A partner at Morrison & Foerster accidentally “replied all” to an email on which “List/Attorney/All” was cc’d. Emails sent to “List/Attorney/All” go out to all 1,000-plus MoFo lawyers around the world.
What the partner wrote in the email was probably not something that should have been shared with the rest of the firm….
Thanks to the kindness of several tipsters, we now have copies of some of the emails sent around Mercer Law by Stephen M. McDaniel. We will now share them with you, so you can judge for yourself whether there is anything in this correspondence that is troubling or problematic….
The Honorable Alex Kozinski, Chief Judge of the U.S. Court of Appeals for the Ninth Circuit, and one of his law clerks have penned a eulogy for the Fourth Amendment. It’s been murdered, Judge Kozinski and Stephanie Grace write in an editorial for The Daily, and you all are the guilty culprits.
You’ve put a knife in it, by letting supermarkets track your shopping in exchange for loyalty discounts, letting Amazon and eBay store your credit card info, and letting Google track the websites you visit and take photos of your homes with satellites.
The problem, at least constitutionally speaking, is that the Fourth Amendment protects only what we reasonably expect to keep private. One facet of this rule, known as the third party doctrine, is that we don’t have reasonable expectations of privacy in things we’ve already revealed to other people or the public…
With so little left private, the Fourth Amendment is all but obsolete. Where police officers once needed a warrant to search your bookshelf for “Atlas Shrugged,” they can now simply ask Amazon.com if you bought it. Where police needed probable cause before seizing your day planner, they can now piece together your whereabouts from your purchases, cellphone data and car’s GPS. Someday soon we’ll realize that we’ve lost everything we once cherished as private.
Many law school graduates are wondering how they can make themselves more marketable in light of their dismal job prospects. Hell, even graduates from elite law schools are having trouble finding jobs these days.
What can these would-be lawyers do to help themselves land a respectable job?
Some of these people are actually so desperate they believe that getting even more legal education will solve their employment woes. Maybe, just maybe, they think, an LLM from a better school will help them wipe the sub-T14 sludge off their résumés. Of course, money is no object, because really, after throwing $150,000 at a wall and hoping that it sticks, another couple thousand dollars is just a drop in the bucket.
But don’t sign up for that LLM just yet, because the masterminds at the University of Texas School of Law may have a solution for you. Education is the key, but it’s not the kind of education that you’d expect….
Do you remember our Lawyer of the Month for March, Tyler Coulson? In case you don’t, he’s the former Sidley Austin Chicago associate who decided that he’d rather take his dog on a cross-country walk than do another day of lawyering. Before leaving, Coulson sent what was described by a fellow Sidley source as the “coolest ‘f**k you I quit’ email” ever:
On March 9, 2011, Coulson began his journey in Delaware with his pooch Mabel, in the hopes of making it to California by September. So, inquiring minds at Above the Law want to know: What the heck happened to Coulson and man’s best friend?
Did he have to pull any crazy Bear Grylls maneuvers, like creating his own “sheeping” bag for warmth? Did he have to hack off his own arm with a dull blade, like in 127 Hours? To find out if Coulson’s story turned out anything like Into the Wild, read on….
This is the worst piece of whoring journalism I have read in a long time. How long are you going to suck [U.S. Attorney Preet Bharara]’s teat? All to hurt a decent, honest witness, [whom assistant U.S. attorney Reed] Brodsky could not lay a glove on. It did not work. The jury was not impressed by the worst cross examination ever delivered. So in the style of Preet, try to smear him by working the sycophants in the back of the Courtroom. He learned from Schumer in the Senate… Preet is scared sh[**]less he is going to lose this case so he feeds his whores at the WSJ. What a disgrace for an otherwise great paper.
Google announced yesterday that hackers in China had gotten access to hundreds of Gmail accounts. And it wasn’t just anyone’s email. The attack targeted senior government officials in the United States, Chinese political activists, officials in several Asian countries, military personnel, and journalists.
I have a feeling we will hear a lot more about this over the next few days. For the moment, let’s take a look at the details we know so far….
Yesterday, there was a wonderful story coming out of Kansas Law School (gavel bang: @VaultLaw). A student there is starting the first animal cruelty prosecution clinic in the country. That’s what the scholars call “awesome.” There are simply not enough lawyers who are even familiar with animal cruelty laws. If more people know how to go after people who abuse animals, these criminals are more likely to be identified and punished.
Unfortunately, there’s an email going around a law school down south which will illustrates just how important it is for the new Kansas program to succeed and provide a model for similar initiatives around the country. There are some sick a$$holes out there, and they need to be stopped…
It so happens that we are right in the middle of election season for law review boards. At top law schools around the country, 2Ls who want to be Supreme Court clerks — or Supreme Court justices, or even presidents — are finding out if they’ll be able to include “Editor in Chief: Law Review” on their résumés for the rest of their lives. At less prestigious schools, 2Ls are hoping that a place on the editorial board of their school’s law review will help them get a job upon graduation.
(And people who are not on law review have another week or two to get hammered and enjoy the fledgling spring before they need to hunker down and cram for finals.)
The people involved in law review elections take the popularity contest selection process very seriously. At many places, the debates over whom to pick last well into the night, and the election takes many ballots before a winner is declared. The process at many places is so ritualistic, it’s a wonder that newly minted editors-in-chief don’t adopt new names when they win, just like the Popes. Can’t you see it now: Homosextius I of the Harvard Law Review?
Of course, if there are winners, there have to be losers. And some losers don’t take their losing lying down. Thanks to the magic of forwarded emails, we are able to bring you one such story of law-review-losing bitterness…
You might think that watching law students play sports would be like watching U. Conn. and Butler play basketball. You know, undersized, intense people playing in an ugly and painful style. You’d think that watching law students play a pick-up game of 21 would be indistinguishable from watching Butler unsuccessfully try to throw a ball in the ocean.
But you’d be wrong. Because at some point in the athletic competition, law students would undoubtedly halt competition and begin arguing over rules and regulations. Granted, halfway through the second half of the National Championship game, I wanted somebody to file an injunction on behalf of the rims in Houston that were being murdered. But in general I like my athletic competitions to be devoid of brief writing.
Professor Joel P. Trachtman (JD Harvard Law School) has developed a unique, practical guide to help lawyers analyze, argue, and write effectively.
The Tools of Argument: How the Best Lawyers Think, Argue, and Win is a highly readable 200-page book, available for about $10 in paperback or e-book. Chapters focus on foundational principles in legal argument: procedure, interpretation of contracts and statutes, use of evidence, and more. The material covered is taught only implicitly in law school. Yet, when up-and-coming attorneys master these straightforward tools, they will think and argue like the best lawyers.
For most attorneys, time spent managing the books is a necessary evil at best. Yet it is undeniably a crucial aspect of running a successful practice. With that in mind, we invite you to view or download a free webinar by Above the Law and our friends at Clio to learn how to better manage your finances.
Take this opportunity to learn what it takes to streamline your accounting and get the most out of your time. The webinar agenda:
● The basics of accounting for lawyers.
● How legal accounting differs from regular accounting.
● Report and reconciliation issues surrounding trust accounts.
● How to pick and integrate the best accounting tools for your practice.
● Steps to prepare your tax return for your firm’s income.
Do not miss this crucial chance to optimize your accounting practices. Save time and get back to billing!
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.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!