Cheapness

Despite the media echo chamber saying that the economy is improving, it’s obviously still tough to find work. Especially for lawyers. Everyone says you’re supposed to have a can-do attitude, but we sometimes prefer to think about all the things that you can’t do as an attorney.

Included in that list is getting a paying job at the U.S. Department of Justice. The DOJ has had a hiring freeze in place for a year now. We’ve heard reports of some thawing — i.e., selected parts of the DOJ receiving authorization to fill a handful of priority positions — but, for the most part, there are hardly any paying lawyer jobs to be had in that division of government.

Instead, U.S. Attorney’s Offices around the country have been posting unpaid Special Assistant United States Attorney positions for some time now. We covered them last May. My colleague (and former assistant U.S. attorney) David Lat defended the SAUSA gigs somewhat, arguing that the nonpaying jobs might not be as bad as they seem. It’s fun, exciting work, and it provides valuable experience and serious professional credibility.

There is a crucial, ominous difference between then and now, though. Previous SAUSA jobs were generally aimed at entry-level or fairly junior attorneys. Now we’ve got a recent opening that’s asking for more.…

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As we get back to our regularly scheduled programming, it’s pretty obvious that bonus season has gotten a little bit ragged. This is what happens when the overdog, Cravath, fails to set bonuses at reasonable levels: firms get confused and try to do things to make it look like they’re clearing the ridiculously low bar Cravath has set. There are so many firms now with some kind of performance or hours mark that will allow at least one of their associates to say, “I made more this year than if I was working at Cravath.”

And that’s just the firms that have announced already. Other firms seem to be waiting to make their “year-end” bonus announcement because they don’t want to have to go back and dole out more money once somebody gets around to announcing spring bonuses. While it might be fun for Cravath and Sullivan & Cromwell to play chicken over who will announce spring bonuses first, there are a whole bunch of firms that are just sitting around waiting to find out how much they are going to have to pay.

And there are a bunch of associates who are starting to wonder if they’ll be getting any kind of bonus at all.

So who did we miss? Who still owes you a bonus announcement?

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After stealing all the Whoville toys, the Grinch planned to re-gift them to his army of lawyers.

I’m much more likely to throw away a gift or give it to charity than to regift something I already have or don’t want. I think I’d live in fear of the original gift-giver meeting up with the regift recipient and talking about how I was a bad friend for orchestrating the whole mess. I’d rather those two people meet up and say, “Did Elie get you anything? No? Too bad. I was hoping he did and you could tell him it sucked. That’s what he told me when he opened my present.” There’s something intangibly sneaky and dishonest about regifting. It’s just not classy.

Of course, people do it all the time. And not because they lack class so much as they lack money. Even if it’s tacky, regifting usually comes from a good place: you want to give presents to more people than you can afford to shop for.

But there’s nothing laudable (or forgivable) about how one small law firm in California goes about re-gifting. They want to send gifts to their clients — so they commandeer the gifts sent to their secretaries and staff, and regift them.

I think this firm missed the “spirit” part of this holiday season….

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Schulte Roth & Zabel really came up with a creative way to make this terrible bonus season even worse for SRZ associates.

Schulte is matching the Cravath scale, but not all at once. Half of the bonus is being paid now, the other half in March. It’s Schulte’s way of issuing a retention bonus without actually spending any extra money.

It also sets Schulte up nicely to avoid paying spring bonuses next year. Not that Schulte management really cares what people think about them. The firm didn’t pay spring bonuses last year. Even though the firm is making people whole with a “spring bonus” payment to those who should have gotten one last spring, the money is still tied to hitting 2011 hours targets.

It’s really one of the most disingenuous bonus memos we’ve seen. While technically the firm is matching Cravath, it’s doing it in a nickle-and-dime way that makes it pretty clear the Schulte partnership begrudges every last cent they have to pay out in bonuses.

If the associates don’t like it, they know where the door is….

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Biglaw bucks can bring the bling.

Some people just can’t stay out of our pages. Back in 2008, we wrote about Ira J. Schacter, a prominent corporate partner and major rainmaker at Cadwalader. Schacter earned Lawyer of the Day honors after he was accused of beating his wife. (He claimed he acted in self-defense and was ultimately cleared of the charges.)

Well, today Ira Schacter is back in the news. He’s accused of refusing to pay for his teen daughter’s $12,000 hearing aids, while dropping $215,000 on a diamond engagement ring for his Playboy-bunny fiancée. If true, that’s pretty shoddy behavior — the very embodiment of cheapness, from a big-time Biglaw partner who can easily afford twelve grand.

But I know what you’re all wondering right now: “How hot is that Playboy-model fiancée?”

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Without paralegals, legal assistants, legal secretaries, clerks, and receptionists, the entire Biglaw model could come to a screeching halt. Speaking as a former legal assistant and full-time law clerk, I know this for a fact.

For some attorneys, if members of the support staff weren’t there to assist, important letters would go unwritten, coffee mugs would go unfilled, pleadings would go unproofread, and envelopes would go unlicked. So attorneys, always treat staff members graciously and respectfully — you never know when you’ll need them to get you out of a bind.

All that being said, we were a little bit shocked when we learned about what is allegedly happening at one of the world’s largest law firms, Baker & McKenzie. Apparently some members of the support staff aren’t getting the kind of support they need….

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I’ve only been on one “retreat” of any kind. It was with my church. My parents paid for it because anytime you can pay the Catholic Church to take your kids into the woods and tell them about God’s plan, it’s something you have to do.

Of course, going to a voluntary retreat sponsored by a religious organization is one thing. Going on a mandatory retreat ordered by your employer is quite another. Traditionally, if your employer is going to make you go on one of these things, then the employer is going to cover the hotel and airfare of the employees. That’s just how corporate America works.

Even Heller Ehrman paid lavishly for its last firm retreat. That would be its last firm retreat before dissolution.

I bring this up because associates at one midsize firm seem to be getting the short end of the stick. Their firm is apparently forcing them to attend a two-night retreat, but the firm is only paying for a one-night stay in their hotel rooms….

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I’m going to tell you the tale of two law firms.

Firm A: You win a major, high-profile case. The victory is covered by the legal press and mainstream media. The award to your client is huge, and the victory comes at the expense of a rival firm. Your only problem? Your client won’t pay you your millions in legal fees.

Firm B: You lose a major, high-profile case. Your well-known client gets rocked with a huge verdict, a rival firm is taking a victory lap all around town, and all you can do is tweet about the appeals process. But you are getting paid, and you expect to earn even more in fees as you plan your next move.

All else being equal, which firm would you rather work for?

If you chose Firm A, welcome to Orrick, Herrington & Sutcliffe. And good luck to you…

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DLA Piper has released some information about its associate compensation and bonus payouts, and some associates who work for the firm are unhappy. Why? I don’t really know. I don’t know why they thought that working for the largest firm in the world would be a good thing when it came time to pay out bonuses.

Attempts to economize on associate salaries are not new at DLA Piper. The firm has been at the cutting edge (pun intended) of reduced associate base salaries, deferrals of incoming associates, and various other methods for keeping the cost of associates down. It’s just how they roll.

It should surprise no one that DLA associates are complaining about the firm’s bonus plan. In fact, I’m not even sure it’s news that the firm seems to be low-balling associates. If anything, the news hook is that there are still associates at DLA Piper who are surprised by sub-market comp….

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Ed. note: This is the latest installment of Inside Straight, Above the Law’s column for in-house counsel, written by Mark Herrmann.

All this perfection crap.

One reader wrote to me to complain. Surely, he said, there’s room in the world for a law firm that does work that’s “good enough for the occasion at a fair price.” Isn’t perfectionism the enemy of the reasonable bill?

That reader is undeniably correct.

Small matters, whether transactional or litigation, may not bear the freight of comprehensive factual or legal research. And lawyers who don’t recognize this — whether they work in-house or at firms — won’t last very long. For many matters, “good enough” is good enough.

But I’m not going to spend much time fretting about this, for three reasons.

First, there’s plenty of mediocrity in the world. Although it may engender outrage to type these words, the average lawyer is . . . well . . . average. You don’t have to search very far to find people who produce average work….

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Spring bonus stragglers: tick-tock, yo.

I’ve been trying to be nice. I’ve been trying to be positive. I’ve been trying to adopt a new, sunny, smoke-free attitude that assumes certain top firms will do the right thing by their associates and announce spring bonuses along the lines of Cravath, Sullivan & Cromwell, and a bunch of other top-tier firms.

Just last week, we reminded firms that it’s not too late to announce “spring” bonuses. Dewey & LeBoeuf announced spring bonuses that it will pay in the summer. And that’s okay, nobody is really complaining, associates just want their money. If top firms are paying out spring bonuses, associates who have been told they are working at a top firm want to see their cut.

But there are a number of firms that haven’t gotten the message. Did they think their own people wouldn’t notice that they are getting shortchanged compared to the market? Is this a way for those firms to force some attrition? Surprisingly, some of the firms that are being cheap with spring bonuses were lauded for being generous around Christmastime.

Those firms know how the internet works, don’t they? Information can be updated around these parts….

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There’s poor, there’s broke, and then there’s whatever you would call the economic state of current law students. They are up against it, and they know it.

It’s particularly tough on 3Ls. We’re in March, so graduating law students without jobs lined up are about to get kicked out of school and on to the street (or “mother’s basement” or “youth hostel” or whatever). So right now is about the time when these kids really start to freak out.

At one law school, fear and angst are reaching a fever pitch, over the most trivial of things. The soon-to-be graduates are having a conniption over having to pay $136 to rent a cap and gown for graduation.

Yep, some of these kids took on tens of thousands of dollars in order to go to law school, but now — at the end — they’re making a stand over a hundred bucks…

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Oh, thank God.

– an anonymous law firm partner, upon learning of Cravath’s 2010 bonus announcement.

We’ve had to wait a long time for this announcement. Last year, Cravath kicked off bonus season on November 2nd. This year, bonus news took longer to arrive.

Was it worth the wait? Cravath just announced its bonuses, this afternoon.

So, what are the Cravath year-end bonuses looking like for 2010?

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It sounds like something firms would try to keep on the down low, through anonymous postings on Craigslist. But in the new economy, it’s apparently no big deal for law firms to ask career services offices to send over students who are so desperate they’re willing to work for free. The ABA Journal reports:

Law schools in Florida have gotten a flood of requests from small and midsize law firms seeking summer associates willing to work for free — but career officials are not pleased…

Robert Levine, assistant dean for career development at Nova Southeastern University’s Shepard Broad Law Center, tells the Daily Business Review that the U.S. Department of Labor encourages unpaid internships to be coordinated through the school’s clinical program.

“It’s a big problem because the students want the experience and the firms need the help,” Levine told the publication. “All of the law schools throughout the state are dealing with this issue.”

Please tell me this is some kind of weird Florida problem, and this kind of behavior will be limited to the Sunshine State…

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Julia Neyman paid for this drink.jpgIt’s hard to fit the gym into your schedule. Sometimes it’s even harder to fit it into your budget. Especially if you live in New York, where monthly gym membership fees could fetch you a studio apartment somewhere in flyover country. Of course, there are more hard bodies to ogle at Equinox than in Phoenix.

That’s why we spend the long hours at the office, sitting motionless at desks, staring hard at a computer: to make the big bucks so we can afford to go to the gym. It would suck to have a low-paying blue-collar job where you spend all day lifting heavy stuff, manipulating machinery, and running around, because then you couldn’t afford to go to the gym to…

Hmmm…. Well, it’s easy to afford a New York gym membership when you’ve got a Biglaw salary, but it’s not so easy if you’re a New York law student paying for it with your student loans. Is a hard body really worth it with an 8.5% interest rate?

Columbia 2L Julia Neyman, 24, has found a way around this dilemma. As reported by the New York Daily News this week, she’s spending a year taking advantage of free gym promotions across the five burroughs and chronicling it on her blog, Buns of Steal. (Gawker felt the need to point out the double meaning in that title, but we assume you all get it.)

From the Daily News: “Neyman will do whatever it takes to score no-cost gym sessions: lie, finagle, beg and even flirt.”

Well, not exactly, says Neyman. We caught up with her yesterday about her pro bono gym program….

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Wal-Mart logo Walmart AboveTheLaw Above the Law blog.jpgI don’t know anything about My Community Legal Network. Its website tells us this:

Introduced in 2009, My Community Legal Network scoured through millions of legal and financial professionals looking for the most knowledgeable and sophisticated providers. Then we took the collective bargaining power that comes from millions of Americans and negotiated wholesale prices from these top professionals. We take these discounted rates and offer them directly to our members. There is no markup; only the best professionals at the best prices. My Community Legal Network currently only offers services in the United States but has plans to expand these services to Canada, Mexico, and South America by the end of 2010.

I have a bad feeling about this.
Based on that description, I suppose the picture after the jump will make more horrifying sense.

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New York University Law School NYU Law School Above the Law.JPGThe competition between NYU Law and Columbia Law is always fierce — even when it is a race to the penny-pinching bottom. Two weeks ago, we told you that Columbia is now charging students for plastic forks (though chopsticks remain free).
Not to be outdone, a disgruntled NYU Law tipster reports:

So I’m in my last year at NYU Law and just had a fairly shocking experience…. I went to the lounge to get a cup for water from the water fountain. I grabbed a cup and walked away, and the cashier yelled at me. I thought she thought I was stealing a cup of coffee, so I told her I just wanted water. She said “that’s 25 cents.” I said “no, I just want water.” She said “I know,that’ll be 25 cents. We have to pay for those cups.” The worst part? It was a cup from Starbucks with the “we proudly serve Starbucks coffee” logo on the side.

Indignation from our tipster, plus a clarification about Columbia cutlery, after the jump.

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An ATL reader sent us this photo from the University of Buffalo, writing:

What my barbri tuition got me for my mpre review class. This tv is for approximately 60 people.

MPRE class.jpg
The budgets are tight at law schools these days, but it seems like they could at least spring for a projector or a proper desk. Our tipster reports that they did have someone on hand to press play.

columbia law school logo.jpgTuition at Columbia Law School this year is $48,004 (which doesn’t include $1,638 for health insurance and a $95 “transcript fee”). The estimated living cost for an academic year is $21,263. Putting it all together, students are looking at more than $70,000 for a year of legal education, during the worst recession in the legal industry most people can remember.
You’d think all of that would at least buy you a plastic fork at lunchtime. But you’d be wrong. Tipsters report that Columbia is now charging $.15 for plasticware in the law school cafeteria.
I’ve been doing this job for over a year now, and in that time some pretty petty cutbacks have scrawled across my inbox. But this might be the most outrageous “reverse perk” of all.
Let’s take a stroll through some other recession cutbacks.

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