Winston Churchill once said, “If Hitler invaded hell I would make at least a favourable reference to the devil in the House of Commons.”
This quote springs to mind when confronted with the ongoing legal tussle over the “revenge porn” site Pinkmeth.com. As vile as that business may be, the intrepid attorney battling to shut it down has an ally with a reprehensible past of his own — like fronting an organization recognized by the Southern Poverty Law Center as a bona fide hate group. It’s a legal conflagration that makes you want to cast a pox on both houses and curl up in the fetal position and pray for humanity.
But in the wake of the latest lawsuit filing, the two sides took to Twitter to lower the debate with public sniping.
Just like that, it’s the rest of us that win….
UPDATE (7/10/14 4:37 p.m.): The attorney involved in this suit, Jason Lee Van Dyke, has drafted a response to my post, which you can read on page 3. If you’ve already read this post, you can jump directly to page 3 here.
A recent study conducted by Maya Sen, a political scientist at the University of Rochester, and Adam Glynn, a government professor at Harvard, shows that judges who have at least one female child may be more likely to rule in favor of women in certain types of cases. The report “Identifying Judicial Empathy: Does Having Daughters Cause Judges to Rule for Women’s Issues?” finds that having at least one daughter corresponds to a 7 percent increase in the proportion of cases in which a judge will vote in a feminist direction. The study further finds that having one daughter as opposed to one son is linked to a 16 percent increase in the proportion of “gender-related cases decided in a feminist direction.” The study found the “daughter effect” was more dramatic in judges appointed by Republican presidents than in those appointed by Democrats.
Sen told the New York Times in a recent interview, “By having at least one daughter, judges learn what it’s like to be a woman, perhaps a young woman, who might have to deal with issues like equity in terms of pay, university admissions or taking care of children.” Sen and Glynn consider other causal explanations for their findings, but conclude that learning is the mechanism at play. For example, they rule out the possibility that parents of daughters feel compelled to rule in ways that would protect their female children Sen and Glynn saw an effect only in gender-related civil cases, not a conservative shift among gender-related criminal cases like sexual assault.
The problem with the study is not that the data are wrong. The problem is that too often those who use data like these mean to either exempt the judgments from moral consequence altogether or to praise particular judicial motivations that they happen to like. In the first instance, they justify legal realism with data, omitting any reflection on whether the observed effects can or should be minimized. They gloss over too the overwhelming number of cases that are decided by mundane, less-subjective methods. In the second variation, they celebrate the phenomenon as “empathy” with some results, while condemning it as “bias” in others . . . .
University of Denver law professor Nancy Leong continues her quest to make the internet safe for female law professors who engage in questionable scholarship. When last we heard from Leong, she was getting called out by Paul Campos for “research” that involved putting up white versus Asian profiles on Ashley Madison.
But Leong is better known for her ongoing dispute with online commenter “dybbuk.” Dybbuk made a number of nasty, racist, and sexist comments about Leong. Leong says that the comments have made her fear for her safety. She’s figured out who Dybbuk really is and is now asking his state bar to launch an ethics inquiry into his online behavior.
If you don’t like people trying to make your life awful, you shouldn’t talk on the internet. I think that rule applies equally to Leong and Dybbuk…
We’ve just entered August, so you know what that means: the start of on-campus interviewing season. If you’re a law student researching firms or a lawyer involved in your firm’s recruiting efforts, check out Above the Law’s law firm directory, where law firms get letter grades in different categories. Law firms might look alike on the surface, but there are very real differences between them, as our grading system reflects.
For example, law firms diverge when it comes to diversity. While every firm gives lip service to diversity, some firms have the goods to back up their claims, while others do not.
Let’s check out the latest diversity rankings, from two different news outlets, to see which firms are truly diverse….
My expertise to address this topic may not be clear. For truth be told, I am ill-equipped to break out in song. My grade school music teacher labeled me a sparrow, not a robin, and instructed me to just mouth the words. Still, in my dreams I can be a great diva.
Friendly reminder: Mother’s Day is this Sunday. If you haven’t done so already, you should buy your cards or gifts — and make your brunch reservations — NOW.
In honor of this occasion, we bring you an interview with a working mother whose professional journey is nothing short of remarkable. She went from working as a law firm switchboard operator to becoming the first woman partner of Cravath, Swaine & Moore….
Mitt Romney’s unfortunate comment at the most recent presidential debate, in which he boasted about receiving “binders full of women” while trying to build a diverse cabinet as Governor or Massachusetts, has become a wildly popular internet meme. If you’re looking for some good laughs, check out this Tumblr or this slideshow.
Happily, there’s a Biglaw connection to all of this. At which leading law firm can you assemble your own “binder full of women”?
I recently met a young-ish female in-house counsel. She was a Biglaw refugee, married with an eye to starting a family, who had jumped at the chance to go in-house rather than submit to the particular pleasures of the partnership push. We got to talking, and while my instinct told me to go into sell mode, I decided to play things more coolly. A lot of active listening on my part ensued, as I was subjected to various and sundry complaints about life as a female Biglaw associate, followed by a discourse on how much better in-house life was. I kept the conversation light, injecting some shots at Biglaw (these met with laughter and approval), while letting her do most of the talking. I was consciously avoiding acting like a Biglaw partner, or showing any interest in her because of her status as potential client.
Things became interesting when she started discussing her dissatisfaction with her current outside counsel. Various and sundry became a litany, as she complained about the male partner’s inattention to her, the sloppy work of the female associate she was dealing with, and the size of the bills. Most importantly, she complained of feeling unappreciated by the Biglaw firm she was using — and suspected that the lawyers working for her actually hated her. She did not want to feel hated. I can’t blame her — nor would I be shocked if she switched firms in the near future.
We eventually parted ways, but like a good Biglaw partner, I followed up with an email and my contact info. The email differed from what I would send a male in-house counsel after an introductory meeting. My email to the in-house lawyer was much less formal, and was actually jokey — but I wanted to stick with what was apparently working in terms of getting her to open up to me. It worked, as she replied right away with a joke of her own, and warm acknowledgement of how it was good to meet. Looking good — until I decided to experiment with something….
Biglaw partners sell their time and attention to clients who want legal help. Partners devote plenty of thought and attention to the mechanics of selling — the how, the what, and even the why regarding client’s selection of counsel. Biglaw firms rightfully obsess about these issues, spending untold sums on robust marketing departments, consultants, and the like, in the hopes that their partners will magically all become rainmakers (or at least adept “cross-sellers”).
But while the how, what, and why of rainmaking get a lot of attention, there is a glaring lack of attention and discussion of the “who” — as in, who are the people making the decisions to purchase the gold-plated services offered by Biglaw. You would think determining the profiles of your target customers, and targeting sales approaches accordingly, would be an important endeavor for a professional-services outfit. You would also think that Biglaw firms would discuss with their current and future rainmakers strategies for appealing to various types of purchasers of Biglaw services. Neither of the Biglaw firms I have been a partner at have done so — at least when it comes to adopting different approaches to pitching female in-house counsel. I would bet my experience is typical.
What does this have to do with “Biglaw Lady Issues”? Easy. While the statistics tell us that women — in part because of the challenges posed by the timeline I discussed last week, among other factors — are not really moving the needle much in terms of becoming Biglaw equity partners, there is no doubt that they are entering Biglaw in substantial numbers, and leaving to take in-house positions — again in substantial numbers. As Old School Partner reminded us, Biglaw is within a lifetime of being a “men’s only” club. Those days are over, as are the days when someone like Old School Partner could build a firm of men selling to male-run businesses with exclusively-male in-house counsel. But nobody really talks about the impact that the increasing number of female in-house counsel do (and should) have on Biglaw marketing efforts and client retention. Seems crazy that this is the case….
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: firstname.lastname@example.org.
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.
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.