Petitioner’s brief, unfortunately, was laden with obscure acronyms notwithstanding the admonitions in our handbook (and on our website) to avoid uncommon acronyms. Since the brief was signed by a faculty member at Columbia Law School, that was rather dismaying both because of ignorance of our standards and because the practice constitutes lousy brief writing.
– Judge Laurence Silberman of the D.C. Circuit, condemning a brief for an abundance of acronyms.
(More information — including the identity of the offending professor, and the full opinion — after the jump.)
And let’s not forget: the work can be very, very interesting. For example, imagine being the general counsel or another in-house lawyer at Apple — a company involved in two of the most high-profile litigation battles currently raging….
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.
The job seeker had done (almost) everything right: Graduated with honors from a top law school, clerked for an appellate court, practiced at an “A-List” firm, and then went to a government agency to top off his experience and make him partnership material. Imagine his shock when I advised him that landing a general litigation position in Biglaw now that he was 12 years out of law school would be tough without a book of business. After all, he had seen the “revolving door” in Washington; how could it be shut now, he wondered? I conceded that many attorneys in D.C. do move with ease between government and private practice, but that the ones he read about in the Washington Post were high-level officials who firms know will bring in business. “And I’m just a worker bee,” he acknowledged….
Today I continue to address some of the questions that I have received from you by email. Once again, I note that these are simply my personal views on the questions presented.
1. How do law firms assess job moves on a résumé, particularly when the moves were dictated by life circumstances (such as the need to follow a spouse into a secondary legal market)?
There is an unspoken belief amongst many recruitment professionals that a candidate who has moved around too often is a problematic candidate. Whether this is true or not, recruitment professionals view a fifth-year candidate who has already been at three firms as easily discontented. The thought then becomes — why would this candidate be happy at our firm? How are we any different than his or her previous employers? While candidates are often able to explain their moves (e.g., personal circumstances), recruiters then question the depth of experience that a candidate has had to date. Is a candidate who has stayed at one firm for five years more experienced that a fifth-year associate who has moved firms three times? In my experience, employers always favor the former candidate. Partners like loyalty and depth of experience, be it actual or perceived.
2. How long after graduation should an associate remain at a less than ideal job in a secondary market before submitting a résumé to a Biglaw firm in a more desirable location, such as New York or Chicago?
Ed. note: Please welcome our new legal technology columnist, Jeff Bennion.
My name is Jeff Bennion, and I am a new columnist here. I’m going to write all about how we should and shouldn’t use technology in our law practices.
I am a solo practicing out of San Diego. On top of my lawyerly duties, I get asked by lawyers to advise on all matters technical – from e-discovery to trial technology to law practice management. Usually I get brought in after people have tried and failed at something. I worked in a 200-lawyer firm, a midsized firm, and a three-person firm before going solo. I’ve written for Cracked.com on such topics as whether it’s a good idea for Amazon to sell books about knife fighting for beginners, the problems with the jury system, and, of course, the Batcave. I teach college paralegal classes.
One of the most common questions I get asked is, “How do I make my PowerPoints awesome for openings/closings/whatever?” Now, I’m a big fan of using technology in trial. I had a whole article written about all of my trial gadgets that compared me to Tony Stark. I remember how boring those hour-and-a-half classes were in law school, so I wouldn’t want jurors to sit through six hours of watching lawyers talk to witnesses for four days a week for several weeks at a time without breaking it up with some graphics or something.
The courtroom battle between Alexandra Marchuk and the litigation boutique where she once worked, Faruqi & Faruqi, rages on. As longtime readers will recall, Marchuk alleges that F&F partner Juan Monteverde sexually harassed her, in severe fashion, and that the firm’s leaders ignored his alleged misdeeds.
But no matter who wins in court, it’s possible to argue that the firm is ending up the loser. It has endured extensive bad publicity, and some of the resulting instability has apparently led to lawyer departures.
Who are the latest attorneys to defect from Faruqi & Faruqi?
Is there any case so awful that it compares favorably to nearly 20 years of warfare?
No. No, there really isn’t.
So when Quinn Emanuel’s John Quinn was quoted calling the Apple v. Samsung brouhaha “Apple’s Vietnam,” it ruffled a few feathers from the sort of people who still remember the Vietnam War as more than an inconvenience.
I love the smell of IP litigation in the morning! Smells like, victory….
That pesky expert witness is claiming that a AAA battery can’t injure your client as much as you claim. How do you undermine his testimony? Confronting him with strongly-worded questions informed by careful scientific research is one way.
Trying to electrocute him is another way.
Guess which one the lawyer chose in this case?
Oh, Watt the hell, I’ll spoil it, the lawyer tried to electrocute him….
The experience of leaving a Biglaw partnership to start a boutique law firm did not allow me to stop thinking about Biglaw. If anything, I think about Biglaw now more than ever. Because the very nesting grounds that I flew away from, IP litigation departments at national and international law firms, are some of my upstart boutique’s biggest competition for new business. And considering our experience with the first five or so cases that our firm has brought, our adversaries as well. Of course, I continue to work with Biglaw firms as co-counsel on some cases as well.
So I think about Biglaw. How it works, and most often how it fights patent cases. For over a decade I was a Biglaw-branded pugilist, and now that I am on the other side of the ring, I am forced to respect but try and beat the Mike Tyson’s Punchout-worthy cast of characters that Biglaw rolls out on behalf of its clients. There are not many Glass Joe’s in the bunch. Which makes it fun.
I would not have left unless I thought that my partners and I would be competitive — both with Biglaw and with the many quality IP boutiques that have come before us and continue to thrive. But as I think back on how IP litigation practice has changed just in the short amount of time that I have been practicing, I take comfort in the fact that the playing field between Biglaw and boutiques has been leveled across a number of fronts. Two areas in particular deserve focus….
If you are considering a virtual law practice, you know that many of today’s solo firms started that way. But why are established, multi-attorney law firms going virtual?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Reduces malpractice risk
Enables you to gather the best attorneys to fit the firm, regardless of each person’s geographic location
Leverages mobile devices and cloud technology to enable on-the-spot client and prospect communication
Transitioning in-house is something many (if not most) firm lawyers find themselves considering at some point. For many, it’s the first step in their career that isn’t simply a function of picking the best option available based on a ranking system.
Unknown territory feels high-risk, and can have the effect of steering many of us towards the well-greased channels into large, established companies.
For those who may be open to something more entrepreneurial, there is far less information available. No recruiter is calling every week with offers and details.
In sponsorship with Betterment, ATL and David Lat will moderate a panel about life in-house and we’ll hear from GCs at Birchbox, Gawker Media, Squarespace, Bonobos, and Betterment. Drinks, snacks, networking, and a great time guaranteed. Invite your colleagues, but RSVP fast, as space is limited.
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.