Back in October, I waded into the rough waters of discussing women’s weight issues, and the discrimination that naturally follows. Again, I know that’s not much of a news flash; in a society that’s obsessed with beauty, of course overweight people, women especially (trust me, I’ve been there many a time), are going to be scrutinized and looked down upon with disgust. From what they wear to what they eat, everything they do is viewed with an eye toward absolute repulsion — because honestly, how dare they believe they’re normal. If you’re an overweight woman, your every waking move is going to be stigmatized.
In fact, rather damning character traits are regularly ascribed to overweight people, without any care as to whether those individuals are actually lazy, greedy, or devoid of self control. Ah, stereotypes. Even when they’re completely untrue, they’re so damn hard to shake.
Is it any surprise that these platitudes follow overweight women into the courtroom?
It’s rare for a lawyer to face criminal charges (even if you might get a different impression based on the content of our pages). It’s rare for a criminal case to go to trial (as opposed to being resolved through a plea agreement). It’s rare for a defendant to take the witness stand at his own trial. And it’s rare for such a defendant to win an acquittal.
But this is exactly what happened in the case of Bryan Brooks, which we covered last month. Brooks went into the courtroom and emerged victorious, but it was not an easy experience. When you’re the defendant as opposed to defense counsel, your life and liberty are on the line. Higher stakes would be hard to imagine.
I recently sat down with Bryan to hear the story of his harrowing journey through the criminal justice system….
“I don’t know…I can’t figure out any differences between these guys.”
Last night, Barack Obama and Mitt Romney squared off in a town hall debate, a format specifically designed to sway undecided voters because the political media seems obsessed with the idea that low information voters are super awesome and totally deserving of their role driving the political discourse of the most powerful nation on the planet.
As I watched it last night, it struck me that this town hall format is the political equivalent of the jury trial. The process is driven by staunchly undecided people culled from the local population with a moderator on hand primarily to facilitate the flow of information to the pool of lay observers.
But the two Harvard Law grads seeking the highest office in the nation failed some of the cardinal rules of jury trials.
Quinn Emanuel, Samsung’s firm, has taken the jury misconduct route as a way to get the $1 billion dollar verdict tossed. How exactly does Samsung argue the jury — which returned a verdict after only two days, and originally tried to award damages on patents that weren’t infringed — screwed up?
Let’s just say loose lips sink ships, and might even scuttle billion-dollar patent verdicts….
The average person is relatively honest. Why do we create rules that force otherwise honest people to lie?
We do this to many people. Think first about physicians.
For some reason, New Mom and Baby should spend one extra night at the hospital. Mom and Baby are doing fine, but the doctor sees a reason for one more night of rest. What does Doc do?
The insurance company won’t pay for, and Mom can’t afford, an extra night at the hospital, so Doc lies: He falsely notes that Baby is “jaundiced,” which justifies the necessary night at the hospital. The rules have turned Doc into a liar.
I’m sure that’s just the start of what the insurance bureaucracy does to turn honest physicians into routine liars. But I’m thinking today of rules that turn perfectly honest lawyers into liars. Once you start thinking about it, you’ll come up with endless examples . . .
* “He’s stupid. I wouldn’t even count him as a Republican.” Many Republican women at the RNC wish that the men like Rep. Todd Akin would just shut up about abortion, rape, and contraception. [Reuters]
* Everything’s bigger in Texas, including the discrimination against minorities. A panel of judges on a D.C. federal court shot down the state’s redistricting plans for lack of compliance with the VRA. [Washington Post]
* A disgruntled Stanford Law graduate’s defamation and retaliation suit against the school was dismissed. Sorry, but it’s highly doubtful that a law professor blacklisted you from getting a job. [National Law Journal]
* “[T]here’s a surplus of attorneys and not enough jobs for it.” Lincoln Memorial’s president admits amid accreditation issues that perhaps it wasn’t the best time to open Duncan Law. [Knoxville News Sentinel]
* “I don’t know if this was worth it, but I did have a good time in Cancun.” Skipping deliberations to go on vacation is a great way to earn yourself a trip to jail, but this girl got lucky. [Proof & Hearsay / Journal Sentinel]
* Continental faces a lawsuit after baggage handlers allegedly removed a sex toy from a passenger’s luggage and taped it outside the bag for the world to see. At least it wasn’t the TSA. [Courthouse News Service]
It was a big win for Apple, and it came surprisingly quickly. As Elie pointed out, it would take many smart people more than three days to even understand all the the terms within the 109 pages of jury instructions. Aside from the jury itself, it seemed no one was ready for the verdict. One attorney for Apple even showed up in a polo shirt.
Let’s have a post-mortem run through of the case (and a quick-and-dirty look at the massive attorneys’ fees incurred by both sides)….
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.