Legal Ethics

* The Oakland Raiders have settled their cheerleader lawsuit for $1.25 million. Here’s to a season of crippling losses! [SF Gate]

* The death of law schools requires observing the 5 stages of grief. It’s DABDA right? Denial, Anger, Bargaining, Debt, AGAIN! [TaxProf Blog]

* You don’t need permission to change careers… though many law firm hiring departments are giving their implicit permission to a bunch of applicants. [Forbes]

* Justice Kagan stopped in on her old stomping grounds at Harvard Law. [Harvard Gazette]

* LexisNexis went Hollywood with a shout out in the preview for the Veronica Mars movie. Hopefully they’ll remember the little people when they make it big. [Business of Law Blog / LexisNexis]

* So, law professors, how did you spend your summer vacation? Because this Stanford Law instructor spent it finding security flaws in an online educational platform. [Slate]

* A juror who wanted none of the jury process is ordered to serve a timeout. [Missouri Lawyers Weekly]

* It’s not as exciting as his Dating Game appearance, but here is a video of Chief Judge Alex Kozinski riding a carabao. Beyond the jump… [YouTube]

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Keith Lee

Last week I wrote about a complaint I heard from a client after they had been billed for two bottles of water served to them by their former lawyers at a meeting. I got numerous emails from people saying it was one of the most shocking behaviors that they had ever heard, the lowest of the low — a lawyer billing a client for a bottle of water that they had given to the client. When I wrote about it, it was the most egregious thing I had ever heard that a lawyer had billed to their client. But as a lawyer I know often says, “Take your expectations, then put even lower. Try the gutter.”

Less than a week later, there’s something worse in the news. A lawyer got sanctioned for his incompetent representation — then billed the sanctions to the client….

double red triangle arrows Continue reading “What’s Worse Than Billing A Client For Bottled Water? Billing Them For Sanctions”

Photo by: Bernal Saborio

Photo by: Bernal Saborio

In Mindset Matters: Lawyers That Lead Well Are Receptive to Change, I brought forward the view that business executives might be better equipped to lead law firms through the turbulent change facing the legal industry.

The Canadian Bar Association’s (CBA) recent recommendation that non-lawyers be able to own law firms underscores this view.

This CBA recommendation is refreshing when juxtaposed against the Texas State Bar ethics ruling stating that a Texas law firm may not use “officer or principal” in job titles for non-lawyer employees or pay profit-based performance bonuses. As Fred Headon, Assistant General Counsel at Air Canada and CBA President, urges:

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Sleep with the case files, Your Honor, and not with the interns.

For some judges, especially judges coming out of private practice, taking the bench means a better lifestyle and shorter hours. But other judges work hard — very hard.

Chief Judge Alex Kozinski of the Ninth Circuit is famous for his work ethic — and for how hard he works his clerks. Judge Mark Bennett of Iowa warns clerkship applicants, “I am looking for a clerk that is willing to work harder than they have ever worked in their life…. If they are one of those life must be balanced folks please don’t waste my time and don’t bother applying.”

Some chambers are well-equipped for long hours. They come with kitchenettes for cooking, showers for bathing (generally reserved for the judges), and couches for napping. And maybe more than napping….

double red triangle arrows Continue reading “Judges Of The Day: 2 Jurists Spanked For Having Sex In Chambers”

* Lawyer busted for impersonating a Transformer. On that note, what would be the best name for a Transformer lawyer? Atticus Prime? L-Woods? Paddotron, who transforms into a clock that only measures tenths of an hour? [Jonathan Turley]

* Did you think your studying for the MBE could have used more original songs as study aids? Well, if so, you’re in luck because there’s an app called Study Songs that sets legal rules to music to help you remember. [Bar Exam Toolbox]

* New York courts are getting more and more fed up with the lack of relief available when lenders flaunt the law. [New York Law Journal]

* We’ve talked about litigation financing in the abstract before, but how can litigation financing help injured workers specifically? [LFC360]

* A former U.S. Attorney pleads guilty to not paying his taxes for years. [Las Vegas Review-Journal]

* In sad news, Sher Kung — part of the trial team that took down the military’s “Don’t Ask, Don’t Tell” policy, and recently of Perkins Coie — was killed in a cycling accident on Friday. [Seattle Times]

If you’re going to steal millions from clients, at least make a good story out of it. Like blowing hefty sums on luxurious private air travel and wiring millions to casinos to cover gambling debts. Make it a rock star story right up until the very end.

Of course, it’s hard to imagine a lawyer successfully stealing millions. There are just too many checks in place to let it get that far. It felt like the only thing anyone needed to know to pass professional responsibility was to respect escrow accounts. You just make sure all the money you’re watching for your customers, consumers, lenders and employees is always accounted for. There’s inevitably more than one person handling the bank statements. It’s just hard to lose millions.

Nonetheless, one law firm with offices around the country thinks it’s discovered more than a minor problem in its accounts. In fact, it just filed a lawsuit against its former managing partner, alleging that he siphoned off a cool $30 million from client escrow accounts to live like a proverbial rock star….

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Isn’t discovery fun?

Attorneys can pretty much be broken down into two categories — those who have experience with doc review, and those who have been lucky enough to avoid it. But, there will be a point in the not too distant future when the latter group will become the ultra minority. I have been preaching for years now to attorneys: “Woe unto you who fails to understand the importance of metadata.” When I am consulting with attorneys on tech issues, be it trial technology related, practice management related, or e-discovery related, I always get a large portion of attorneys who tell me (usually with their eyes), “Look, son, I haven’t needed this is the past, I don’t need it now, and I’ll never need it. Change is bad.”

Finally, I have some authority to back me up….

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* The Minnesota Republican party banned their own candidate for Supreme Court from the State Fair. I just feel bad that she’ll never know who won the prize pig competition. [Minneapolis Star-Tribune]

* Lawyers are narcissists and that’s not good for their careers. [Law and More]

* A writer figures out that American University’s Law School is a trap. [Washington City Paper]

* Disturbing video of a judge ordering the illegal assault and arrest of a disabled, indigent litigant. The fact that this is the second “judge assaults a litigant” incident I’ve written about in a week is terrifying. [Sacramento Family Court News]

* Steph Cha’s new tale of old school noir, Beware Beware (affiliate link), is now available. Its setting is “a picture of desolation, of crushed dreams dressed in grimy fourth-hand garments.” And yet, somehow she’s not talking about the last days of Dewey. [LA Times]

* If you’re doing some kind of charity, do us a favor and shut up about it. [What About Clients]

* A Connecticut lawyer was barred from ever representing women again for the rest of his career. Now he may be disbarred for breaking that simple condition. [ATL Redline]

* A Maryland judge ordered a court officer to deliver an electrical shock to a defendant. What the hell? [Baltimore Post-Examiner]

* Be less of a lawyer. [Medium]

* New York agrees to pay out $10 million to wrongfully convicted man. He may be gone, but former D.A. Charles Hynes is still costing the city money. [New York Times]

* Sentence requiring former Supreme Court justice to write apology letters to every judge in the state on a picture of her in handcuffs struck down as “unorthodox gimmick.” Now she has to write the letters on regular paper because apparently the apology letter part was an “orthodox gimmick.” [Penn Live]

* The public domain is awesome. [Clickhole]

* Lawyer accused of asking office manager if she wanted a “Dirty Sanchez.” Does anybody ever answer yes to that question? [Barstool Sports]

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….

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More Associates Are Using LinkedIn, But Not Well

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