To accompany Noam Scheiber’s big article on Biglaw — which I discussed yesterday, and Anonymous Partner analyzed this morning — the New Republic asked six prominent observers of the legal profession (including yours truly) for their ideas on how to fix law school. For all of the blame that Biglaw gets for the profession’s problems, some of the difficulties can be traced back to the legal academy and how it teaches and trains lawyers (or fails to do so).
Let’s check out the various reform proposals. Which ones do you agree with?
* Though she be but little, she is fierce! Under Mary Jo White’s guidance, the Securities and Exchange Committee is now cracking down on financial fraud with a vengeance. [DealBook / New York Times]
* When a Biglaw firm’s chairman skeptically says, “Uh, OK, I mean, maybe,” with regard to a future increased demand for legal work, you know things are bad. We’ll have more on this later today. [New Republic]
* With Detroit’s downfall, vultures are swooping in left and right to snag clients. Firms retained thus far include Weil Gosthal, Arent Fox, Kirkland & Ellis, Winston & Strawn, and Sidley Austin. [Reuters]
* “I’m not a 100% sure this is legal.” Two law professors have come up with a revolutionary way for law students to finance legal education that sounds like it just might work. [WSJ Law Blog (sub. req.)]
* Normally when Biglaw firms and legal departments go to court over contested litigation, something’s gone wrong, but this summer, they’re trying to do some good in the world. [National Law Journal]
* Soon, it’ll be known as Western Michigan University Thomas M. Cooley Law School, but even with a new name, you’re still going to be Cooley, and there’s no recovery from that. [Lansing State Journal]
* In Greenwich, Connecticut, the fact that people buy homes where they want their kids to go to school isn’t a “complicated concept.” The schools’ racial diversity, on the other hand, is. [New York Times]
I do not understand people who are too uneducated to know multiple languages who get pissed at people who don’t speak multiple languages perfectly.
I get it, this is ‘Murica. And most people here speak English. And if you go to receive a government service, it’s reasonable to expect that service to be provided in your native tongue. I’d be pissed off if I went to the DMV and all of the instructions were in Spanish or French or Chinese, but not English.
But if they’re in English… what do I care if they’re also in everything else? What do I care if everybody else is speaking a different language? If I can conduct my government business in my native tongue in my native country, what do I care if some Spanish-speaking AMERICAN CITIZEN can also conduct his business in HIS native tongue in HIS native country? Christ preaching in Aramaic, a good translation never hurt anybody.
Of course, I live in New York. I can spell Bhutanese. There’s a lawsuit today from a nursing school student who claims she was unfairly suspended from school after allegedly being racist to Spanish speakers in her school.
I’d say she’d lose, but we’re talking about Arizona, so who the hell knows…
Throwing a temper-tantrum in your office is better than throwing one in a parking lot.
I know, I know — when most of you think of “class,” you think of a small Long Island law firm that represents a small-town school district. So I’m sure it’s going to come as a shock to you that one of these Island lawyers engaged in a profanity-laced tirade after a school board meeting, in which he cursed out some parents in a parking lot.
This is Long Island we’re talking about, old sport. Respected Long Island attorneys don’t resort to such ribald language. If “Strong Island” isn’t careful, it’s going to be viewed as no better than the Jersey Shore.
Wait… I’m being told that we’re already there. Oh well, might as well take a look at this video of this lawyer calling somebody’s mom the C-word after a school board meeting….
Ed. note: We hope that you had a great July 4th — and that you’re enjoying a four-day weekend. But if you’re at work today and looking for diversion, check us early and often — we will be posting today (although on a reduced publication schedule).
* Lawyer of the Day Long Weekend: Christopher Kirby, whose profanity-laced tirade at the mother of a special-education student during a school board meeting has gone viral. Stay classy, Chris. [New York Daily News]
Of course California has a school district that teaches yoga as a P.E. class. It’s just the right mix of health consciousness and non-competitive physical activity that aging hippies would want in their schools.
And, of course California also has parents who would file a lawsuit complaining that yoga is some sort of crypto-religious activity being foisted upon their kids in a gross violation of the separation of church and state.
Now a judge has weighed in on the parents’ lawsuit…
Today, the Supreme Court surprisingly ruled 7-1 to vacate the Fifth Circuit in Fisher v. Texas. The opinion was a great big dodge. Anthony Kennedy, writing for the majority, said that the lower court failed to apply “strict scrutiny” to the University of Texas’s admissions policies. Cutting through the legalese, that means the Supreme Court actually upheld the case of Grutter v. Bollinger, which is the controlling case allowing affirmative action in college admissions. While conservative justices indicated that they would have overturned Grutter had they been asked, the majority found that they had not been asked.
If that all sounds like a bunch of legal mumbo jumbo to you that avoids the heart of the issue, you are not a lawyer. You are right, but you aren’t a lawyer.
This is no “victory” for affirmative action. There are still a majority of Supreme Court justices that want, almost desperately, to end racial preferences in college admissions. What the Court did today was threaten colleges and universities that want to use racial preferences to come up with really good justifications for their affirmative action policies. Schools that aren’t really committed to diversity, or that go about achieving diversity in a stupid way, will surely have their programs ruled unconstitutional in the future.
This is, I think, the end of affirmative action as a tool for “racial equality.” But affirmative action as a tool to promote “racial diversity” is alive and well.
Which, all things considered, is just fine by me. I think the Court signaled that it is just no longer buying the old reasons for affirmative action. While the rabid conservatives don’t seem to be wiling to consider any, it looks like moderates like Kennedy may listen to new justifications for using race as a factor in admissions, but you are going to have to convince him….
* Today is most likely going to be a banner decision day for the Supreme Court, so in wild anticipation, SCOTUS expert Nina Totenberg was on call to answer some need-to-know questions for the people about the innermost workings of the Court. [NPR]
* One of the opinions we hope will drop at the Supreme Court today is that of the Fisher v. Texas affirmative action case. If you want some hints on how the three justices who attended Princeton (not counting Kagan) might rule, check this out. [Daily Princetonian]
* Justice Samuel Alito is out in Texas where he threw the first pitch — “a bit wide of the plate” — in last night’s Rangers game. Will SCOTUS unleash anything important in his absence? [Washington Post]
* Meanwhile, while we eagerly await decisions in the gay marriage cases next week, consider for a moment the possibility that this is all just but a gigantic train wreck waiting to happen. [New Republic]
* Things are heating up in North Dakota where the battle over abortion regulations continues to rage on. What a shame, especially since we supposedly took care of this stuff in the early 70s. [ABC News]
* “If this is what these women signed up for, who is anybody to tell them differently?” Two pimps were acquitted of sex trafficking after prostitutes testified on their behalf. [Thomson Reuters News & Insight]
* “I don’t know whether the Lord Himself could get confirmed at this point.” It looks like poor Attorney General Eric Holder doesn’t have very many people left to turn to thanks to executive and congressional inaction. [Bloomberg]
* When it comes to recent diversity efforts in Biglaw there’s an ebb, but not really a flow, and it’s all being blamed on the recession. Also, “diversity fatigue” is apparently a thing now. [New York Times]
* The $200 million gender discrimination suit filed against Greenberg Traurig over the firm’s alleged “old boys club” has been settled for an undisclosed amount. You go girl! [Thomson Reuters News & Insight]
* According to Judge Murray Snow, Arizona’s most beloved sheriff, Joe Arpaio, has been violating the constitutional rights of all of the Latinos whom he supposedly “hadn’t” been racially profiling. [Reuters]
* My, how things change: David Blankenhorn, a man who once testified as an expert witness in support of Proposition 8 at trial, has come forward to condemn anti-marriage equality laws. [Los Angeles Times]
* Law schools tend to be “bastions of liberalism,” which makes it hard for students to find intellectual diversity. It’s a good thing we’ve got the Federalist Society to balance things out. [Washington Times]
* People who think Washington needs another law school propose one for students “who can’t afford to … go into debt … to get their legal degree.” This won’t sit well with the legal academy. [News Tribune]
* With Lindsay Lohan stuck in rehab, Amanda Bynes decided it was her turn to go wild. The retired actress says she’s suing the NYPD for unlawful arrest and sexual harassment. [New York Daily News]
* Alton Lemon, the Supreme Court plaintiff behind the eponymous Lemon test, RIP. [New York Times]
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.
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:
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.