Above the Law

Recent Headlines from Above the Law

 

Kim Kardashian

* First things first, she’s the realest: In light of the ongoing situation in Ferguson, Missouri, of course Justice Ruth Bader Ginsburg acknowledged that we have a “real racial problem” in America. [National Law Journal]

* Cooley Law has experienced legal troubles over its job stats for the past few years, and a great deal of it has been handled by Miller Canfield. It raked in almost $1M from the school from 2011 to 2012. [Am Law Daily]

* Yesterday, a federal judge in Florida struck down the state’s ban on gay marriage as unconstitutional. The latest opinion is one of nineteen in favor of marriage equality. The decision was stayed, but yay for Flori-duh! [CNN]

* Half of Concordia Law’s third-year class will not be returning to school this fall because they’d rather wait to receive word on whether the school will be accredited than waste more of their time there. [Boise State Public Radio]

* Thanks to JudgmentMarketplace.com, a dentist was finally able to collect on a a years-old default judgment against Kim Kardashian — but only because a lawyer bought it from him. [WSJ Law Blog]

Have you ever received a bad review? Like a really, borderline mean, “oh s**t I’m gonna get fired” review? I hadn’t until I started working here. And now my bad reviews are all over the internet. That was disconcerting for a day or two. But then I learned that rum never turns around and attempts to evaluate your performance.

Of course, my reviews don’t come from the people I work for. Lalalalalalala, I can’t hear you over the sound of all of these clicks. And I’m not running for office. If I was applying for elected office, and the negative reviews of my former employers were posted on the internet, I’d be… well, I’d be this guy…

double red triangle arrows Continue reading “State Attorney General Candidate Described As ‘Train Wreck’ By His Former Law Firm Evaluators”

* Judge John D. Bates wrote a letter to the Senate Judiciary and Intelligence Committee leadership “on behalf of the Judiciary” explaining why it’s important to keep FISA an opaque Star Chamber. Chief Judge Kozinsky, um, disagrees with that “on behalf” part, and calls out Judge Bates in this letter for mouthing off where he has absolutely no authority. [Just Security]

* The twisted, contradictory, desperate logic behind Halbig. In GIF form!!! [Buzzfeed]

* Two InfiLaw schools, Florida Coastal and our Twitter buddies at Charlotte, are offering refunds to students who perpetually fail the bar as well as a refund to students who don’t get clerkships or externships. That’s nice. A whole $10,000 for failing the bar twice and $2000 for not landing a position. Don’t bother comparing that too how much the students shelled out for their degrees because it’s too depressing. [JD Journal]

* Do you want to know how to survive Biglaw? [2Civility]

* Interesting advice on how to best take advantage of the more informal rules of mediation — let your clients build the narrative. [Katz Justice]

* Judge gives a speech and suggests a woman should become a phone sex operator. That’ll work out well for him. [Journal Gazette]

* Maybe we should be getting law degrees as undergrads? That way we might have minors that employers will care about. [Chronicle of Higher Education]

* Geez, lots of judges in trouble today — here’s an elected judge accused of lying about where she lived to get elected. She denies it, but her filings list three different addresses. Oops. [Times-Picayune]

In Ferguson, Missouri, outrage over the shooting death of teenager Michael Brown roils on.  Attorney General Eric Holder visited Ferguson yesterday, promising Brown’s family and the concerned public that a federal investigation would ensure justice.  If Darren Wilson, the white police officer who shot and killed Brown, willfully deprived the young black man of his constitutional rights to be free from unlawful deadly force, Wilson could be convicted under federal civil rights law, in addition to any possible state charges.

Much of the outrage over Brown’s death is rooted in the belief that Wilson responded to Michael Brown as he did because of Brown’s race.  The case calls up a painful history of racist white men murdering black men under color of law.  I don’t dispute the existence of that history, and I humbly acknowledge that, as a white woman, I will never feel the same pain associated with that history that black men and women will.  Even so, I wonder about what in this particular case leads so many observers to conclude that racism obviously caused Wilson to shoot and kill Brown — not simply to conclude that Wilson was unjustified in his use of force for non-race-based reasons, or to be suspicious of the circumstances surrounding the use of force.

How could we distinguish a set of facts where a white police officer improperly kills a black teenager without racial bias from one where a white officer improperly kills a black teenager because of racial bias?  Do we have a picture of criminal violence by a white officer against a black teenager that is wrong, but not wrong for any reasons that involve race?

double red triangle arrows Continue reading “Can We Picture A White Police Officer Murdering a Black Teenager Without Race Being a Factor?”

Facts enjoy mythical stature in our society. In a diverse community with many competing and often conflicting views, facts ring out with a promise of objective clarity. You are entitled to your opinions, but not your own facts. I’m sure you’ve said that/had that said to you.

Facts are bullshit. A skilled lawyer can turn a competent eyewitness into a blathering idiot. A skilled rhetorician can make facts dance on strings for the amusement of the masses. I come to bury Caesar, not to praise him. Fact.

Truly objective facts are few and far between. Evolution is what happened. Annie is not okay. Light travels at 299,792,458 meters per second. Much beyond that, who can say? People like to say, “Let’s wait for all the facts to come out.” What they are really saying is, “Let’s wait for additional information that I can fit into my preconceived world view.” There have been studies about this. If a “fact” doesn’t fit into a person’s standing world view, that fact is likely to be ignored and have no impact on the person’s judgment.

Don’t believe me? Take a look at the video of Kajieme Powell getting shot to death in St. Louis. You’ll remember Powell as the alleged “knife wielding” crazy man who seemed to be trying to commit suicide by cop when St. Louis PD eagerly obliged. Tell me what you see…

double red triangle arrows Continue reading “​The Road To Injustice Is Paved With Facts, Evidence, And Witnesses”

The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.

How tech savvy are you? Take this Challenge and find out!

(This challenge is brought to you in partnership with our friends at CredSpark.)

Take the Legal Technology Basics challenge here.

Kristina Marlow

Ed. note: This is the latest installment in a series of posts on lateral moves from Lateral Link’s team of expert contributors. Kristina Marlow is a Director with Lateral Link’s D.C. office who brings almost 20 years of experience in the Washington legal market to her work with associate and partner candidates. Prior to joining Lateral Link, Kristina spent a decade at Gibson Dunn, first as a litigation associate and then as the D.C. office’s hiring manager. A Michigan native, Kristina earned her J.D., cum laude, from Georgetown University Law Center’s evening program and a B.A. in Journalism from Michigan State University, where she was named “Outstanding Senior.” She also worked as an appellate clerk, as an economic analyst for the federal government, and as a reporter for the Chicago Tribune.

More than a third of the almost six thousand mid-level associates who responded to The American Lawyer’s most recent survey reported that they use social networking tools for job-related purposes, more than ever. Of that third, 94% said that they use LinkedIn, “the one social network most lawyers feel most comfortable in using,” says Glen Gilmore, a lawyer and social media expert who ranks near the top of the Forbes list of “Top 50 Social Media Power Influencers.”

But many of the attorneys who join LinkedIn do so because they are “supposed” to have an online presence, and they appear reluctant to be fully committed members. Their LinkedIn contacts languish in the double (or even single) digits. Their pages do not have a professional picture (or, often, any picture at all). And their profiles lack enticing headlines that capture who they are and summaries that provide a synopsis of what they do…

double red triangle arrows Continue reading “LinkedIn for Dummies Lawyers
More Associates Are Using LinkedIn, But Not Well

We were facing increasing financial pressure. So we undertook a substantial restructuring, and that restructuring put us on a solid economic and financial footing, allowing us to do a combination to meet our strategic needs.

Many if not most of the U.S.-based law firms in the 350 to 600 or 700 lawyer-range are feeling a great deal of financial pressure. We felt it more than many because we had a number of very large cases—totaling, at the end of the day, nearly $80 million of a $330 million budget—settle and wind up through normal course. That dramatic decline in revenue exacerbated the pressure on us, but the financial pressure on all law firms today are very significant.

Ed Newberry, co-managing partner of Squire Patton Boggs, explaining in an interview with David J. Parnell of Forbes, why he led the charge to a Biglaw mega merger with Squire Sanders as managing partner of Patton Boggs.

Almost a month after ExamSoft treated us to the biggest bar exam disaster ever, they’ve issued an apology. Well, that’s something. One would have expected this within hours of the debacle that the Internet dubbed #Barghazi. Maybe it was written in July and it’s just taken this long for the ExamSoft software to load it up.

Despite calls that ExamSoft needs to bite the bullet and refund student money over this mishap and pending legal claims, ExamSoft is content to offer a straight-forward “oops, our bad,” and carry on like nothing ever happened.

Is this apology enough? Do the victims of this snafu deserve more?

Are all of you just overreacting?

double red triangle arrows Continue reading “ExamSoft Finally Apologizes For Botching The Bar Exam (Refunds Not So Much)”

Bruce Stachenfeld

There – I always wanted to write an article that had such a strange title that people would look at it and wonder what I was talking about. So here goes….

Everyone just loves to beat up on the big law firms. I keep reading articles everywhere that say:

They are overpriced.

They are inefficient.

Their partnerships destroy innovation.

They are terrible places to work – sweatshops – associates are worked to death until they quit.

Their business model is broken.

There was even a book that came out a year or so ago with a great title, The Lawyer Bubble: A Profession in Crisis (affiliate link). To me the book described the law business as part of a dying profession that is enmeshed in a conspiracy to ruin the lives of all in it — except the fat-cat senior partners at the top of the pyramid. I admit I read it a while ago and it is a bit hazy in my mind, but the author, a former Kirkland & Ellis partner, clearly is not a fan of the current state of Biglaw….

double red triangle arrows Continue reading “Reinventing The Law Business: An Ode to Large Law Firms”

  • Fall 2013 OCI Schedule

    from the firm

    8/5: University of California, Berkeley
    8/14: Washington University
    8/16: Harvard Law School
    8/16: University of Michigan
    8/19: John Marshall
    8/20: University of Colorado, Boulder
    8/22: Northwestern University
    8/23: Loyola University
    8/29: University of Chicago
    9/3: University of Denver, Sturm College of Law
    9/3: IIT Chicago-Kent
    9/10: University of Illinois at Urbana Champaign

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