Media and Journalism

If you’ve ever wandered over to Backpage.com and spent a few minutes reviewing the classified ads there, you probably realized that you had just discovered the seedy underbelly of the internet. Rife with ads for adult services — which is arguably just an elegant way of saying prostitution — the website, owned by Village Voice Media, has come under fire for its association with human trafficking.

Leave it to the company’s general counsel, Elizabeth McDougall, to take a stand for these scandalous online ads. After all, it’s great business! Backpage reportedly has a 70% market share for prostitution ads in the United States, generating millions in revenue.

This week, McDougall is taking additional heat from state attorneys general for her statements in an off-color op-ed column published in the Seattle Times. What could she have said that was so controversial?

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A large portion of the strenuous life of bloggers consists of cruising various news sites, looking for some tidbit ridiculous interesting enough to merit a couple hundred words. You do this long enough, and you wind up getting picky pretty quickly. So, last night, when I clicked over to Wired, it was surprising in and of itself that when I saw the following story I literally just stared at the screen, slack jawed, for close to a minute.

That’s how ridiculous this proposed legislation coming out of New York is. The only thing I can say is that if this bill somehow managed to become law, the Above the Law commentariat would not be happy at all…

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Sometimes when you don’t have a gym membership, you wind up being a gym grifter to get your workouts in, like Julia Neyman. Other times, you wind up half-naked on the pole in seven-inch heels, like Sarah Tressler — and then you get fired from your day job as a reporter with the Houston Chronicle.

Enter Gloria Allred. We know that Ms. Allred likes to represent women in high-profile, controversial cases, but this is by far her sexiest case in recent memory (both in terms of legal issues presented, and her client’s overall hotness).

Continue reading to find out more about a girl whose booty pops almost as much as her headlines….

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A retail business owner asked me why I don’t believe in pay-per-click advertising or spending money on SEO strategies for my practice, as it has worked well for his stores. So I asked him: “What would you do if you needed a lawyer?” “I would call someone, get a name, and then look that person up,” he said. “You wouldn’t just do a Google search?” “No, never. After I got a name, I would check out the lawyer’s background, maybe see if he’s written anything that gives him credibility.”

No kids, he’s not talking about cute tweets or postings with links on a Facebook Fan Page. He’s talking about real writing, and he’s talking about getting your name from real people.

Now I know that I’m wrong, don’t know what I’m talking about, and am facing a sure death of my practice by suggesting that there are other ways of getting your name out there besides vomiting all over every social media platform, but it’s okay. When it all dries up, I’m sure I will have plenty of job offers from the wildly successful lawyers of the commentariat.

For those wondering if the life of a lawyer will ever be anything more than keeping track of your Google prowess by taking calls of, “I found you on the internet. How much do you charge?,” I have good news — it can be. There are actually real people out there that are looking for quality. It’s not that they found you first; it’s that they found you after a little research. If you’re going to be the type of lawyer that is found after someone gives your name, you might as well have something on the internet that evidences you have done more than just listen to some unemployed lawyer’s advice on building a practice.

My ideas are all free, and if you’re not afraid to use your real name, you may get some benefit from using them….

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That’s the question the WSJ Law Blog just asked about the [pick your favorite adjective: beleaguered / collapsing / flailing / troubled] law firm of Dewey & LeBoeuf. Today brings big, bad news for Dewey: bankruptcy superstar Martin Bienenstock is taking his practice to Proskauer Rose. He’s moving with five other partners — Philip Abelson, Irena Goldstein, Timothy Karcher, Michael Kessler, Judy Liu — and nine associates.

Dewey’s loss is Proskauer’s gain. “He is absolutely the crown jewel over there, a fantastic lawyer who will be a great partner,” a current Proskauer partner told us. “This is going to vault us into the company of Kirkland and Weil, giving us one of the top bankruptcy practices in the country. We are really thrilled.”

As you may recall, Bienenstock was a member of the five-person Office of the Chairman at Dewey. As my colleague Staci Zaretsky wondered earlier today, “Dewey seriously have one chairman again?” With Bienenstock to Proskauer, Jeffrey Kessler to Winston & Strawn, Richard Shutran to O’Melveny & Myers, and Steve Davis off to who knows where, only Charles Landgraf remains in the chairman’s office. (Note that Landgraf’s bio is still on the Dewey website.)

Bienenstock’s departure doesn’t mark the end of Dewey’s difficulties. Let’s review the latest news….

Of course we’ve added UPDATES, after the jump.

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(Plus an actual lawsuit, a possible lawsuit, and a partner’s theory of blame.)”

The revolving door continues to spin, quite furiously, at the rapidly collapsing Dewey & LeBoeuf. We mentioned some of the latest partner departures in last night’s post (which we updated again this morning).

These are major defections, which strike at the heart of what was left of the firm. In case there was any doubt after last Friday’s WARN Act notice or yesterday’s big layoffs, it may soon be time to stick a fork in LeBoeuf.

So what’s the latest word on who is going where?

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I mentioned last week that I recently moderated a panel of in-house lawyers at Schnader Harrison’s annual retreat. Always happy to share, I’m gathering here my existing thoughts on writing articles to develop legal business plus some new ideas suggested by the panelists. And, because handy lists get clipped and saved, I’m putting those thoughts into a list.

What are the ten rules for writing an article that will generate legal business for the author?

1. Write about a substantive issue, not a procedural one.

No one in the history of the world has retained a lawyer because the lawyer was the world’s greatest authority on Federal Rule of Evidence 403 or how to remove an action to federal court. People hire 10b-5 lawyers, not removal lawyers. If you’re writing to generate business, write on a substantive topic, not a procedural one.

2. Write about a niche area of the law.

If you write an article about some clever provision that a real estate lawyer should put in a lease, potential clients will read your article, send your article to their existing real estate lawyers, and ask the incumbents whether the incumbents have considered this idea and are able to put it to use. Your article thus educated the world and may have generated business for incumbent counsel, but it didn’t generate any business for you.

Niches are better. If you write about a niche area of the law — I’ve previously suggested that Colorado escheat law is wide open — the client’s incumbent firm won’t be able to provide the service that you’ve written about. If you’re writing to generate business, you don’t want to just suggest ideas that other lawyers can easily use.

3. . . .

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Non-Sequiturs: 04.20.12

At least a Law Hawk is better than a Law Chicken.

* Judge Mark Bennett, no stranger to these pages, issues a controversial ruling on a GPS tracking issue. [Threat Level / Wired]

* Is it more amusing that law students at the University of Georgia adopted a “Law Hawk” as an unofficial mascot, or that the student newspaper article about it reads like something out of The Onion? You decide. [Red and Black]

* Ogletree Deakins takes Manhattan (and some lawyers from Seyfarth Shaw). [New York Law Journal]

* OK, Marines lawyers. No more excuses, it’s time to suit wire up. Get your tech on, thousands of your jobs may depend on it. [Nightly Business Review]

* A North Carolina judge blocked a death sentence based on racial bias. A lot of people say that everyone’s a little bit racist, but let’s work out our prejudices in the Octagon, not the courtroom, okay? [New York Times]

* In an interview with the UVA Law student newspaper, Lat discusses blogging v. journalism, why you shouldn’t be stupid, and the state of legal education. [Virginia Law Weekly]

Of course HRH - 'Her Royal Hillaryness' - made the list.

Earlier this week, Time magazine released its annual list of the 100 most influential people in the world, the Time 100. For lawyers, there’s good news and there’s bad news.

The good news: lawyers represent over 10 percent of the Time 100. The bad news: many of the law-degree-holding honorees were not recognized for their work as lawyers.

So which legal eagles soared into the Time 100 this year?

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I’ve relented.

Under extreme pressure from all quarters — well, my wife thought it was a good idea, anyway — I’ve committed to publish a compendium of “Inside Straight” columns in the form of a book. ABA Publishing tells me that, in June, you’ll be able to hold in your hands Inside Straight: [followed by a clever subtitle]! (This obviously remains a work in progress.)

I have two items of good news about the forthcoming book and two requests for your help. First, the good news: The book will not simply be about me; it will also be about you! In addition to reproducing a collection of my columns, the book will include assorted “comments” that you, my readers, have appended to my posts. The book will thus answer many of your burning questions: Do I read the comments? Will I reproduce in the book the nastiest of the comments? (That raises the obvious derivative issue: Am I a self-loathing lunatic?) When I choose which comments to publish in the book, will “Bonobo Bro” make the cut? Will “Concerned Pastafarian”? Find out the answers to those questions — and more! — in Inside Straight: The Book!

The other good news is that David Lat has agreed to contribute a foreword to the book. Whatever you think of the quality of my writing, you know that Lat can write. The foreword alone is worth the entire price of the book!

So much for the good news; now, the requests for your help . . .

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He’s going to try the case in court, not in the press, and I admire that.

Jeff Ashton, speaking about Mark O’Mara, who is defending George Zimmerman against murder charges in the death of Trayvon Martin. For his part, Ashton is no stranger to the spotlight. The former Florida Assistant State Attorney was the prosecutor in charge of the Casey Anthony case.

Usually when we hear about courtroom drama stemming from social media, it’s caused by someone, you know, actually involved in the case.

Not today! This week, a judge declared a mistrial in a Kansas murder case after a pesky reporter shot and published a cellphone pic from trial. What kind of scandalous photos was the intrepid journalist taking?

The kind that almost certainly doesn’t warrant a mistrial….

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