Ah, the Bluebook. Some people love it, but even more people despise it. If you ask my colleague Elie Mystal about the Bluebook, he’ll tell you that it’s the only book in the world he’d actually consider burning in public. Even federal judges hate the Bluebook. In fact, when we held a poll about whether use of the Bluebook should be abolished, 51% of our readers agreed that it should be banished.
All that being said, is it any wonder that a student from a law school in Virginia is raging against the law review’s upcoming Bluebook exam? Several law students have written to us about this student’s “guerilla campaign” against the school’s annual exercise in “academic hazing,” and they have even provided us with copies of this kid’s manifesto. (Yeah, he’s got one.)
Who is this revolutionary, and why does he think the school’s Bluebook exam needs to go?
Over the last few years, the legal market has changed dramatically. We live in a buyer’s market in which the clients hold the upper hand and can demand financial concessions from their attorneys that go beyond lower hourly rates.
This good news for clients might sound like bad news for lawyers. If lawyers can’t charge as much, they likely won’t make as much. But although greater price competition might lower revenue for some firms, it surely presents an opportunity for others. Small law firms often compete with bigger firms on price, and increased client sensitivity to legal fees can be a marketing boon to firms that can undercut their competition (with the familiar caveat, of course, that the smaller firm must be able to provide the resources and quality required by the particular matter).
The changing market invites, if not demands, lawyers to offer concessions for clients. Happily, many of the concessions have relatively little impact on the firm’s bottom line, but can garner significant goodwill with clients. For example….
Where would lawyers be without open (and absurdly expensive) access to Westlaw and Lexis-Nexis for legal research? They’d have to trudge down to the closest law library and read real books made of paper. They’d have to head over to the courthouse and pull actual files with non-electronic documents inside of them. In a time where legal texts are used solely for decorative bookshelf purposes, that is just too much to ask.
But that is the behavior that two lawyers would expect of their professional colleagues. As we mentioned in Morning Docket, they claim that the legal database providers have been engaging in “unabashed wholesale copying of thousands of copyright-protected works created by, and owned by, the attorneys and law firms who authored them.”
Do they have any chance of winning their class action copyright suit?
The great thing about free stuff is that it is free. Nobody cares what kind of plastic junk they’re getting as long as it’s free. Why do sports fans go nuts over t-shirt cannons, even though the shirts are ugly as hell and always XXL? Duh, because they’re free.
To me, it seems logical that no one has any right to complain when free stuff is taken away, or when it turns out to be a major letdown.
If you want a crummy T-shirt so badly, go buy one. If you want to go to Starbucks, don’t complain that your aunt Maggie didn’t give you a big enough gift card for Christmas. Just go buy your coffee.
Judging from a recent LexisNexis online promotion geared toward law students, though, it seems I might be in the minority. On its Facebook page, Lexis has been advertising “challenges” for law students. Supposedly, the first 1,000 students to complete each challenge win 1,000 “Lexis points,” which are similar to credit card rewards points.
Tragically, some computer problems caused students to have trouble accessing and submitting their answers earlier this week. A tidal wave of law school students became enraged and took to Lexis’s Facebook with their fury. Woe to he who angers law students….
Let me tell you about a couple of cases I lost. Now, wait: before the Commentariat sharpens its knives (“This guy couldn’t get a big-firm job, then loses all his cases. No wonder he’s writing for ATL. Heh.” — Guest), let me point out a few things. In 17 years as an employment litigator, I’ve won plenty more cases than I’ve lost. But I didn’t learn as much from the cases I won; I learned much more from the ones I lost.
So this post covers the single most important lesson I’ve learned in litigation, and now I’m sharing it with you. You didn’t learn it in law school, and you’re not likely to find a CLE on it. But the lesson these two cases illustrate can prevent you from making the most common mistake lawyers make.
And learning that lesson will help you win more cases.…
[N]eedless to say, I have not read the nineteenth edition. I have dipped into it, much as one might dip one’s toes in a pail of freezing water. I am put in mind of Mr. Kurtz’s dying words in Heart of Darkness — ‘The horror! The horror!’ — and am tempted to end there.
— Judge Richard Posner, in a scathing Yale Law Journal review of The Bluebook: A Uniform System of Citation (19th ed.).
Although no accredited law school offered night classes, public interest did not require granting of accreditation to law school offering night classes, absent a sound operation, because there was no compelling need for additional law graduates.
Over the next year, LexisNexis is rolling out a completely redesigned research platform, and guess who they’re starting with? From the press release that came out Tuesday:
LexisNexis… today announced the launch of Lexis® Advance for Solos – the first in a series of releases of new Lexis® Advance online legal research tools. Created through close collaboration with solo practice lawyers to meet their unique requirements, Lexis Advance for Solos is the first online legal research solution built specifically for solo attorneys…
That’s right. They’re starting with solos. Maybe we don’t need to worry so much about advancing the small firm agenda after all? Perhaps, but I suspect that the real answer is that solos represent the market where Lexis has the most to gain.
But, let’s not quibble over why it’s here. It’s here, and I got a sneak preview of the new product Monday morning. Said “peek” was actually a LexisNexis-led tour via Microsoft’s Live Meeting, so read this with the caveat that I didn’t have a chance to truly kick the tires.
Dubbed Lexis® Advance for Solos, the product went live for purchase on Monday, October 4, and is available only for one and two lawyer outfits. Future segments of the new Lexis Advance platform, including those specifically for Biglaw and even for paralegals, will roll out over the course of the next year, but who cares? Solos have the floor!
My thoughts on the new product, sample screen shots, and pricing, after the break…
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@example.com.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
If you think most legal technology misses the mark, LexisNexis Firm Manager® wants to change your mind. Read more about it here.
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When Chintan Panchal decided to leave a global BigLaw partnership to start his own firm, he could only hope that he would face the high-quality problem of firm building that many had cautioned him about. Focused on the uncertainty surrounding of a new firm launch, he decided to tackle staffing needs, IT challenges, and financial planning requirements after he had built up his legal practice.
Panchal Associates LLP–a corporate/finance and outside general counsel boutique–was quickly off to a great start. Clients and matters were flying in the door, and Chintan soon had a team of lawyers and staff with a variety of operational needs. To continue building an excellent team and provide them with a competitive benefits package, to expand his physical presence to include a European practice and additional partners, and to scale his operations and IT capabilities to support this growing enterprise brought with it demands of time, money, and expertise. Chintan knew he needed help.
“With the assistance of NexFirm, we have upgraded the capabilities of our firm to meet, and in some cases exceed, the standards we were used to at our former BigLaw firms. Operationally, we can now attract and service clients we didn’t have the bandwidth to support in the past, and continue to build our team with the best and brightest legal talent in the industry,” said Chintan Panchal, adding “It has worked out quite well in our case; NexFirm is an essential partner for us.”
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