off of their difficulties.
Now, if I were a blogger looking to make a quick buck, that’s exactly the kind of book I’d write. In fact, look for my upcoming book, “Why White People Can Afford To Piss Away Time & Money in Law School, But Blacks Can’t.”
But Ralph Banks isn’t a blogger, he’s a Stanford Law professor. Shouldn’t we expect less sensationalized bullcrap from him?
For those of you who have missed Deidre Dare, the expat lawyer who was terminated from the Moscow office of Allen & Overy after writing a smutty steamy online novel, give thanks. She’s baaaaaack.
Deidre “To Russia With Donkey and Dwarf Love” Dare is struggling with the cash flow these days. The Columbia Law grad’s London lawsuit against Magic Circle firm A&O for unfair termination in its Russia office was dismissed for lack of jurisdiction, so she filed a new complaint in New York. As you might expect from an amateur sex novelist, the complaint is rather juicy. Dare (a.k.a. Deidre Clark), who was a senior attorney in A&O’s London, Singapore and Moscow offices from 2007 to 2009, claims that she was terminated after giving into — and later spurning — her supervising partner’s sexual advances. (Excerpt: “[Tony] Humphrey made sexual advances on Clark, who was intoxicated at the time. This conduct included intimate sexual contact. Humphrey kept saying “I love sex.”)
Dare is upping the ante on the lawsuit. In London, she sued for £3.5m, but in her Big Apple lawsuit, she’s hoping to take a bigger bite out of A&O: namely, $35 million in punitive and compensatory damages.
“I think NY will take jurisdiction,” Dare, a member of the New York Bar, told us by email. “And thank god for that.”
In the meantime, Dare is working on another project that is, er, rather racy….
If you are considering a virtual law practice, you know that many of today’s solo firms started that way. But why are established, multi-attorney law firms going virtual?
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:
Reduces malpractice risk
Enables you to gather the best attorneys to fit the firm, regardless of each person’s geographic location
Leverages mobile devices and cloud technology to enable on-the-spot client and prospect communication
Transitioning in-house is something many (if not most) firm lawyers find themselves considering at some point. For many, it’s the first step in their career that isn’t simply a function of picking the best option available based on a ranking system.
Unknown territory feels high-risk, and can have the effect of steering many of us towards the well-greased channels into large, established companies.
For those who may be open to something more entrepreneurial, there is far less information available. No recruiter is calling every week with offers and details.
In sponsorship with Betterment, ATL and David Lat will moderate a panel about life in-house and we’ll hear from GCs at Birchbox, Gawker Media, Squarespace, Bonobos, and Betterment. Drinks, snacks, networking, and a great time guaranteed. Invite your colleagues, but RSVP fast, as space is limited.
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 seven years. You can reach them by email: email@example.com.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.