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Update: Grandma May Have Been Triggerwoman in Howrey Associate Murder-Suicide

Elizabeth Fontaine Howrey LLP.jpgIn yesterday’s post regarding the tragedy that left a Howrey associate, Elizabeth Fontaine (pictured), and three of her family members dead, we promised to keep you posted on new developments. We now bring you this update, from the Orange County Register:

Sheriff’s investigators believe they know how four people, including two young sisters, died in a bloody heap Monday inside a million-dollar home in Talega.

Grandmother Bonnie Hoult, 67, fired the gun that killed her daughter and grandchildren before turning the .357 magnum on herself, a senior homicide investigator told the Register, citing the department’s prevailing theory behind the killings that rocked a gated community.

He said her daughter Elizabeth Fontaine, 38, appeared to have been a willing participant in the killings, with both she and her mother choosing death for themselves and the girls instead of allowing the sisters to be sent temporarily into the custody of a sister of their father.

More about these modern-day Medeas, after the jump.

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Howrey Associate Dead in Family Tragedy

Howrey logo.JPGTragedy struck the Irvine, CA, and Houston offices of Howrey earlier this week. The ABA Journal reports:

A Howrey intellectual property lawyer was found dead along with her daughters and mother Monday in an apparent murder-suicide.

Associate Elizabeth Fontaine, her two daughters and her mother were killed on the same day that a California judge gave temporary custody of the girls to an aunt, according to the Los Angeles Times’ L.A. Now blog and the Associated Press. Authorities are conducting forensics tests to determine who pulled the trigger.

Howrey confirmed that Elizabeth Fontaine was a Howrey employee in a firm-wide email yesterday. The email, plus AN UPDATE, after the jump.

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Lawyer of the Day: Aaron Biber

Aaron Biber Gray Plant Mooty.jpgAaron Biber was a principal specializing in business law at the Minnesota law firm of Gray Plant Mooty — until yesterday. As mentioned in yesterday’s Non-Sequiturs, he’s been charged with molesting a 15-year-old boy.

His photo appears at right. We’ll let you be the judge.

Biber was a prominent member of the local bar. From the Minneapolis Business Journal:

Biber is treasurer of the Minnesota State Bar Association, and a former president of the Hennepin County Bar Association. He’s being held at the Hennepin County jail. Freeman’s office expects to ask for $1 million bail at his arraignment, scheduled for Tuesday.

South Lake Minnetonka police arrested Biber on Friday at the Eden Prairie Mall, where he had allegedly arranged to meet the boy. Authorities say Biber had previously had sex with the boy in October at Biber’s Shorewood home.

Gray Plant Mooty has put Biber “on leave” and taken down his bio. This Minnesota firm can teach Biglaw a thing or two — they’ve even eliminated the cached version.

UPDATE: Actually, you can find a cached version of his 2007 bio here. (Gavel bang: commenter.)

More yucky allegations, and the reaction from his colleagues, after the jump.

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Texas Criminal Defense Firm Can’t Defend Its Photos

Right before the holidays, we wrote a heartwarming story about child porn and stumbled across the website of Lindeman, Alvarado & Frye, a Texas criminal defense firm with a variety of sexual crimes practice groups.

We wrote an Adventures in Law Firm Advertising post about the firm because of its disturbing taste in stock photos. For example, we thought this image for a kiddie porn defense practice group was highly questionable:
lindeman alvarado frye kiddie porn defense.jpg
Apparently, the photos did not stay up long after our post. The Texas Lawyer wrote on Friday about the firm’s learning a lesson from ATL:

Above the Law noted that a photo of a pigtailed girl accompanying Lindeman, Alvarado’s description of its Child Sexual Assault & Internet Solicitation of a Minor Defense Practice was a “little off.” The blog also pointed out a photo of a troubled-looking woman wrapped in a robe illustrating the firm’s Rape and Sexual Assault Defense Practice; one of a hand over the mouth of a young girl to illustrate the firm’s Family Violence Defense Practice; and a photo of a suitcase filled with white packages illustrating the firm’s Interstate and International Drug Charges Defense Practice.

The stock photos in question were added to the firm’s Web site in April by FindLaw, which Lindeman, Alvarado had hired to revamp and expand the firm’s site, Lindeman says. Lindeman, Alvarado partner Charles B. “Brad” Frye says the project cost the firm about $30,000.

We think Lindeman may be entitled to a refund. An ATL reader sent the firm a link to our post, and the firm e-mailed Findlaw to get the photos taken down. Since it was the Wednesday before Thanksgiving, they didn’t remove them from the site until Monday, Nov. 30.

Not that it matters. We still have the screen shots. Plus, we discovered one more photo — thanks, Google cache! — that may be the worst of them all….

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Adventures in Lawyer Advertising: Texas Firm’s Kiddie Porn Practice Group

lindeman frye logo.gifWhile writing a post for True/Slant about child porn enthusiasts who used a private social network to trade their kiddie pics, we stumbled across the website of Lindeman, Alvarado, & Frye. The Texas criminal defense firm has a kiddie porn practice group.

We think the photo accompanying the description of the group is a little off….

UPDATE: Other practice groups include disturbing images, as pointed out by commenters.

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Supplemental Lawsuit of the Day: Principal’s ‘Phallusy’?

lolita with lollipop.jpgA high school principal in Indiana doesn’t want slutty-seeming students playing sports, reports Courthouse News Service.

Two sophomores attended a summer slumber party with other girls from Churubusco High School. They did what all high school girls do at slumber parties (at least in the imagination of high school boys). From their complaint [PDF]:

During the sleepover the girls took pictures of themselves pretending to kiss or lick a large multi-colored novelty lollipop shaped phallus that they had purchased as well as pictures of themselves in lingerie with dollar bills stuck in their clothes as well as other pictures.

Ed. note: See this comment. Should that read “phallus-shaped lollipop”?

The girls later posted these photos on MySpace. Someone among their MySpace “friends” printed the pics and gave them to the principal. The principal decided the girls had violated the school’s code of conduct and suspended them from all extracurricular activities, including athletics, for the entire school year.

The ACLU thinks the principal is a sucker, and has stepped in to help the girls sue their school.

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‘Run, Forrest, Run!’ (And then go get a J.D.)

scott black child marathon runner.jpgThe New York City marathon happens this Sunday. We know many lawyers who will be running it, and we wish them luck.

The marathon did not impose a minimum age until 1981 (16, raised to 18 in 1988). Pegged to the upcoming marathon, the New York Times had a fascinating article earlier this week about child marathoners, focusing on Wesley Paul, Scott Black (pictured), and Howie Breinan:

The adventures of Paul, Black and Breinan offer a glimpse into a forgotten aspect of the running boom of the late 1970s. Preternaturally self-disciplined, they were among about 75 children (ages 8 to 13) who tackled the early years of the New York City Marathon in a time of novelty and naïveté….

With no conclusive study, physicians still debate risks to children who compete in marathons, like muscular-skeletal injuries, stunted growth, burnout, parental pressures and the ability to handle heat stress.

Another risk: going on to become a securities lawyer. Two out of the three child marathoners profiled by the Times now practice in that field.

Scott Black is a senior trial lawyer at the Securities and Exchange Commission in New York (after several years at Wachtell Lipton, where he worked with Lat on a number of cases). Wesley Paul is a partner at Michelman & Robinson, where he practices corporate and securities law.

We touched base with Black and Paul to ask about possible connections between their running and legal careers. Read more, after the jump.

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The Roman Polanski Prosecution: Keep On Keeping On, or Drop It Like It’s Hot?

Roman Polanski Adrien Brody.jpgWe’ve already mentioned the recent arrest of acclaimed film director Roman Polanski (pictured at right, with uber-hottie Adrien Brody). But it’s a slow news day controversial, so we’d like to give you a chance to discuss it in more depth.

Over at the WSJ Law Blog, Ashby Jones has a nice write-up. He explains the background:

The Oscar-winning film director was arrested on Sunday in Zurich on a 31-year-old warrant issued in the U.S. for having sex with a 13-year-old girl in 1977. Polanski was arrested, at the request of the United States, as he jetted into Switzerland to collect an award for his life’s work.

Local police arrested Polanski at the airport upon his arrival in Zurich, where he was to receive a lifetime-achievement award at the Zurich Film Festival. Polanski was jailed pending a decision on whether to extradite him to the U.S., according to the Swiss Justice Ministry….

Polanski fled the U.S. in 1978 after he pleaded guilty to having had sexual intercourse with girl — the allegation was that he gave the girl alcohol and part of a quaalude before raping her. Since then, he has lived in France, where he was born. French authorities refused to extradite him to the U.S., claiming that his crime didn’t fall under those covered by treaties between the two countries.

According to ABC News, which obtained comment from Polanski’s French lawyer, the director plans to fight extradition.

Should the authorities keep pursuing Polanski? Some pros and cons, plus a reader poll, after the jump.

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Career Alternatives for Attorneys: Baby Maker?

A female associate at a large law firm recently sent us a message along these lines (we’ve tweaked and paraphrased her original email in places):

baby babies kid child.jpgIn these tough economic times, people are (1) having trouble finding jobs as they come out of law school, (2) recently laid-off, or (3) miserable in the jobs they still have, given how low morale is and how many hours they’re expected to work now (given the “be grateful for your job” mentality).

People in such situations are often unable to make a change, given how few jobs there are out there and how much competition there is for them. But they’re scared to just up and quit, because very few employers would actually buy that they had resigned and not been fired.

What’s a girl to do? Make babies. That’s what.

Making the case for making babies, after the jump.

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Kids Are Refreshingly Naive About The Legal Profession

kids with lawyers.jpgThis past weekend we spent some time in Charlotte, North Carolina, where the houses are big (compared to Manhattan apartments), the downtown is small, and lawyers make time for inspirational lunches with school children. Or so we read in the Charlotte Observer:

It’s not every day that an eighth-grader gets to sit down to lunch with a lawyer, but it happens once a month for nearly 80 Charlotte-Mecklenburg Schools students.

CMS’ “Lunch with a Lawyer” program helps middle schoolers who are interested in law careers learn more about the profession by getting to know a lawyer.

The article offers a refreshing take on why people become lawyers. See your profession through the eyes of 12-year-olds, after the jump.

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Teen Prodigy: Smart Enough to Go To Law School at 19, Dumb Enough to Go To Law School

hilary duff to star in barely legal.jpgKate McLaughlin will be the youngest 1L at Northwestern Law School this fall, at just 19 years old, reports the Orange County Register.

McLaughlin, who graduated from high school at 12 and from UC San Diego at 17, rocked the LSAT (score: 174) and is going to law school because she wants to save the world:

McLaughlin is not sure yet what she wants to do with her law degree, but hopes it will help her to be more effective in lobbying for the social causes she feels passionately about - feminism, combatting racism, equal rights for gays and lesbians, and international humanitarianism.

“I’m an idealist; I want to change the world,” she said. “I bleed blue; I’m a Democrat. I’m an ardent feminist. I’m big on LGBT (lesbian, gay, bisexual and transgender) rights - Prop. 8 was a big issue for me.”

The Wall Street Journal Law Blog questions McLaughlin’s decision to go to law school:

[S]he says being a lawyer isn’t at the top of her to-do list. Rather, she wants to be a science fiction writer…

We’re all for law school — and who are we to say what McLaughlin should do? — but, frankly, we sort of share McLaughlin’s worry about not having time to do the things she’s interested in. How about making a run in the science-fiction world and then heading to law school a bit down the road?

McLaughlin’s not the first especially young one to head to law school. After the jump, we give you a round-up of other barely pubescent law school students and how they’ve fared. One of them has fared especially well — her life might be turned into a TV sitcom about life as an underage lawyer, starring Hilary Duff.

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Mommy of the Day Madlyn Primoff Gets Conditional Discharge

Madlyn Primoff Kaye Scholer mugshot.jpgWe — and everybody else — reported on the Kaye Scholer partner who kicked her children out of her car and was charged with endangering the welfare of a child. Today, Madlyn Primoff received a conditional discharge:

That means that the misdemeanor charge of endangering the welfare of a child against Park Avenue lawyer Madlyn Primoff will be dismissed in six months as long as she does not get arrested or violate the order of protection issued for her two girls.

“There is no ongoing danger to the children,” Westchester County Assistant District Attorney Audrey Stone told City Judge Eric Press during a brief appearance at 9:30 a.m.

Outside of the courthouse, Primoff apologized:

“Clearly I made a mistake,” Primoff said. “But I truly love our children and I know I am a good parent.”

As one commenter already anticipated, that apology is as close as we are likely to get to a real life “I’VE ABANDONED MY CHILD” moment.

Do you think that the (lack of) punishment fits the crime? Some additional details after the jump.

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Mommy Lawyer of the Day: Kaye Scholer Partner Leaves Bickering Kids

Madlyn Primoff Kaye Scholer mugshot.jpgMadlyn Primoff, a partner in the bankruptcy and business reorganization group at Kaye Scholer, left her two daughters by the side of the road in White Plains. According to the New York Daily News:

A prominent Park Avenue lawyer was arrested after cops said she got so angry at her young daughters that she kicked them out of her car - and drove off.

Madlyn Primoff apparently couldn’t bear any more squabbling between her 10- and 12-year-old daughters Sunday and booted them out of the car in White Plains, Westchester County, authorities said.

A threat doesn’t carry much weight if you’re not willing to back it up, right? A tipster quips:

So maybe I won’t apply to Kaye Scholer … if their partners are this crazy.

But the 12-year-old demonstrated the dedication required of a future Kaye Scholer associate. She ran after her mother’s car, caught up to it, and got back in. You can’t stealth layoff that kid!

Unfortunately, the 10-year-old went to pieces:

The younger daughter wandered around the corner to Mamaroneck Ave., where a good Samaritan spotted her in tears about 7:30 p.m., bought her ice cream and then approached a cop in a patrol car.

The officer described the girl as “very upset” and “emotional” in the police report.

More discussion — including information about Madlyn Primoff’s $2 million home in Scarsdale, and a reader poll — after the jump.

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Top Biglaw Stories of 2008: #5 (Business)

ATL 2008 in review.jpgWe’re doing a series of “2008 in Review” posts here at ATL. We’ve previously declared a Lawyer of the Year, as well as two three Law Students of the Year.

We will now announce what we view as the year’s ten biggest stories in law-firm land. We’ve divided them into two groups: the top five stories on the business side, and the top five stories on the gossip side. Collectively these stories reflect the combination of edification and entertainment that we seek to provide here at ATL. We’ll start with the #5 stories in each group and work our way up.

The year that’s about to end has been full of “business and the law” stories. Most of the news has been terrible. But it really hasn’t been all doom and gloom.

Our fifth-place story on the business end of the legal industry is objectively positive news. Read about it after the jump.

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Morning Docket 11.21.08

Muskasey alert and talking.JPG* Mukasey is going to be okay. He’s telling jokes and talking to the President. A GW doctor said “”The attorney general is conscious, conversant and alert.” [CNN]

* Do you feel sorry for sex offenders? The California 4th district court does. They ruled that Jessica’s law, a law that prohibits sex offenders from living within 2,000 feel of a school or park constitutes “banishment under another name.” [San Francisco Chronicle]

* “A U.S.-triggered spate of global carmaker-bailout proposals may spark trade disputes over whether the Americans are unfairly trying to subsidize their industry or just making up for state aid foreign rivals already enjoy.”[Bloomberg]

* Meanwhile, the EU’s antittrust chief says the EU should resist an auto-industry bailout. [Bloomberg]

* On Thursday, a federal judge ordered the release of five Algerian prisoners from Guantanamo Bay, Cuba. [Los Angeles Times]

* If you’ve been following Proposition 8, you may want to watch an upcoming gay marriage case that will be coming before the Iowa Supreme Court. [Iowa City Press Citizen]

Lawsuit of the Day: Failure to Help Drunk Teenager = Homicide?

utah negligent homicide big love.jpgHere’s a fact pattern: teen steals liquor, teen gets hammered, adult is called to help, adult drives teen home, teen dies, adult gets charged with… negligent homicide?

That’s the reality facing Candice Collard. The 24-year-old woman is being charged with homicide in Utah for failing to help Jess “Micade” Horrocks, 14, who died of alcohol poisoning this past April.

The charge seems especially harsh given that Utah has a criminal statute for failure to render aid. Uintah County Deputy Attorney Greg Lamb said that the homicide charge was warranted because Collard “failed miserably in several areas that could have prevented [Horrocks’s] death.” Lamb admits that his office is taking a “novel” approach to this case, which should make Collard feel swell.

Collard drove the teen 13 miles to Collard’s home instead of 2 miles to the hospital. Horrocks did not receive medical attention until the next day

In retrospect, obviously, Collard’s choice was unwise. But Collard neither procured the alcohol nor sat there and poured it down Horrocks’s throat.

This charge puts the perverse in legal incentives. When ineffective help puts you in danger of a homicide conviction, wouldn’t you rather roll the dice with a failure-to-render-aid charge?

The “go screw yourself, kid” attitude is something we’d expect out of the Bronx, but Utah?

Woman charged in boy’s alcohol-poisoning death [Salt Lake Tribune via Fark]

Summer Associate of Yesterday: Another Take on the Cradle Robber

Lolita Vladimir Nabokov.jpgOne of our favorite law professor bloggers, Stephen Bainbridge, chimes in on yesterday’s summer associate scandal story. His commentary appears here.

Our general view of the matter was summed up by a commenter: “Guys from my high school used to seal the deal with girls from college all the time. It was no big deal.” Professor Bainbridge begs to differ.

P.S. Same rules apply. Please don’t name any individuals in the comments — including, but not limited to, the summer associate, the college intern, or the associate who brought the SA’s conduct to the attention of the hiring partner. Thanks.

Advice for Young Law Firm Associates: Don’t Poop Where You Eat [Punditry - Professor Bainbridge]

Earlier: Summer Associate of the Day: The Cradle Robber

Update: Take our reader poll:

Summer Associate of the Day: The Cradle Robber

Lolita Vladimir Nabokov.jpg“Lolita, light of my life, fire of my law firm. My sin, my soul, my summer intern. Lo-lee-ta: the tip of the tongue taking a trip of three steps down the palate to tap, at three, on the teeth. Lo. Lee. Ta.”

Now that summer associate programs are over, and most summers have offers safely in hand, it’s a good (read: safe) time to dish about SA scandals. If you have a story to share that we haven’t previously covered, please email us.

Here’s one story that is making the rounds. We’ve omitted the firm name because the summer class was not very large. Per our usual rules, please don’t name the summer associate (or the college student) in the comments.

After a firm-sponsored event, a college student interning at the firm went out for drinks with several summer and full-time associates. She was not old enough to be drinking.

The college intern, in a state of inebriation, left the bar hanging all over one of the summer associates (hereinafter “The Cradle Robber”). Later that evening, the Cradle Robber wrote an email to several associates, claiming that “the deal was sealed” with the college intern.

An associate forwarded the email to the hiring partner. The Cradle Robber did not receive an offer.

Read our take on this series of events, after the jump.

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Lawsuit of the Day: That’s One Mean Choir Teacher

kick butt kick ass AboveTheLaw Above the Law.jpgKids these days just have no respect for teachers. Third-graders hatch murder plots against them. Some students get all litigious when branded with crosses or when they suffer permanent hearing damage. I bet teachers miss the good old days when they could call their students ugly and bratty, and give them a quick kick to the rear without fear of a lawsuit.

Those days are over. From the San Diego Union-Tribune:

According to the lawsuit, [Mount Miguel High School choir teacher Heather] Hargett had picked several groups of students to deliver the singing grams and “intentionally excluded” [freshman Jade Ray]. The 14-year-old asked why, and Hargett answered that she “looked bad” and had no choir T-shirt.

Jade asked whether the T-shirt really cost $15, and Hargett told her to leave the class, the lawsuit said. When Jade asked if she was serious, Hargett said that if she couldn’t afford a T-shirt, she had to leave. The teacher called Jade a “brat” and “ugly” and kicked her, the lawsuit said. The kick landed on her buttocks, [attorney John] Gomez said.

This sounds like the kind of exaggerated story that kids tell their parents when they hate their teacher. But Jade says it happened in front of 50 other kids. If so, that is, like, totally embarrassing. It looks like a jury gets to decide if it’s $75,000 worth of embarrassment.

Student files suit vs. teacher [San Diego Union-Tribune]

Sandra Day Gets Her Game On

The legal and tech blogs are abuzz with the news that retired Supreme Court Justice Sandra Day O’Connor is diving into the gaming world. From Wired’s Game Life blog:

Delivering the keynote address Wednesday at the annual Games For Change conference at Parsons the New School For Design, O’Connor detailed a project she is spearheading called Our Courts, which she described as an “online, interactive civic education project for seventh- and eighth-graders” that familiarizes students with the legal system. O’Connor believes that America’s youth aren’t learning enough about civics, and thinks that the educational power of videogames is just the thing to change that.

“Only one-third of Americans can name the three branches of government,” O’Connor said, “but two-thirds can name a judge on American Idol.”

Executive, legislative, judicial — boring! Crazy tales of Paula Abdul molesting Idol contestants — exciting! We hope SOC realizes there needs to be an excitement factor if she wants to engage the kiddies. With this in mind, we suggest the following for the video game cover:
Grand Theft Auto Jury.jpg

Sandra Day O’Connor: Game Designer [Wired]
Former Supreme Court Justice Switches to Video Games [Slashdot]
In Surprise to Herself, Justice O’Connor Makes Foray Into Digital Gaming [WSJ Law Blog]