Media and Journalism

One of the things I hear from lawyers is: “I want to write, but I don’t have the time/know where to post/want to start a blog.”

Now I’m not in the blog-selling business or believe that every lawyer should have a blog because I’m not in the blog-selling business. (Get ready commentariat.) Not every lawyer can write (there commentariat… go!), but if you want to write, I’ll offer my thoughts. I offer them because this is my column, and I can do whatever I damn well please and I feel like it.

The first thing you have to determine when thinking about writing is your audience.

Unfortunately, many of you law review types actually think anyone out there wants to read something closely resembling a law review article. You can’t write anything without citing to case law or other articles no one has read or wants to read. You believe you’re still writing for adoration of your ability to analyze the history of some statute. You believe you can’t write anything unless it takes you weeks to research and is perfectly cited. You believe writing is done to impress rather than educate or inform.

When you write, you’ll see — ahem — comments about the writing style. Those are coming from those that can’t write like normal people. They spent months writing some over-cited, boring article that no one read and are raging against anyone who writes something interesting that contains a non-law-review-type writing style…

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The Layoff Lady moves beyond Biglaw.

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….

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Professor Nina Pillard

* It’s just business as usual: Amid accusations of liberal court-packing, D.C. Circuit nominee Nina Pillard faced questions on abortion and religion during her testimony before the Senate Judiciary Committee. [USA Today]

* Biglaw isn’t as dead as we’ve been told and made to believe. Some of the largest firms are actually doing quite well, says American Lawyer’s editor-in-chief, who’d like her job to retain some meaning for now. [Am Law Daily]

* Fried Frank knew that it’d take a banker to pull the firm from its monetary funk, so it picked up David Greenwald, deputy general counsel of Goldman Sachs, to act as co-chair through 2015. [New York Law Journal]

* With the change in SEC policy, from allowing companies to use neither-admit-nor-deny language, to forcing them to admit guilt in “egregious” cases, lawyers may soon be very busy. [Corporate Counsel]

* Raj Rajaratnam is a firm believer in the “three strikes and you’re out” theory of law. A month after the Second Circuit affirmed his insider trading conviction, he’s asking for a rehearing en banc. [Bloomberg]

Trayvon Martin

It’s not just about the Trayvon Martin case. Now it’s about your kids. It’s about other kids. What do we tell our sons?

Trayvon Martin’s mother, Sybrina Fulton, whose first thoughts after learning of George Zimmerman’s fate were of “shock” and “disgust,” in a moving interview with Good Morning America. This is the first time Martin’s parents have spoken out since Zimmerman was acquitted of second-degree murder in the death of their son. They are still weighing their options with regard to a civil suit.

“I am hyper-sensitive when it comes to name calling and ethnic slurs — just look at my name. I bristle when people are derided as dumb Polacks, greedy Jews, smelly Pakis, stupid beaners, camel jockeys, frogs and gooks. There are many more but no reason to list them all.”

Deyan Ranko Brashich

Brashich, an NYU Law School graduate and attorney, just wrote a gem of a column for the Litchfield County Times. Let’s check out more from his bats**t editorial, shall we?

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I discussed the verdict in the George Zimmerman trial with my mother, a 65-year-old white woman. She, unlike me, is politically and socially liberal. She was perplexed, though, by the media response to the verdict. Why the outrage?

What I explained to my mother was my best exercise in empathy, because I struggle to understand the outrage too.

If we were a black family, especially one living in the Deep South, this might look different to us, I reasoned. If she had been born black, when she was a little girl, white people wouldn’t feel the need to apologize for calling her a “n*gger child,” or telling her she couldn’t eat near them, or shuttling her off to an elementary school that was certainly separate but was only equal in theory. My mom would have grown up watching white police officers call her father “boy.” She would have had to observe my grandfather grow meek and obsequious when approached by a white man, especially one with a badge or a gun. He wouldn’t shrink into obeisance because he wasn’t strong and proud, or because he wasn’t law-abiding. He would do so because he couldn’t risk being perceived as “mouthy” or “uppity” by someone who could hurt him or his family for social transgressions as minimal as that….

double red triangle arrows Continue reading “It Was Just Another Criminal Case: Why The Outrage Over George Zimmerman’s Acquittal?”

Mr. Milbank is a humorist and satirist. He can make mountains out of molehills if he wants to. But he should take a page out of Justice Alito’s book and pay more attention to getting it right.

William Ranney Levi and Dana Remus, former law clerks to Justice Samuel Alito, in a letter to the Washington Post responding to an article by Dana Milbank. Milbank accused the justice of “demonstrat[ing] his disdain” for his women colleagues while on the bench.

That was tiring, huh?

A dizzying array of legal news delivered almost non-stop for an entire week. Emotional highs when DOMA is struck down, lows when a pillar of the legal landscape for nearly 50 years is swept aside, leaving millions of Americans even more concerned about their constitutional rights than they were before. There was an epic filibuster and failed jokes. This was a hell of a week to be covering the law.

As the frenzied week draws to a close, I decided to look back and compile my personal review of the major events of the week, gathered in one omnibus post.

So let’s take a look at the week that was ranging from Aaron Hernandez to the Supreme Court…

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Last summer, we brought you a tale about some mom-and-dad law grads who had been accused of planting a potpourri of drugs and drug paraphernalia in a school aide’s car for her apparent failure to “properly supervise” their child. At the time, Kent Wycliffe Easter (UCLA Law ’98) and Jill Bjorkholm Easter (Boalt Hall ’98) were charged with conspiracy to procure a false arrest, false imprisonment, and conspiracy to falsely report a crime.

The pair later pleaded not guilty, but were indicted for those crimes in October. A fact that hasn’t been trumpeted from the rooftops — perhaps it wasn’t salacious enough? — is that according to court records, the complaint against the Easters was dismissed in November.

UPDATE (6/26/2013): But note that the grand jury indictment is still pending.

Kent and Jill Easter are understandably upset after having been dragged through the mud for so long, regardless of the fact they’re still under indictment. And so, like any lawyer would do, the Easters are now suing several parties for defamation….

Please note the UPDATES throughout this post.

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* With a sharp focus on the Supreme Court and the legal definition of equality, only one thing’s for sure with respect to this week’s anticipated rulings: at least one group of people is probably going to get screwed. [New York Times]

* And lest we forget, thanks to our society’s near slavish obsession with social media and knowledge on demand, we’ll salivate uncontrollably as we wait for those opinions while the justices blissfully ignore new technology. [New York Times]

* The Justice Department charged NSA leaker Edward Snowden with espionage, and now he’s pursuing political asylum in Ecuador with the assistance of legal counsel representing WikiLeaks. [NBC News]

* Biglaw firms are trying to strengthen their pricing power in a post-recession world, with average rate increases of 4.8% in 2012, and hourly rates soaring in New York City. [Wall Street Journal (sub. req.)]

* There were some bright spots in the otherwise dismal NALP job numbers for the class of 2012. Biglaw hiring is up, and so are median starting salaries. Sallie Mae is pleased as punch. [National Law Journal]

* If you’re considering law school, ask yourself these questions before applying. You should also ask yourself if you’re cool with unemployment. [Law Admissions Lowdown / U.S. News & World Report]

* Richard Trenk, author of the “ham-fisted” cease-and-desist letter that’s been read around the world, has been honored as the New Jersey Star-Ledger’s “Knucklehead of the Week.” Congrats! [Star-Ledger]

* There’s no solace for people who have had to pay to have their mug shot “depublished” from the internet. Sorry, the First Amendment allows people to turn a profit off your misery. [Washington Post]

* This lawsuit over unpaid internships filed against Gawker will sting any gossip girl’s heart to the core. But really, isn’t the privilege of working for Gawker enough? This fangirl thinks so. [New York Post]

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