New York Times

Sometimes silence is golden.

The executive editor of the New York Times, Jill Abramson — who once worked as a legal journalist, for Steve Brill at the American Lawyer — recently issued A Note to Our Readers About Comments, in which she explained various changes to the Times’s commenting system. We thought we’d follow in the Gray Lady’s footsteps and announce a tweak of our own to the Above the Law comments.

Comments and online anonymity are hot topics right now, both here and abroad (e.g., India). Writer Katie Roiphe just mused about the angry anonymous commenter. Privacy lawyer Christopher Wolf recently argued, in the New York Times, that websites should “consider requiring either the use of real names (or registration with the online service) in circumstances, such as the comments section for news articles, where the benefits of anonymous posting are outweighed by the need for greater online civility.” Many Times readers disagreed, defending the value and importance of anonymous speech online.

In light of these conflicting concerns — civility, privacy, free expression — let’s turn our attention to the ATL comments….

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'Til billable hours requirements do we part.

Since getting engaged, I’ve been wondering whether we should even bother trying to get into the New York Times wedding section. I’m sure that almost every newly engaged couple has similar thoughts, especially the blushing bridezillas in training. After all, the NYT wedding section is the place to announce your upcoming nuptials. Being featured in those hallowed pages is viewed as the ultimate sign of marital prestige.

You literally cannot go wrong with a write-up in the NYT wedding section (unless, of course, you end up with a Sex and the City situation and it looks like you’re a woman with a Hitler-esque mustache). So is there an easy way to get into the esteemed wedding section?

As proven by our very own Legal Eagle Wedding Watch, lawyers seem to have been featured in abundance. But that’s just the first part of the equation, according to a new demographics study….

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[T]he dislike [for legal academics] is a result of law professors being too much in the world. You see, law professors — and I should disclose here that I am one — very nearly run the world, or at least certain parts of the U.S. government. When you include Justice Anthony Kennedy, who taught nights, they make up the majority of the Supreme Court.

– Professor Noah Feldman, in an interesting and provocative Bloomberg opinion piece (via Overlawyered), responding in part to David Segal’s latest New York Times piece criticizing legal education.

(Additional excerpts and discussion, after the jump.)

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How screwed up is legal education these days? One mainstream publication recently published an article suggesting law students should be paid to not go to law school, while the paper of record noted that nobody learns how to be a lawyer in law school anyway.

That’s what it’s come to, folks. Can you imagine Slate, which is owned by the Washington Post, publishing an article suggesting that we should pay M.B.A. candidates to stop going to business school? Can you imagine the New York Times publishing a feature article about how medical students don’t learn anything in medical school?

Welcome to law school, the red-headed stepchild of American professional schools….

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Allegedly offensive Halloween costume

I thought the rule for Halloween costumes was “don’t dress like Hitler.” But apparently you are also supposed to wear costumes that are nice and compassionate — or else you might be smacked around in the New York Times.

(We won’t smack you around. Please send in Halloween pics, and you might win a t-shirt.)

Over the weekend, you might have seen the Times story on the Stephen J. Baum law firm. As the largest so-called “foreclosure mill” in New York state, representing banks that kick people out of their homes, it’s not the kind of place that receives hugs and kisses from the community. Which is fine; lawyers there are paid for their work.

Every year the Baum firm hosts a huge Halloween party. Last year, employees reportedly dressed up like the some of the people who lose their homes during the course of Baum’s foreclosure business.

Some people are outraged that foreclosure lawyers don’t have “compassion” for their adversaries….

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Even a caveman needed to go to law school after he thawed out.

It’s the danger of working in a profession that few people respect. The general public understands that not everybody can practice medicine: performing surgeries, prescribing drugs, and even giving advice about surgeries and drugs are things best left to “professionals.” Or look at accountants. People want to have one who is “certified” because, well, math is hard.

But lawyers? Annoying, money grubbing, bastard lawyers? Hell, anybody can do that. That’s what the general public thinks: anybody who is anal and can read can be a lawyer.

And because of that, occasionally lawyers have to deal with op-eds like the one just featured in the New York Times. Clifford Winston of the Brookings Institution argues that everybody should be allowed to practice law.

Seriously, everybody. No law school, no bar exam, if you want to do legal work, go right ahead. If you want to charge people for your uneducated legal advice, feel free!

Somehow Winston believes that allowing untrained dumbasses to take advantage of poor people who don’t know any better will magically help poor people….

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Several prominent judges, like Richard Posner (left) and Alex Kozinski (right), hire 'off-plan.'

Over the weekend, we mentioned a very interesting New York Times article on the chaotic state of the clerkship application process, and said we’d have more to say about it later. Well, now is later, quite a bit later — so let’s discuss.

The piece — by Catherine Rampell, who has written about the legal world before — paints a depressing picture of a dysfunctional system. Rampell reports that the clerkship process “has become a frenzied free-for-all, with the arbiters of justice undermining each other at every turn to snatch up the best talent.”

Let’s look at the reasons behind this, and discuss whether the process can be fixed….

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At birth.

– Chief Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit, explaining when he begins recruiting law clerks.

(Chief Judge Kozinski is quoted in a very interesting New York Times article on the chaotic state of the clerkship application process, which we’ll have more to say about later.)

UPDATE (9/27/11): Here is our commentary on the NYT piece.

Our research shows that inner work life has a profound impact on workers’ creativity, productivity, commitment and collegiality. Employees are far more likely to have new ideas on days when they feel happier. Conventional wisdom suggests that pressure enhances performance; our real-time data, however, shows that workers perform better when they are happily engaged in what they do.

Teresa Amabile and Steven Kramer, authors of The Progress Principle (affiliate link), in a New York Times op-ed piece, Do Happier People Work Harder?

[A] rush to open the practice of law to unschooled, unregulated nonlawyers is not the solution [to the justice gap]. This would cause grave harm to clients. Even matters that appear simple, such as uncontested divorces, involve myriad legal rights and responsibilities. If the case is not handled by a professional with appropriate legal training, a person can suffer serious long-term consequences affecting loved ones or financial security.

William T. “Bill” Robinson III, president of the American Bar Association (ABA), in a letter to the editor of the New York Times. Robinson’s letter responds to an NYT staff editorial arguing that “allow[ing] nonlawyers into the mix” could help address the justice gap, i.e., low-income Americans’ need for legal services.

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