* NO, NO, NO, NOTORIOUS! Previously unpublished documents from the Clinton White House have been released, and it looks like Justice Ruth Bader Ginsburg was criticized for her “laconic” nature. Not cool, Bill. [Legal Times]
* Document review jobs aren’t going anywhere, folks. Exhibit A: Winston & Strawn’s e-discovery practice is bringing in the big bucks, earning the firm more than $20 million in revenue last year. [Capital Business / Washington Post]
* More lawyers are being treated for substance abuse for drugs and alcohol than ever before. In fact, a founding partner of Farella Braun + Martel, one of California’s largest firms, was once a “functioning alcoholic.” [Am Law Daily]
* A Florida jury apparently set on “sending a message” to tobacco companies awarded $23.6 billion in punitive damages to a chain smoker’s widow against RJ Reynolds. That was a costly message. [Reuters]
* June 2014 marked the fewest people who sat for the LSAT in 14 years, but it may get even lower if a new ABA proposal which would allow the test to be waived for 10% of students passes. [Central Florida Future]
We’ve spent a fair amount of time in these pages decrying the low wages that contract attorneys are being offered. And the reasons for this go deeper than just some intrinsic belief that attorneys deserve to make more than minimum wage or the somewhat selfish desire to pay more than the minimum amount due on your student loans (or any of your other financial obligations).
Accepting low-paying jobs, and doing a decent (read: non-malpractice) job, has the effect of driving down the overall market rate. Once one major staffing agency or vendor starts offering below-market rates, others start dipping their toe into the cheaper waters and before you know it, the market standard has changed . . . and not in a way that helps contract attorneys. This reality has even gotten some begging their compatriots not to take below the market rate and even floating the idea of a contract attorney union.
So aside from the obvious, and all too common, scenario where you are trying to stave off financial ruin, is it ever okay to take a job that pays significantly below the market rate?
Like one of probably hundreds of associates of a certain vintage, I spent a fair number of billable hours sifting through thousands of documents (often copies of copies of copies of the same document) relating to the Enron fraud. LJM1 and LJM2, Raptor I, II, III, and IV, etc.
I don’t recall discovering anything that many others hadn’t already noticed, but as I found to be true in other document reviews, there were plenty of personal emails sprinkled amongst the “wheat” that offered some respite from the boredom of the review task. That, plus the fact that essentially limitless low-stress billable hours are great for hitting bonus targets, were for me pretty much the only redeeming features of the document review exercise….
Litigators can fall victim to their own imaginations. It’s really built into the system when they’re encouraged to write their exhaustive wishlists during discovery and fill their own dreams with visions of terabytes of entirely incriminating evidence. When discovery inevitably fails to live up to those dreams, litigators have to make a decision between accepting disappointment or accusing the other side of wrongdoing for failing to fulfill those sugarplum visions. Litigators are basically Captain Hindsight, constantly shocked — SHOCKED — that no one understood years ago how important something would be to a case today.
Kirkland & Ellis chose the latter, writing counsel for a non-party — yes, a non-party — suggesting that he was withholding evidence because he hadn’t kept every single email they thought he might have from four years — yep, four years — earlier.
And then this guy’s lawyer went brutally funny on them….
* This failed firm’s drama is the Biglaw gift that keeps on giving: Dewey & LeBoeuf’s bankruptcy trustee filed an amended complaint against Steve DiCarmine and Joel Sanders seeking the return of more than $21.8 million. [WSJ Law Blog]
* Norton Rose Fulbright elected someone who “love, love, love[s] the law firm” as U.S. managing partner, and she’s the first woman to ever serve as U.S. chair of its management committee. We love, love, love this news! [National Law Journal]
* According to a California judge, tenure laws are unconstitutional and are depriving students of the high quality of education they deserve. The end is nigh, law professors. Enjoy it while it lasts. [New York Times]
* Not all states have legalized the recreational use of marijuana, but it’d be a lot cooler if they did. The tide is turning across the United States, and we’ll soon see which states’ drug laws go up in smoke. [Slate]
* “Document review attorneys are in demand now but the demand will gradually decrease.” Sorry to be the bearer of bad news, but the one job you were able to get soon won’t need or want you. [InsideCounsel]
The painting was a reproduction of a photograph taken of Mr. Freeman by photographer Scott Gries in 2009. I know this because I found the original with a simple Google image search, right-clicked on the image, went to Properties and went over to the Details tab and saw that data embedded in the photo:
Also, the description in the YouTube video says so.
If you are like the 95% of people who don’t click on videos you see linked in articles, allow me to summarize for you….
* Lawyers for Jones Day got a light spanking in court after sending out some of Detroit’s confidential negotiation documents to its creditors. Quick, blame the doc reviewers. Oh wait, you already did. Nice work. [WSJ Law Blog]
* Cynthia Brim, the judge declared “legally insane” who collected a $182K salary for months without working, was booted from the Illinois bench. She’s the first member of the state judiciary to be removed in a decade. [Chicago Tribune]
* Massachusetts is instituting a $30,000 pay hike for state judges which will prime the pump for pension bumps and retirements. For the love of God, think of the poor ADAs next time, Massholes. [Boston Globe]
* The power of diagramming compels you! If you’re studying for the LSAT, here are tricks you can use when trying to exorcise the demons from the logic games section. [Law Admissions Lowdown / U.S. News]
* Prosecutors want Oscar Pistorius to undergo a psychiatric evaluation in order to urge the court to consider an insanity defense, even though Bladerunner’s legal team doesn’t intend to mount one. [CNN]
If I spend time reminiscing about the wayback times — all the way back to when I was a summer associate — I am reminded that one of the benefits of litigation (at least as described to me by an older associate nearly a decade ago) was supposed to be that it was recession proof. Meaning that just when the deals that characterize good economic times were slowing down that was when the real litigation would begin. So you’d be busy with new cases created by deals gone bad while your friends that joined corporate departments would find themselves without work to do at the same time a firm might be looking to make some cuts.
Now that didn’t prove quite true — when it’s time for Biglaw to do layoffs, litigation personnel find themselves as much at risk as every other department. But it is accurate that we do see an uptick in litigation after bad economic events. After all, it was only about two years ago when nearly every document reviewer or contract attorney found themselves on cases dealing with residential mortgage backed securities (RMBS). Yes, those same deals that nearly crippled the economy spawned massive litigation that kept food on my table. It didn’t matter what firm, agency or even city you worked for/in all the big document review projects seemed to be about RMBS. Now that that boom is nearly over we are left to wonder — what questionable business practice will lead to tomorrow’s doc review boom?
We spend a lot of time chronicling the lows of being a contract attorney. It’s the very bottom rung of the legal profession, but no matter how disrespected the job it is still an essential part of modern litigation. These jobs are rarely permanent positions so as contractors move from temp job to temp job there is an inordinate amount of terrible and just plain crazy jobs out there. Horrible working conditions, bad bosses and low wages are all par for the course, so it takes something really special to stand out.
This job posting a tipster sent in literally had my jaw dropping. So what job is flirting with minimum wage and has even a jaded industry insider like me shocked?
This column is designed to deal with all of the issues related to document review — and we’ve dealt with a bunch. Whether it is staffing agencies, fellow reviewers, or associates, there is no shortage of things to complain about when you are on the very bottom rung of the legal world. No one goes to law school thinking, “Oh, maybe one day I’ll get to be a document reviewer,” and that profound lack of satisfaction with their careers leads to a uniquely disgruntled set of workers.
All that is true, but sometimes there is reason to be disgruntled. In all my professional experiences, there is nothing quite as outrageous as the pure lies that are told to document reviewers. Sure, they may try to hide behind the inherent instability of the industry, but the thing that is really frustrating is the lies. Maybe you can never prove it as such . . . but they know, and you know, it is a blatant untruth.
As George Orwell once declared, “In a time of universal deceit — telling the truth is a revolutionary act.” Thus, without further ado, I present the top four lies of document review:
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.