California

The story going around the legal internet today is about the creative advertisements from lawyer Svitlana Sangary. Nobody really knows what kind of “lawyer” she is, but it doesn’t matter. Sangary was nailed with an ethics violation and license suspension by the State Bar of California. The Recorder reports that Sangary photoshopped herself into pictures with famous celebrities.

Bill Clinton, Barack Obama (curious that I named them in that order), George Clooney, Magic Johnson — the list goes on. Protip, Svitlana: People with the kind of “access” you suggest you have don’t like to get their pictures taken.

That this amounts to deceptive lawyer advertising efforts is obvious. You can see the pics below. But if you read the ethics ruling against her, Sangary’s statements do not look to me like a charlatan attorney looking to pull a fast one on unsuspecting clients. Instead, Sangary presents to me as a sympathetic immigrant who bought a bill of goods we call the “American Dream” without bothering to read the fine print. She’s like a person who learned about business from The Apprentice and learned law from Legally Blonde.

Actually, I don’t know how she graduated from law school. I’d ask her, but she’d assert her “first amendment right to remain silent.”…

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Two years ago, the LSAT was given to more than 104,000 people. Last year it was given to 52,000 nationwide, a 50 percent drop. Law is no longer seen as the golden calf. This is very hard work. It’s not Boston Legal.

You don’t walk into the office and pop open a scotch and sit around chatting with your partners about the ball game. It’s emotionally draining. You’re only as good as your last trial, your last settlement. You are constantly looking for more clients. Going to law school is not the automatic $120,000-a-year job.

Terry Robertson — the dean of Empire College School of Law, a school accredited only by the California Bar, without any employment statistics to speak of found online — commenting on the state of the legal profession.

Sleep with the case files, Your Honor, and not with the interns.

For some judges, especially judges coming out of private practice, taking the bench means a better lifestyle and shorter hours. But other judges work hard — very hard.

Chief Judge Alex Kozinski of the Ninth Circuit is famous for his work ethic — and for how hard he works his clerks. Judge Mark Bennett of Iowa warns clerkship applicants, “I am looking for a clerk that is willing to work harder than they have ever worked in their life…. If they are one of those life must be balanced folks please don’t waste my time and don’t bother applying.”

Some chambers are well-equipped for long hours. They come with kitchenettes for cooking, showers for bathing (generally reserved for the judges), and couches for napping. And maybe more than napping….

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Isn’t discovery fun?

Attorneys can pretty much be broken down into two categories — those who have experience with doc review, and those who have been lucky enough to avoid it. But, there will be a point in the not too distant future when the latter group will become the ultra minority. I have been preaching for years now to attorneys: “Woe unto you who fails to understand the importance of metadata.” When I am consulting with attorneys on tech issues, be it trial technology related, practice management related, or e-discovery related, I always get a large portion of attorneys who tell me (usually with their eyes), “Look, son, I haven’t needed this is the past, I don’t need it now, and I’ll never need it. Change is bad.”

Finally, I have some authority to back me up….

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‘Hmm, do I really need a JD/MBA?’

* “I’m 98, and I don’t want to depart this world with this thing hanging over me.” Miriam Moskowitz was convicted more than 60 years ago, and now Baker Botts is trying to help clear her name before she dies. [WSJ Law Blog]

* “Get a lawyer, you know how this works.” Boston Scientific’s chief counsel was killed earlier this week, and police think that they may have identified a suspect — her his former flame — in the brutal murder. [Minneapolis Star-Tribune]

* According to a recent study, California’s affirmative action ban has done some damage to minority admissions rates at both Berkeley Law and UCLA Law, and now things like this happen to their minority students. It’s quite sad. [Daily Californian]

* The ABA has delayed taking action on Concordia Law’s bid for accreditation, and instead appointed a fact-finder. We’ll help you with this fact of the day: we don’t need more law schools. [National Law Journal]

* If you’re thinking about signing up for a JD/MBA, then congratulations, at least one of those degrees may prove to be useful to you in some way, someday. [Law Admissions Lowdown / U.S. News & World Report]

J.D. = Just Debt? J.D. = Junk Degree? J.D. = Job Disabled?

There is very little that would entice me to go $100,000 or more into debt for a credential.

Chris Tittle, a California man who is attempting to become a lawyer by “reading law,” just as Abraham Lincoln once did. Tittle never went to law school, and is in his first year of a four-year course of law office apprenticeship and study at the Law Office of Linda Alvarez.

People in business over the internet like to act like what they are doing is so new and exciting and technologically advanced that the “old rules” no longer apply. Sometimes that’s true (chances are my two-year-old will never know what a “newspaper” is). Sometimes it’s not (paperless office my ass).

But old laws always still apply. Stealing cable (another thing my kid will probably not use) is stealing cable even if you are paying somebody else to steal the cable for you.

For instance, when you rent out your place to somebody else, you become a landlord. It doesn’t matter if you rent it out through AirBnB. AirBnB is just a travel agent (this post should be in a time capsule) with an impressive roster of vacation rentals….

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The old ball and chain, dischargeable in bankruptcy only in the most limited of cases. Go ahead, try and prove you’ve got a ‘substantial hardship’ preventing you from paying. We dare you.

* Now that a federal judge has classified California’s death penalty as unconstitutional, it’s only a matter of time before the issue reaches the Supreme Court. We have a feeling the justices will likely roll their eyes. [National Law Journal]

* Word on the street is that Bingham McCutchen has got the urge to merge, and has apparently spoken to a handful of potential partners over the course of the past three months. We’ll have more on these developments later. [Reuters]

* As it turns out, it was neither Wachtell Lipton nor Jenner & Block that managed to snag the coveted GM litigation oversight job. Nice work, Quinn Emanuel — you’re considered a “well-respected outside law firm.” [WSJ Law Blog]

* Congrats, Flori-duh, you did something right. A state court judge has ruled that Florida’s ban on gay marriage violated the U.S. Constitution in the latest post-Windsor victory for equality. Yay! [Bloomberg]

* Thanks to their hundreds of thousands of dollars in law school debt, many graduates are considering declaring bankruptcy. Too bad most won’t be able to get their loans discharged. [Connecticut Law Tribune]

Amal Alamuddin, ready to graduate from law school

* There’s a very good chance that if you go in-house, you could wind up making more money than even the wealthiest of Biglaw partners. But how much more? Take a look at the latest GC compensation survey. [Corporate Counsel]

* GM has hired outside counsel to review the way the company handles its litigation practices. Since we’re not sure which, we’ll take bets on whether this “well-respected outside law firm” is Wachtell or Jenner & Block. [WSJ Law Blog]

* A federal judge in California ruled that the state’s death penalty was unconstitutional. It seems that allowing a defendant to live with the “slight possibility of death” violates the Eighth Amendment. Damn you, appeals! [New York Times]

* “He hasn’t been charged with anything at the moment and we’ll deal with the charges when they’re filed.” Sgt. Bowe Bergdahl is currently being represented by Yale Law lecturer Eugene R. Fidell, a recognized military law expert (and husband of noted legal journalist Linda Greenhouse). [New Haven Register]

* We all know that George Clooney’s fiancée, Amal Alamuddin, has both beauty and brains. What we didn’t know is that she poses for incredibly embarrassing pictures, just like the rest of us. [Us Weekly]

* How do Americans feel about the Supreme Court’s recent cellphone privacy ruling, Riley v. California? [Digital Constitution / Microsoft]

This week, a Los Angeles County Superior Court found that five of California’s laws governing teacher retention violated the rights of schoolchildren under the equal protection clause of the California Constitution. Judge Rolf Treu issued a tentative decision in Vergara v. California, agreeing with plaintiffs that the provisions on firing public-school educators resulted “in grossly ineffective teachers obtaining and retaining permanent employment, and that these teachers are disproportionately situated in schools serving predominantly low-income and minority students.”

 

The United States Constitution, of course, provides no fundamental right to education. (Franklin Roosevelt’s “Second Bill of Rights” doesn’t count.) For example, in San Antonio Independent School District v. Rodriguez, the U.S. Supreme Court refused to apply strict scrutiny to a claim that the Texas funding scheme for public schools violated the equal protection rights of poor and minority students. The Court did so in part because it found no federal fundamental right to education.

 

The California Constitution, though, does provide for a fundamental right to education in its Article 9, Sections 1 and 5. In light of that, Judge Treu applied a strict scrutiny standard to the laws in Vergara. He concluded that the laws caused a violation of California children’s right to equality of education…

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