It's tough being a federal judicial nominee. Your entire legal career is gone over with a fine-toothed comb, and every mistake or misstep is brought to light, no matter how minor.

From the ABA Journal:

A lawyer nominated to a federal appeals court was lead attorney on an $8 million appeal that got tossed because the trial transcript was not filed by the deadline.

E. Duncan Getchell Jr. of McGuireWoods asked the Virginia Supreme Court to hear the appeal anyway, but the judges refused, the Virginian-Pilot reports. Getchell’s five-page brief did not explain the reason for the failure, except to say there was a “miscommunication or misunderstanding.”

Perhaps there was a misunderstanding about whether trial counsel or appellate counsel (Getchell) should have filed the transcript. From the Virginian-Pilot:

The fact that Getchell’s firm filed the post-trial motions three weeks after the verdict “kind of suggests the baton was passed,” said William S. Geimer, a professor emeritus at Washington and Lee University Law School who teaches civil procedure.

“It’s definitely the law firm’s responsibility,” Geimer said. “I don’t see any way for the law firm to escape responsibility if it was even partly or jointly responsible for the failure.”

Getchell did not return repeated calls to his office.

The Fourth Circuit has been shorthanded for a while now. And with the nomination of Duncan Getchell, that probably won't be changing anytime soon.

(Not necessarily because of this procedural snafu, but because Getchell's two home-state senators -- John Warner (R) and Jim Webb (D) -- don't seem to be backing his nomination.)

Costly Error Linked to 4th Circuit Nominee [ABA Journal via Blogonaut]
Error in major case tied to federal judge nominee [Virginian-Pilot via How Appealing]
E. Duncan Getchell Jr. bio [McGuire Woods]

We reminded you on Friday, but we fear our post got lost in the shuffle. If you're part of the plaintiff class in the Bar/Bri class action -- and since you're reading ATL, you probably are -- then the deadline for filing your proof of claim is this Monday, September 17. So if you want your $125 or so, you need to act now.

Is the settlement a good deal? We largely agree with this commenter:

That settlement is a disgrace. The plaintiff class was sold up the river.... But I’ll take the money and run.

Just like most of you (see poll results), we filed a claim, knowing that we're being undercompensated. And knowing that we're acting against the advice of The Legal Diva -- a named plaintiff in the case who now opposes the settlement. From The Recorder:

Loredana Nesci, a 2005 graduate of Quinnipiac College School of Law in Connecticut, said lead attorney Eliot Disner initially convinced her he'd built a strong case against BAR/BRI and would seek to break the company apart. "We were promised the moon and stars by Disner," she said.

But Nesci said everything changed after Disner's former firm — Los Angeles' Van Etten Suzumoto & Becket — was acquired by McGuireWoods.

"After that merger, I think that McGuireWoods took Eliot, gagged him [and now] he's in a basement in their firm, because I can't find the guy," said Nesci, now a practicing attorney based in Studio City.

It seems that the Legal Diva -- er, Ms. Nesci -- was right about Disner. Her "gagged in a basement" comment appeared in a February 2007 article. A few months later, in May 2007, Eliot Disner was fired by McGuireWoods (after he criticized the settlement).

For more on her Diva-ness, check out her website, which is a real trip. Her bio describes her past work as a police officer for the LAPD, explains how she earned the title of "Legal Diva," and boasts of how she was "quickly gaining notoriety for being a colorful and cunning attorney." It also mentions that she "enjoys working with feral cats," which sounds apropos for a Legal Diva. MEOW!

(See especially the super-cute testimonials from her clients, including Doug Smith, at right. We don't want to know what types of matters she handled for him....)

Bar/BRI Class Action Litigation [official website]
The Legal Diva: Loredana Nesci [official website]
$49M Disappoints Some in Lawyers' Class [The Recorder]

Earlier: A Friendly Reminder: The BAR/BRI Proof of Claim Deadline Is Monday!

As you may recall (from yesterday's Morning Docket), Eliot Disner is the McGuireWoods partner who criticized the settlement negotiated by his firm in an antitrust class action against Bar/Bri, the giant bar exam prep company.

Actually, make that "former McGuireWoods partner." From today's New York Law Journal:

Mr. Disner, who was a partner in the Los Angeles office of McGuireWoods, said the firm fired him May 23. "I was terminated because [McGuireWoods] said that my work on the BAR/BRI case had hurt the [firm's] reputation," he said. His concerns about the proposed settlement with West Publishing Corp., which offers BAR/BRI bar review courses nationwide, surfaced in an objection to the class settlement that was filed last week by three lead plaintiffs (NYLJ, May 21)....

A hearing before U.S. District Court Judge Manuel Real on whether the $49 million settlement will become final is scheduled for June 18. Mr. Disner's brief, which was not supported by McGuireWoods, argues that the firm ought to press for at least $400 million from West Publishing, as well as for the breakup of BAR/BRI.

We titled an earlier post about the settlement You Are Probably $125 Richer Right Now. But if Eliot Disner is right, maybe another zero belongs on the end of that figure.

Study questions: Is the Bar/Bri settlement fair? Or has Bar/Bri screwed us yet again?

Law Firm Fires Partner Who Questioned BAR/BRI Settlement [New York Law Journal]
Bar/Bri Class-Action Objector is Fired [WSJ Law Blog]
The Intrigue Grows in Bar/Bri Class-Action [WSJ Law Blog]
Lawyer Who Sued BAR/BRI Now Questions the Settlement [American Lawyer]

There were a few salary-related comments appended to our administrative post from yesterday. E.g., these comments about McGuire Woods.

So we figure we might as well create an open thread for such discussion. If you have any information or comments about compensation-related matters, please note them here.

Also, rest assured, we have not forgotten about the promised update to our earlier special report on clerkship bonuses. We're still waiting for a few pieces of information to come in (including verification of a rumor about Simpson Thacher). If you have anything to share, please email us (subject line: "Clerkship Bonus"). Thanks.

This news isn't as exciting as a holiday bonus or a pay raise. But it does mean that if you took the Bar/Bri bar review course between 1997 and 2006 -- hey, that includes us! -- you can buy a round of $12 martinis for you and a few friends.

According to a tipster:

According to the Los Angeles Daily Journal, the Bar/Bri antitrust class action settled for $49 million, to be paid out to 290,000 clients. Each client will get $125.

Bar/Bri also agreed to terminate a "co-marketing" venture with Kaplan as part of the deal. Neither defendant (Bar/Bri or Kaplan) admitted wrongdoing.

The plaintiff class is represented by McGuire Woods.

The full article, as reprinted in the National Law Journal, can be accessed here.

Update (12:30 PM): Information about how to claim your share of the settlement will appear here. Here at ATL, we're all about news you can use!

BAR/BRI monolopy class action settled for $49M [National Law Journal]
BAR/BRI Class Action Website [official site]

Remember Cristina Leeann Schultz, a.k.a. the Stanford Law escort? The federal government alleged that she "paid off more than $300,000 in student loans, [working] under the stage name of Brazil, a call girl who roamed the country to turn 'high-priced hottie' tricks."*

Perhaps Brazil -- er, Ms. Schultz -- is inspiring future generations of female law students to explore, um, other professional opportunities. Check out our latest summer associate story:

[A] summer associate at McGuireWoods in Richmond apparently was feeling unfulfilled by her list of assignments for the summer. So she headed down to the Paper Moon strip club for Amateur Night. For anyone who hasn't sampled Richmond's professional nudie scene, it's pretty terrible. I can only imagine the horror of amateur night.

Anyway, said summer associate -- I believe she goes to school at [redacted] -- got onstage, did her thing... and WON. Sadly, her secret remained safe through the end of the summer, and no one ever really found out.

Until now.

We congratulate this multi-talented law student. Any summer associate can throw on a pantsuit. But how many can throw one off?

So can you top that? We're still on the prowl for more silly summer associate stories. You know where to reach us.

* What, pray tell, is a "high-priced hottie" trick? Is this a term of art within the world's oldest profession?

Stanford Law Grad, U.S. Clash Over Cache of Cash [The Legal Reader]
Stanford Peers Empathize with Alleged Prostitute [The Stanford Daily Review]

Earlier: Low-Hanging Fruit: Summer Associate Stories, Please