If you’re reading Above the Law, you want to go to law school, you’re in law school, or you graduated from law school. We hate to break it to you, but you and yours were some of the worst people on the planet as law students.
The law students and lawyers reading know this to be true. The prospective law students are still living in a dreamland where they think they’re going to bake and eat cakes filled with rainbows and smiles with their classmates, and be happy. You’re not going to be truly happy, not even one little bit.
You’re going to find a small group of people you think are normal, call them friends, and bitch about the rest of the gunners and freaks in your class. The rest of the gunners and freaks in your class are going to do the same thing, but they’re going to bitch about you. It’s like a high school clique-fest all over again, and you’ve even got the lockers to show for it. If you’re a law student, you’re probably a terrible human being.
* When it comes to the U.S. Congress — especially the current one, said to be the least productive and least popular in history — and federal lawmaking, “action isn’t the same as accomplishment.” [Boston Globe]
* The Department of Justice won’t seek the death penalty against Edward Snowden, but only because the crime he’s charged with doesn’t carry that kind of punishment as an option. But oh, Eric Holder can wish. [CNN]
* Sorry to burst your bubble, but Biglaw as we know it is on a respirator, so be prepared to recite its last rites. The New Republic’s Noam Scheiber responds to the critics of last week’s hard-hitting piece. [New Republic]
* The grass isn’t greener on the other side right now. Revenue per lawyer rose at Biglaw firms in 2012 (up 8.5 percent), but small firms struggled (with RPL down 8.1 percent). Ouch. [National Law Journal]
* Let me Google that for you: Hot new technology startups have been looking to lawyers who hail from the innovative internet company’s ranks when staffing their own legal departments. [The Recorder]
* If you’re wondering why more financial crimes haven’t been prosecuted since the Wall Street meltdown of 2008, it’s probably because they’re too just difficult for most juries to understand. Comforting. [NPR]
* In a recent interview having to do with all of the problems that law schools are currently facing, from shrinkage to joblessness, Professor Paul Campos sat down to politely say, “Told ya so.” [Denver Post]
I really don’t have anything to add on the Royal Baby beyond what’s been said by The Onion. The baby’s adorable; good job, England.
But while all England is hung up on this last vestige of monarchy, the real political power in the United Kingdom is busy trying to institute the kind of sexual censorship that would have made Queen Victoria proud. Under the cover of Will and Kate’s baby, British prime minister David Cameron is trying force people to “opt in” to pornography on the internet.
Or to put it another way, he’s trying to censor “porn,” even as he admits that he doesn’t really know how to define it….
* Ed O’Bannon asks the NCAA to agree in writing not to retaliate against any current athlete that joins his lawsuit against the organization. How sad is it that a non-profit organization committed to helping students needs to be reminded not to retaliate against students? In other news, NCAA Football 14 (affiliate link) came out today. [USA Today]
* More SCOTUS Term analysis. Tom Goldstein, Adam Liptak, and Jess Bravin have been invited to explain to the Heritage Foundation what an awesome term it had. [Heritage]
* The Shelby County decision completely lacks any foundation for the argument that the Voting Rights Act violates the Constitution. Yeah, but besides that… [Lawyers, Guns & Money]
* What is wrong with soccer fans? Referee stabs player and then ends up like Ned Stark. [Legal Juice]
* You think you know Justice Clarence Thomas, but you have no idea. Here are several myths about the silent Supreme Court star that he was capable of busting in just this term alone. [WSJ Law Blog (sub. req.)]
* According to the CBO, the immigration reform bill being considered in the Senate would allow eight million immigrants to gain legal status and lower the deficit by billions. But alas, dey still terk er jerbs! [NPR]
* Google is doing its best to try not to be evil by asking the FISA court to ease up on gag orders preventing the internet giant from telling the world about what it’s required to give to the government. [Washington Post]
* Florida firm Becker & Poliakoff will withhold 20% of equity partners’ pay, a move that made some lawyers cry. The firm is apparently planning to save the cash for a rainy day. [Daily Business Review]
* Paul Mannina, an attorney with the Labor Department charged with sexually assaulting a coworker, was found in his cell with his throat slashed. Police are investigating the death. [Washington Post]
* FYI, your aspirational pro bono hours — or complete and utter lack thereof — will now be public record in New York, and you must report them on your biannual registration forms. [New York Law Journal]
* Coming soon to a law school near you: really old books from the 13th century that’ll probably turn into dust if you dare try to read them. You can find this nerdgasm over at Yale Law. [National Law Journal]
* The family of Lauren Giddings, the slain Mercer Law graduate, has filed a $5 million wrongful death suit in federal court against accused killer Stephen McDaniel in the hopes of finding her remains. [Telegraph]
Employers in Finland are legally prohibited from running web searches on job applicants. This anti-Googling rule seeks to protect privacy.
We don’t take that approach here in the United States. Although running internet searches on job applicants can raise legalissues, the practice is generally permissible.
So it’s important for current and aspiring employees to maintain clean digital footprints. You never know when an employer, like an elite international law firm, might learn of your criminal past, like your prior conviction for a sex offense….
Please note the UPDATE added below regarding the nature of the offense.
* Right about now, the Second Circuit is wondering why authors are suing Google and crying infringement over the Internet company’s e-book project, especially since digitization could benefit so many of them. [Thomson Reuters News & Insight]
* This is the end of an era of legal battles: Jeffrey Skilling, Enron’s former chief executive officer, is getting a little shaved off the top of his 24-year prison sentence thanks to a deal with the Department of Justice. He’ll be out in 2017. [CNBC]
* Biglaw expected to have a slow start in 2013, but no one expected it to be this slow. The latest Citi report wasn’t exactly encouraging; on average, firms saw a 0.2% increase in revenue during the first quarter. [Am Law Daily]
* In the past decade, the American Bar Association has created six task forces to explore changing the face of legal education as we know it. Funny… nothing’s really changed. [National Law Journal]
* Bail for Ariel Castro, the accused Cleveland kidnapper, has been set at $8 million. “Just think of how many ribs and salsa albums could be bought with that, bro,” said Charles Ramsey. [Chicago Tribune]
Today, the National Law Journal released its list of the 100 most influential lawyers in America. The NLJ releases a similar list once every few years, and each time, the nation’s top lawyers — some from Biglaw, some from legal academia, some from the in-house world, and some from the trial and appellate bars — celebrate their success in creating real change in the industry. That said, the people named to this list are relatively well-known to the general Above the Law readership, but they won’t exactly be household names to laypeople.
Which legal eagles soared into the NLJ’s list this time around? Well, the NLJ selected their influential lawyers based on their political clout, legal results, media penetration, business credibility, and thought leadership. We’ve whittled the impressive list of 100 down to our own top 10.
Last week, I went to the preliminary hearing for Chris Bucchere, a software developer charged with felony vehicular manslaughter. On a workday morning in March 2012, Bucchere struck and killed a 71-year-old pedestrian, Sutchi Hui, in a busy, crowded intersection. Bucchere’s case has gotten a lot of attention in San Francisco, both because this is a case of manslaughter by bike rather than by car, and because Bucchere garnered criticism for writing about the incident on an online biking forum afterward, particularly because he ended the post by lamenting the “heroic” death of his helmet.
As in many urban environments, there is strife between the different classes of commuters in his city. Bucchere epitomized for many the reckless biker who takes liberties with the laws of the road — annoying drivers — and does not take seriously the damage that can be done on two wheels to those on two legs — annoying pedestrians, and in this case, mortally injuring one. The case interested me because press reports indicated that data from Bucchere’s Strava account — an app that bikers can use to track their rides — had been used to show how fast he had been going and to prove he had ignored stop signs.
District Attorney George Gascón told me the Strava data was part of the reason the city had decided to bring such severe charges against Bucchere. “It implies he was trying to compete with himself,” Gascón said. Bucchere’s online comments also played a role. “His helmet was more important than a human being.”
The Strava data did not wind up being instrumental in the hearing at all, though; instead 30 seconds of surveillance video took center stage.
* We have a new pope. Pope Francis I has no involvement with the sexual abuse scandals surrounding the Church, but has had other legal troubles in his past. [Los Angeles Times]
* UNLV Law Dean Nancy Rapoport schools other deans on drafting press releases about the U.S. News rankings. [Nancy Rapoport's Blogspot]
* Lend your support to this new project to create Oyez-style audio/video archives of state Supreme Court proceedings. This will be really helpful, but I’m holding out for audio/video of Wade McCree’s courtroom. [Knight News Challenge]
* If you’re mad that your name comes up when people Google “erectile dysfunction,” filing a public lawsuit over that fact isn’t the answer. [IT-Lex]
* Charter schools are lame because the crazy people running them teach whatever they want, like this one that teaches students that hippies were dirty. Well, okay, that’s not actually untrue, but the system’s textbooks have other faults, like explaining how the KKK was just misunderstood, y’all. [Lawyers, Guns & Money]
* Man loses his memory after car crash-induced head trauma, decides to become a lawyer. I’ve always said would-be lawyers should have their heads examined. [BBC News via Legal Cheek]
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.