What’s perhaps less obvious to those of us who do white-collar criminal defense but don’t normally practice in state court in New York is that, according to the law as set out in these papers, New York state is a magical Shangri-la of due process compared to federal court.
As you know, in this column I examine how individual solo and small-firm lawyers are using new technologies in their day-to-day practices. Hopefully, my columns will encourage and help other lawyers to do the same.
In today’s column you will meet Mitch Jackson, a California personal injury attorney, and will learn how he uses the wearable technology Google Glass in his law firm. Mitch founded his law firm, Jackson & Wilson, Inc., with his wife in 1988. Since then they’ve dedicated their practice to representing victims of personal injury and wrongful death.
It’s entirely possible that you’ve already heard of Mitch. Whether on Twitter, LinkedIn, Facebook, or YouTube, he has an incredibly strong social media presence. Most recently, part of his online focus has been on his use of Google Glass in his law practice. So of course he immediately came to mind when I conceived of the idea for the column. I knew I had to reach out to Mitch and explore how he uses Google Glass in his practice — and whether the technology is actually useful or whether it’s too nascent to be particularly helpful for lawyers.
The first question people usually ask me when they find out I am a lawyer is: “What kind of lawyer are you?” My response is usually: “I am a story teller.” A good deal of my practice involves helping lawyers tell stories, because no juror ever said, “Well… I’m not really sure that I understand the plaintiff’s point of view completely. Let’s give him $10 million.” I usually advocate for the cyborg approach: part human and part machine. I think you can tell an effective story without a computer, but from my experience, jurors are a reflective part of the population that consciously moved out of the radio era and into CGI-laden-movies era.
I use neat hardware (sometimes cheap hardware), I use neat software, and I almost always use a whole lot of custom graphics. Talking about how to make a great graphic is almost impossible. Most of the good ones are good for unique reasons. Most of the bad ones are bad because they fall into a few general categories. Here are a couple of those categories:
* Squire Patton Boggs has announced the new leadership structure of its lobbying and public policy practice. It’s really no surprise that the head honchos of the group hail from the Patton Boggs side of the recent merger. [Politico]
* “It’s funny how the Supreme Court reaches down and picks this case.” The most important digital privacy case of our time just happened to be filed by Stanford Law’s SCOTUS Litigation Clinic. Awesome. [San Jose Mercury News]
* If you’re caught on camera sleeping during a Yankees/Red Sox game, you can probably expect abuse from ESPN announcers. If you call someone an “unintelligent fatty” as an announcer, you can probably expect a $10M defamation suit. [New York Post]
The justice system in California suffered a complete meltdown yesterday, and an alleged career criminal who should be in jail is now in the morgue.
Here’s what happened: Bobby Lee Pearson was on trial for burglary in a Fresno County court. The jury was deadlocked. I’ve written before about how our jury system is probably the worst system possible, aside from all the other ones that have been tried.
If the jurors had told Judge W. Kent Hamlin they were deadlocked, he would have declared a mistrial. But there’s no “box” on the verdict form for no verdict, you have to actually tell the judge. This, evidently, confused the s**t out of 12 souls in Fresno. Instead of telling the judge, leaving the form blank, or simply asking for help, the jurors did the dumbest and laziest thing possible, and filled in “not guilty”on the verdict form.
Hamlin read the verdict, and released Pearson. Only later did jurors inform him that they had no freaking idea what they were doing. But it was too late for Pearson.
* The SCOTUS decision in the Pom Wonderful case could have serious repercussions in terms of deceptive labeling litigation under the Lanham Act. Even Justice Kennedy was misled! [Huffington Post]
* Dewey know when to WARN people? This failed firm apparently didn’t, and now it has to pay a $4.5 million class-action settlement to the employees it laid off without adequate notice. [WSJ Law Blog]
* After getting bumped out of the Am Law 100 after a 17-year run, Shook Hardy & Bacon is letting go of three floors of office space it “no longer needs.” Secretaries Paper takes up a lot of room! [Am Law Daily]
* Minutes after this career criminal was released from jail due to his accidental acquittal, he was stabbed to death with a steak knife. But for the jury’s crazy mistake, he would still be alive. Yikes. [Fresno Bee]
* LMU’s Duncan Law, perhaps better known as the little law school that couldn’t, is still trying to get ABA accreditation. At least this time they’ll be able to use law schools’ national decline as a scapegoat. [WBIR]
* Hmm, somebody didn’t review those documents quickly enough: the City of Detroit’s bankruptcy trial has been delayed for about a month’s time by Judge Steven Rhodes because the parties needed additional time to get their acts together. [Bloomberg]
* The NCAA may have lost the battle in the Keller EA Sports video games case with its $20 million settlement offer, but it’s clearly out for blood to win the war in the O’Bannon case with its tough cross-examination tactics for the lead plaintiff. [USA Today]
* GW Law, a school that recently increased its class size by 22 percent and allowed its average LSAT score to slip by two points, yoinked its new dean right out from under Wake Forest’s nose. [GW Hatchet]
* The legal profession isn’t exactly diverse, and law schools want to change that — the more pictures of “diverse” students they can display on their websites, the better. [Law Admissions Lowdown / U.S. News]
* Who really cares what prospective jurors wear when they show up for jury duty? The lawyers arguing that being turned away for wearing sneakers affected their clients’ rights in a case, that’s who. [WSJ Law Blog]
Madonna was supposed to do her civic duty as an American (or is she British these days?) and report for jury duty yesterday. Unfortunately, after galavanting on horses and prancing on beaches all Memorial Day weekend, she mysteriously fell ill.
Madonna took a “Holiday” from jury duty, if you will, and now the commoners are pissed…
* U.S. Attorney Preet Bharara wants to know more about why Governor Andrew Cuomo shut down an anticorruption commission. [New York Times]
* The ABA weighs in on the “unfinished business” controversy affecting bankrupt law firms, their lawyers, and their clients. [WSJ Law Blog]
* Better late than never: students and professors at UC Davis Law are pushing for the posthumous admission to the California bar of Hong Yeng Chang, who was denied a law license in 1890 solely because of his Chinese heritage. [Associated Press; South China Morning Post]
* Speaking of late, a robber sent to prison 13 years late because of a clerical error just got released. [ABA Journal]
* Cheerios is claiming that “Liking” them on Facebook constitutes a waiver of the right to sue. Let’s take this moment to encourage everyone to Like Above the Law on Facebook. [NY Times]
* New study determines that the United States is an oligarchy instead of a democracy. You’re telling me that a government explicitly founded on the principle that only a handful of wealthy men should have a voice grew into an oligarchy? Quelle surprise! [UPI]
* In the continuing saga of NYU’s allegedly shady spending, there are now reports that former NYU Law Dean and current NYU President John Sexton used school funds to convert two apartments into a duplex for his son. His son was married to an NYU Law employee and as I’ve said before, a school located in housing-scarce Manhattan should be able to do something to house professors, but as they say, “the optics” aren’t good. [Chronicle of Higher Education]
* Musings on what it’s like to clerk in the midst of “flyover country” (presumably like my early childhood home of Des Moines). It makes a valiant effort to redeem itself at the end, but this article is exactly why most parts of the country think New Yorkers are elitist dicks. Which, we kind of are, but you don’t want to broadcast that. [Ramblings on Appeal]
* The judge in the New Orleans Affordable Housing case may know the real identity of one of the anonymous commenters in the case. And if one of the anonymous trolls was a federal prosecutor poisoning the well in the case — like everyone suspects — it could aid the defense. [Times-Picayune]
* For those of you across the pond, there’s a one-day event for lawyers on the business case for Corporate Social Responsibility. It’s in England because American companies have already passed on the idea of corporate responsibility. [International Law Society]
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.
Whether you’re fresh off the bar exam or hitting your stride after hanging a shingle a few years ago, one thing’s for certain: independent attorneys who start a solo or small-law practice live with a certain amount of stress.
Non-attorneys would think the stress comes from preparing for a big trial, deposing a hostile witness, or crafting the perfect contract for a picky client.
But that’s nothing compared to the constant, nagging, real-life kind, the kind you get from the day-to-day grind of being a law-abiding attorney.
Connecticut plaintiffs-side boutique litigation firm (12 lawyers) seeks full-time associate with 2-4 years litigation experience, top tier undergraduate and law school education. Journal or clerkship experience a plus; highest ethical standards and strong work ethic required. Familiarity with Connecticut state court legal practice is preferred, but not required.
The firm handles sophisticated, high-end cases for plaintiffs, including individuals and businesses with significant claims in a wide array of matters. Our cases often have important public policy implications, and are litigated in state and federal courts throughout Connecticut. Representative areas of practice include medical malpractice, catastrophic personal injury, business torts, deceptive trade practices and other complex commercial litigation, and products liability.
Additional information can be located on our website, at www.sgtlaw.com.