I hate to invoke a cliché, but “David versus Goliath” captures the challenge a smaller firm faces when litigating against an Am Law 200 firm. A small firm can feel like David when facing a larger firm that can bring more resources to bear on legal research, drafting motions, reviewing documents, etc.
The challenge increases when applied to clients. Many of my firm’s initial clients were startups or emerging companies with limited litigation budgets. Their adversaries often were much larger, established companies with seemingly unlimited budgets. Thus, we faced not only the challenge of litigating against brand-name firms with hundreds of attorneys, but we also initially had clients who simply could not afford to spend as much in legal fees as their well-heeled opponents.
So how can a small firm, especially representing a smaller company, effectively litigate against a proverbial army of lawyers representing a client to whom money is no object?
Howrey dissolved almost an entire year ago, but its bones are still filling warehouses and servers across the world, and costing hundreds of thousands of dollars in storage fees.
The firm’s estate is embroiled in the painstaking process of destroying old files or returning them to former clients. There is still a long, long way to go. In today’s Washington Post, we get to see a vivid illustration of the problems involved in putting to rest a massive law firm that bridged the paper and electronic eras.
It is also a good cautionary tale for other firms: these documents will not just go away, even if your firm bites the dust…
Shortly after participating in the panel, Judge Peck fulfilled his own wish. Last week, he became what appears to be the first federal judge to order litigants to use the cutting-edge technology in a case.
Let’s look at the details, as well as take a little refresher on predictive coding…
Only God can save you now, James. Not sure if he's interested, though.
It might have seemed impossible, but things have gotten worse for those involved in the News of the World phone hacking scandal.
In addition to all the other evidence against the now defunct newspaper, which was run by James Murdoch, the son of everyone’s favorite terrifying Australian media baron, new email evidence — that investigators literally pulled out of a box in an abandoned office — indicates that the younger Murdoch should have known exactly what was going on.
This isn’t a smoking gun e-mail. It’s a smoking gun, fingerprints, and well-fit glove…
* Lat was on Minnesota Public Radio today giving a measured defense of unpaid internships. Kids at my high school were unpaid interns all the time. It was no big deal. (By the way, ATL is seeking a paid intern.) [Minnesota Public Radio]
* Earlier today, the internet temporarily exploded when the Ninth Circuit issued its opinion declaring Prop 8 unconstitutional. Here are comments from David Boies and Ted Olson, the lawyer heavyweights who argued the case. [Metro Weekly]
I don’t always cover electronic discovery, but when I do, I prefer juicy court decisions.
And that’s what we have today. The United States District Court for the Southern District of New York released a blunt, controversial ruling last week, slamming down accounting firm KPMG for requesting a less intense preservation obligation. The case has unsettling implications for attorneys and corporations who have big hopes in the future of less costly and less invasive e-discovery standards.
The case has been causing headaches for some time now….
The conference was frenetic, to say the least. There was a lot going on, regarding a cornucopia of technological topics and tools to help lawyers. As expected, the biggest hype revolved around predictive coding and computer-assisted review.
The legal technology world has been buzzing about this stuff for a while now, and we have covered it on these pages several times before. (Here and here, for starters). At the conference, attendees got to hear from the naysayers, the enthusiasts, and everyone in between. Several panels helped explain exactly what the technology means on a practical level. And no, cyborgs will not be stealing all the contract attorney jobs any time soon.
One of this week’s highlights was a lunchtime panel featuring two prominent attorneys and a New York magistrate judge. The discussion helped clarify, demystify, and define the terms that have been making headlines (even in the New York Times) for a good part of the past year. Is computer-assisted review as scary as it seems? Of course not.
Let’s see what the panelists — and at least one irate audience member — had to say….
Keyword searching is absolutely terrible, in terms of statistical responsiveness.
– Magistrate Judge Andrew Peck (S.D.N.Y.), in a panel today at the LegalTech conference. He spoke alongside Wachtell Lipton counsel Maura Grossman and Jackson Lewis partner Ralph Losey, on a panel that aimed to demystify cutting-edge, computer-assisted e-discovery technology. Peck is a vocal proponent of computer-assisted discovery and predictive coding. He is not a fan of the slightly older keyword-searching technology.
(A few minutes later, Losey had another strong opinion to add. See what was said, after the jump.)
Anyone who works with e-discovery has no doubt encountered the bewildering array of vendors and service providers clamoring for legal technology business. It can be confusing.
As the e-discovery industry has exploded, vendors’ roles have expanded and changed as well. Just a few years ago, it was more common for attorneys and their firms to have to piece together several vendors to form a cohesive e-discovery attack plan. These days, many service providers offer more start-to-finish options.
Even though it is all very technical, vendor work sometimes walks the line between IT work and actual lawyering. The District of Columbia Court of Appeals has become wary of discovery vendors that might offer misleading advertisements about their legal certifications. Last week the Court’s Committee for the Unauthorized Practice of Law (sounds intimidating!) delivered an opinion clarifying some rules relevant to discovery vendors.
While they were at it, the committee delivered a couple solid kidney shots. Ouch….
You made a fool of me… and got me in huge trouble with the feds.
For a long time, I have been a staunch advocate of putting passwords on all electronic devices — laptops, phones, tablets, etc. There’s no reason to leave your private life or sensitive business data accessible to any schmo who might have access to your phone, just because you’re too lazy to spend three seconds typing in a password. This is especially true for lawyers, given the client confidences that they handle.
At least personally, however, I’m more lax about sharing some access passwords with close friends or family. My girlfriend knows my iPhone and computer passwords. (I know hers too.) Usually I don’t stress about potentially catastrophic consequences of her knowing that information. But every once in awhile I read something that makes me seriously wonder if you can trust anybody.
My current crisis of trust arises from the prosecution of a man accused of conspiring to export millions of dollars of electronic equipment from the U.S. to Iran. Prosecutors found “incredibly blatant admissions of criminal wrongdoing and philandering” on the defendant’s iPhone. But the man says his wife — who he is currently trying to divorce — stole the phone and forged the incriminating evidence.
Talk about emasculating. Let’s read more about this not-so-happy couple.…
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
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:
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 six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.