A couple days ago on Twitter, I noticed Judge Stephen Dillard having a conversation with a few people about the validity of using Wikipedia as a reliable legal authority. I mentioned that I wrote about the topic back in 2011. But given the continued growth and reliance of the general public upon Wikipedia, I decided it was probably worth looking at again.
Years before Philadelphia’s National Constitution Center built the forty-foot high “Tower of Law” (or, as Stephen Colbert called it, “the building blocks of boring”) out of unused legal reporters, Lexis started the books’ march to obsolescence when it debuted on April 2, 1973. “Lexis,” a term the company’s president coined by combining the Latin word for law plus the letters “IS” for information systems, was the first widely available commercial electronic database for legal research. When it launched forty years ago, Lexis contained only decisions from Ohio and New York. Today, it provides access to nearly 5 billion documents, including cases from all state and federal courts, as well as notes written by law students that are still awaiting their first citation reader. This week, On Remand looks back at the history of Lexis, its rivalry with Westlaw, and its dispute with the maker of a car popular with attorneys . . .
I recently noticed a post by James Levy over at the Legal Skills Prof Blog about LexisNexis’s new “Think Like A Lawyer” program. The program aims to help law students be more prepared to work at a firm while they are summer associates. But as Levy points out:
“Apparently some employers have hired summer law clerks chiefly for the purpose of taking advantage of their free computer research access which until now has been a violation of the end user agreement. But Lexis is changing that with the announcement this week of a new training program called ‘Think Like a Lawyer’ that, among other features, gives 1Ls and 2Ls free, unlimited access to computer research over the summer which they can use in their jobs. That’s going to make it easier for at least some students to find summer clerkships especially with smaller firms where free Lexis access will add value.”
Firms using summer associates purely for free legal research?!? Say it ain’t so. But if that’s the case, just call it the “Free Legal Research Monkey” program and not “Think Like a Lawyer.” Because my knee-jerk reaction was: “Ugh, law school graduates actually need to think less like a lawyer….”
When times are tough for law firms, others suffer too. If a firm as prestigious and profitable as Weil Gotshal is conducting open and notorious layoffs, and rival firms are conducting stealth layoffs, rest assured that other creatures in the Biglaw ecosystem — technology vendors, legal recruiters, Mercedes dealers — are feeling pain.
Take media outlets that cover law firms. American Lawyer Media recently cut at least 35 positions from its editorial and production staffs, amounting to about 7 percent of headcount within those two groups. Kevin Michielsen, chief operating officer of ALM, said the layoffs resulted from the company’s shift to being a “digital-first” operation, not cost cutting. But considering that ALM labors under a nine-figure debt load, cost cutting might not be a bad idea.
But the Am Law layoffs pale in comparison to the cuts over at LexisNexis, at least in terms of raw numbers. The company didn’t provide numbers, but the estimates might surprise you….
* USDA requiring a magician to develop a disaster plan for his rabbit. I don’t think this is such a bad idea — have you ever seen Bullwinkle? [Lowering the Bar]
* The Middle Class is disappearing in the country. Why can’t we get a disaster plan for them like we have for that rabbit? [Lawyers, Guns & Money]
* Patton Boggs is rebooting. Just like when a TV show adds a long-lost cousin in season 8, this isn’t a sign of weakness at all. [Politico]
* President Obama, speaking of the Trayvon Martin case, notes: “There are very few African-American men in this country who haven’t had the experience of being followed when they are shopping at a department store. And that includes me.” See, he was uniquely prepared for the job of being followed by security guys EVERYWHERE. The difference, of course, is he knows these guys aren’t going to shoot him. [NBC Politics]
* A Miami firm is suing LexisNexis for “deceptive” fees. If they’re going to litigate this case, they’d better hope their Westlaw bill is paid in full. [Miami New Times]
* The reporter’s privilege had a bad day. After all that’s been revealed in the last couple months, let’s all agree it’s only newsworthy when the reporter’s privilege has a good day. [PrawfsBlawg]
Oh my, I can’t believe a major legal publisher is selling cheap-looking plaques for hilariously useless achievements. Actually, I can totally believe it.
I’ve never bought into the idea that lawyers need “credibility trophies.” Lawyers who festoon their offices with scores of plaques come across as desperate. Lots of plaques commemorate dubious achievements, and any colleague or client given a few minutes to examine the decoration will discover this and wonder, “Why did he/she hang this?” But sadly, much of the profession ascribes to the “plaques for plaques’ sake” mentality.
If an office must be adorned with memorabilia of legal achievement, frame the law school diploma, bar admission certificate(s), and any major achievements like being president of the bar association or something. These provide all the indicia of achievement a lawyer needs.
And nothing says “plaques for plaques’ sake” like a redundant plaque. Like a plaque that says, “If you didn’t notice the diploma on the other wall, this certifies that he REALLY did go to Harvard.”
F. Scott Fitzgerald once opined that there were “no second acts in American lives.” Similarly, Biz Markie once opined “’cause we all pick our boogers sometime every day.” If you’re already lost, allow me to explain. This is the story of a former Biglaw attorney and his second act. He and his friends started a website devoted to rap lyrics. The website annotates rap lyrics, and it’s this system of annotation that the founders of the website hope will take over the web (including legal research). The website was recently funded by venture capitalists, and the resulting hype has ping-ponged across the web at a pace so rapid that you’d be excused if you made like Steinski and wondered, “What does it all mean?” (affiliate link).
The interviews that have fed the myriad profiles of the site’s founders have been nothing short of entertaining. Just last week, Gawker was prompted to write a guide to the site, rapgenius.com, which managed to sound both condescending and wildly equivocating and which did nothing but illuminate the author’s squeamishness. This promises to not be like that. I don’t know if Rap Genius is going to be Wikipedia or Pets.com.
What I do know is that a Biglaw dropout just ganked $15 million from Marc Andreessen and wants to edge out Westlaw and Lexis (good luck with that).
Keep reading to find out where he went to law school and what firm he worked at. And if you want to see his shirtless YouTube diss track (no homo)….
In my humble opinion, there is nothing worse than billing time. Just think of the feeling you get when you’ve spent a day doing a million random tasks in your sad beige office, and you have no ten-minute entries to account for that day (i.e., you get no credit for a day spent at work doing work things). Not only is billing a pain, the practice of accounting for your time is even worse. While I was no better at it when I was at my Biglaw firm than at the small firm, the former had some software that would send me mean emails if I did not get my hours in on time. Oh, and there were scarier partners that would come after if me if I had a delinquent time report.
At the small firm, on the other hand, I was instructed to fill out time entries by hand, give them to my assistant to type into a billing program, review the print-out of the hours inputted by my assistant, and then send them off to the partner to review and approve.
I was less efficient at billing at the small firm than at my Biglaw firm. Not only did I lose precious ten-minute increments working with my assistant to bill hours, but I also worked on a minimum of four matters, and switching between matters meant less efficiency. And I suppose there are other things people do at small firms that they cannot bill for — like go get business or something?
* This is probably the grossest, most pornographic employment discrimination/sexual harassment/defamation lawsuit I’ve seen. Maybe fans of 50 Shades of Grey (affiliate link) might find it compelling. The writing in the lawsuit is probably better… [Courthouse News]
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?
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 seven years. You can reach them by email: email@example.com.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.
Whether you’re fresh off the bar exam or hitting your stride after hanging a shingle a few years ago, one thing’s for certain: independent attorneys who start a solo or small-law practice live with a certain amount of stress.
Non-attorneys would think the stress comes from preparing for a big trial, deposing a hostile witness, or crafting the perfect contract for a picky client.
But that’s nothing compared to the constant, nagging, real-life kind, the kind you get from the day-to-day grind of being a law-abiding attorney.
Connecticut plaintiffs-side boutique litigation firm (12 lawyers) seeks full-time associate with 2-4 years litigation experience, top tier undergraduate and law school education. Journal or clerkship experience a plus; highest ethical standards and strong work ethic required. Familiarity with Connecticut state court legal practice is preferred, but not required.
The firm handles sophisticated, high-end cases for plaintiffs, including individuals and businesses with significant claims in a wide array of matters. Our cases often have important public policy implications, and are litigated in state and federal courts throughout Connecticut. Representative areas of practice include medical malpractice, catastrophic personal injury, business torts, deceptive trade practices and other complex commercial litigation, and products liability.
Additional information can be located on our website, at www.sgtlaw.com.