On our recent post about bonuses at Bingham McCutchen, some commenters complained about our coverage of the firm. Here’s what one said: “What this article fails to mention is that NO ONE made their hours, it’s THAT slow. Good job, ATL, for eating whatever it is Bingham pays you to NOT report [on bad goings-on at the firm].”
Actually, we’re perfectly willing to report on negative developments at Bingham (or any other major law firm). Just email us or text us (646-820-8477), and we’ll investigate.
There’s certainly a lot to cover over at Bingham: tumbling profits, partner departures, and unfortunately timed staff layoffs. We’ve collected some reporting from around the web, which we’ve combined with inside information from ATL tipsters at the firm. Let’s have a look, shall we?
In last week’s column, I discussed the importance of external communication during the mediation process in securing a favorable result for a client. Many of the people who wrote to me as a result of last week’s column agreed with my general premise that mediation is an important skill for the contemporary litigator, and that mediation’s importance will only continue to grow.
A primary driver of that growth will be the continued desire of clients to reduce litigation costs. More and more, clients are recognizing the value of mediation as a means of resolving disputes early and with certainty. Accordingly, those same clients are looking to their outside counsel to guide them through the mediation process, and it is safe to assume that how outside counsel fares at that task could be a crucial factor in terms of a client’s willingness to send that lawyer more business….
David Boies: just one great lawyer among many at Boies Schiller.
What comes to mind at the mention of Boies, Schiller & Flexner? Perhaps the legendary named partners — David Boies, Jonathan Schiller, and Donald Flexner — or perhaps the legendary bonuses, which last year went as high as $300,000.
But there’s much more to the firm than that. Even though BSF is most famous for its litigation work, it has a sizable and well-regarded corporate practice, for example. And even though its biggest presence is in the state of New York, with offices in Albany, Armonk, and New York City, the firm has several other outposts — including a growing and high-powered presence in Washington, D.C.
Boies Schiller has been adding some impressive new talent to its D.C. outpost. Last week, the firm welcomed a leading litigatrix. Let’s learn more about her, shall we?
Mediation. For some lawyers, it is a great way to spend a day; for others, it is an interminable bore, and ineffective to boot. It is easy to imagine that lawyers who have had successful mediation experiences are more likely to fall into the former category than the latter. What is more certain, however, is that mediation skills are increasingly important for a litigator to have, for a number of reasons. Unfortunately, most lawyers, especially Biglaw attorneys, are left to fend for themselves when it comes to developing those skills. That is a shame, as the importance of being able to mediate successfully has only grown in today’s business climate. More generally, negotiation skills remain under-taught in law schools and by law firms, and as a result are underdeveloped in many lawyers.
Any chance a lawyer has to develop their mediation skills should be seized. As an intellectual property litigator, all of my cases originate in federal district courts, and throughout the country, almost every case schedule includes mediation (or some other form of alternative dispute resolution) as a distinct event. Where on the schedule the mediation occurs, and whether it is held before a magistrate judge or local certified mediator, is usually up for negotiation between the parties. What is important is that mandated mediation is on the schedule. As a result, just as litigators need to know how to handle a discovery motion in a particular court, so should they be prepared to make the most out of whatever mediation process their case calls for. Interestingly, mediation has become an important part of appeals as well, including at the U.S. Court of Appeals for the Federal Circuit, a familiar forum for patent litigators like myself….
Some large law firms, when announcing year-end associate bonuses, also announce base salaries for the new year. In Biglaw, the salary scale hasn’t budged since January 2007, when Simpson Thacher announced the $160K scale (providing for base salaries ranging from $160,000 for first-year associates to $280,000 for eighth-year associates).
You could view this as a compensation cut, since we have had some inflation (even if not high inflation) since 2007. According to the inflation calculator of the Bureau of Labor Statistics, $160,000 in 2013, the latest year available, had the same buying power as $142,407 in 2007. Of course, law school tuition has climbed quite a bit since 2007 — so even for the lucky souls who land Biglaw jobs, the value proposition of a law degree isn’t as appealing today as it was back in 2007. You’re paying more for a degree that gets you less.
What’s the solution? Work for a firm that will pay you more than $160,000 as a starting salary, of course! Let’s say hello to the newest member of the $160K-Plus Club….
Why did we expect fireworks from discovery? Because of the lurid nature of Marchuk’s allegations, including severe sexual harassment and (effectively) sexual assault, and because of the Faruqi firm’s aggressive response, which included suing Marchuk for defamation and claiming that it was Marchuk who was obsessed with Monteverde.
But it wasn’t just another “he said, she said” type of situation. Both sides claimed that third-party witnesses and contemporaneous documents would corroborate their respective and conflicting accounts.
Discovery is now underway in the case. Witnesses have been deposed, and documents have been produced. What kind of portrait do they paint?
Justice Scalia is kind of a troll sometimes. He routinely snarks out his fellow justices and is a total dick to legal luminaries like Judge Posner. His belligerence is drenched in sarcasm and usually arbitrary.
In a sense, Antonin Scalia is ATL’s spirit guide.
But when he went after an attorney appearing before him, he got immediately chastised by a fellow justice and raised the ire of even conservative commentators.
In this instance, I’m going out on a limb and say Justice Scalia was absolutely, positively, 100 percent right….
Sometimes, there is a baby in the room. A real one, usually in the arms of a nervous mother. Because it is Brooklyn, still as diverse a place as there is in the world, the baby might be black, brown, white or yellow. It does not matter. What matters is that there is a freaking baby in the room. I am blessed with four children, all ten and younger, and am the oldest of five, so I am not one of those people for whom children are curiosities best viewed at distance. Even so, there is something surreal about having a baby in the room while I am manning an office at the Brooklyn Family Court for a few hours once a month, trying to help a beleaguered parent make sense of the chaos inherent in their involvement in an adversarial proceeding involving their child. But I, like my fellow volunteers from in-house legal departments, Biglaw firms, and solo practices around New York City, soldier on. And come back, month after month, in the hopes of helping one more person deal with their (literally) intimate and emotional legal issues. In my case, I have been coming back since late 2006. I plan on continuing for as long as I have the strength and the program remains in place.
I am not looking for recognition. If this column motivates someone to dedicate themselves to a pro bono project that they can believe in, that would be great. To be honest, I did not even think about doing pro bono for many years, for all the typical reasons. I was still too junior, too busy, too unable to commit myself to a project that could potentially conflict with my billable matters. While I respected my fellow Biglaw associates who involved themselves in the usual Biglaw pro bono fare — e.g., asylum issues, wrongful convictions, and the like — I was never moved to action. But that changed in 2006, when Greenberg Traurig, in conjunction with some large corporations and other Biglaw firms, announced that it was partnering with the New York City Family Court to start a volunteer-attorney driven program to assist self-represented litigants trying to navigate the hectic, crowded, and extremely fast-paced Family Court system. A system that is challenging for even the most hardened attorneys, but where 95% of the litigants choose, mostly because of financial reasons, to go without a lawyer until one is provided for them. Put simply, help was (and continues to be) needed….
Until last month, my entire legal career had been spent at large law firms. With a pretty specialized practice focusing on intellectual property, mainly patent litigation. And until last month, I never really needed to hire a lawyer, with one exception. Thankfully, it was for a good reason, to help me close on my house.
Which my lawyer handled with aplomb, so I am happy to recommend him if someone needs a good generalist solo based out of New York City. Even though my general tendency is to try and learn everything I can about something, when it came to buying a house, I really wanted nothing more than to have someone else deal with all the legal stuff. The fact that I was up for partner, and working pretty hard at my Biglaw firm that year, contributed to making me a “just get it done” type of client. Because I trusted my lawyer, and he demonstrated competence and responsiveness, I never needed to get out of that mode. We closed, I paid, and life went on.
I paid happily, and very quickly, because I had engaged someone to provide a service, and saw the results in a timely manner. Even though it was not a complicated transaction by any means, and I probably could have handled it myself, I valued my lawyer’s contribution and thus was happy to pay. I appreciated the small touches — like being handed a binder with copies of all the signed closing documents right after the closing. At the same time, I never really got engaged in the process enough to care to learn about it.
Comparing the experience I had then to my typical patent matter, the difference is stark….
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: firstname.lastname@example.org.
Things have changed recently in Korea – a few of our US and UK client firms are looking, very selectively, for a lateral US associate hire. Until just recently, there was not much hiring like this going on in Korea, since US and UK firms started opening offices there. We have already placed two US associates in Korea in the past month at top firms. Most of the hiring partners we work with in Korea do not actively work with other recruiters.
If you are a Korean fluent US associate in London, New York or another major US market, 2nd to 6th year, at a top 20 firm, with cap markets or M&A focus (or mix), or project finance background, and you are interested in lateraling to Korea to a top US or UK firm, please feel free to reach out to us at email@example.com or firstname.lastname@example.org. Our head of Asia, Evan Jowers, was just in Korea recently, and Evan and Robert Kinney will be in Korea in a few weeks. We are in the process of helping several firms open new offices in Korea (a number of which are interviewing our partner level candidates) and also helping existing offices there fill openings.
Professor Joel P. Trachtman has developed a unique, practical guide to help lawyers analyze, argue, and write effectively.
The Tools of Argument: How the Best Lawyers Think, Argue, and Win is a highly readable 200-page book, available for about $10 in paperback or e-book. Chapters focus on foundational principles in legal argument: procedure, interpretation of contracts and statutes, use of evidence, and more. The material covered is taught only implicitly in law school. Yet, when up-and-coming attorneys master these straightforward tools, they will think and argue like the best lawyers.
For most attorneys, time spent managing the books is a necessary evil at best. Yet it is undeniably a crucial aspect of running a successful practice. With that in mind, we invite you to view or download a free webinar by Above the Law and our friends at Clio to learn how to better manage your finances.
Take this opportunity to learn what it takes to streamline your accounting and get the most out of your time. The webinar agenda:
● The basics of accounting for lawyers.
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● Steps to prepare your tax return for your firm’s income.
Do not miss this crucial chance to optimize your accounting practices. Save time and get back to billing!