Old People

The source of the Supreme Court’s tech problems?

Ed. note: In honor of Columbus Day (and Canadian Thanksgiving), Above the Law will be on a reduced publication schedule today. We will be back in full force tomorrow.

* The Supreme Court’s new Term is off to a great start: Thanks to a copy machine’s error, we almost missed the surprise cert denials in the gay marriage cases. What kind of screw-ups will this week bring us? [National Law Journal]

* On the other hand, in what’s considered an unsurprising move following its cert denials en masse, the Supreme Court allowed same-sex marriage to begin in Idaho. Congrats to the Gem State. [WSJ Law Blog]

* Jenner & Block’s data privacy practice is making waves in an “uncharted but lucrative field,” and its leader thinks that the “Internet of Things” will help heat up her work soon. [Capital Business / Washington Post]

* A future Law & Order: SVU episode? Sanford Rubenstein, a personal injury and civil rights lawyer who’s been described as “[f]lashy, brash and always camera-ready,” is now being accused of rape. [ABC News]

* Yale Law’s most interesting student goes to all of his classes, but never has to study or take any of his finals. It’s not because he’s lucky — it’s because he’s a 93-year-old course auditor. [New Haven Register]

Justice Ruth Bader Ginsburg

Who do you think President Obama could appoint at this very day, given the boundaries that we have? If I resign any time this year, he could not successfully appoint anyone I would like to see in the court. [The Senate] took off the filibuster for lower federal court appointments, but it remains for this court. So anybody who thinks that if I step down, Obama could appoint someone like me, they’re misguided. As long as I can do the job full steam…. I think I’ll recognize when the time comes that I can’t any longer. But now I can.

– Justice Ruth Bader Ginsburg, commenting on when we can expect her to retire, in an interview with Elle. The full interview is in Elle’s October issue.

For most people, there comes a time when you realize you have gone about as far as you can go in your chosen career. It’s a jarring moment if, like many lawyers, you have always had success in school and work and imagined you can go as far as you want. Sometimes it is also called a midlife crisis.

double red triangle arrows Continue reading “Qui Tam: Stasis”


‘Hmm, do I really need a JD/MBA?’

* “I’m 98, and I don’t want to depart this world with this thing hanging over me.” Miriam Moskowitz was convicted more than 60 years ago, and now Baker Botts is trying to help clear her name before she dies. [WSJ Law Blog]

* “Get a lawyer, you know how this works.” Boston Scientific’s chief counsel was killed earlier this week, and police think that they may have identified a suspect — her his former flame — in the brutal murder. [Minneapolis Star-Tribune]

* According to a recent study, California’s affirmative action ban has done some damage to minority admissions rates at both Berkeley Law and UCLA Law, and now things like this happen to their minority students. It’s quite sad. [Daily Californian]

* The ABA has delayed taking action on Concordia Law’s bid for accreditation, and instead appointed a fact-finder. We’ll help you with this fact of the day: we don’t need more law schools. [National Law Journal]

* If you’re thinking about signing up for a JD/MBA, then congratulations, at least one of those degrees may prove to be useful to you in some way, someday. [Law Admissions Lowdown / U.S. News & World Report]

Ed. note: This is the latest installment in a series of posts on lateral partner moves from Lateral Link’s team of expert contributors. Michael Allen is Managing Principal at Lateral Link, focusing exclusively on partner placements with Am Law 200 clients.

Of the roughly 36,000 partners in Biglaw, roughly 6,800 (18.8%) of them are within a few years of or have surpassed (and then some) the mandatory retirement age. Lawyers 55 or older make up about 1/3 of the practicing partners in the Am Law 200, a figure that will likely hold steady as the tail end of the baby boomer generation ages. Am Law 200 law firms have on average about 34 chairs, executive members, and senior partners whose 35-plus years of experience, client relationships, and leadership must be transferred to a new generation of rising stars. The process is hardly ever smooth and often involuntary.

Most partners in senior vintages begrudge the practice of mandatory retirement; some bemoan that it is an overcautious safeguard or the epitome of ageism. Some claim the practice is supported by scientific studies that link cognitive decline with advancing age — especially after 65, which is about the average for mandatory retirement. However, with advancing medical standards the idea of being forced to retire at 65 may soon seem ludicrous, but for now, how many law firms are prepared to deal with the void left by these partners?

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We’ve written from time to time about senior judges, the most senior of whom was Wesley E. Brown of the District of Kansas, who remained on the bench until his death at age 104. We’ve even written about lateral moves made by nonagenarians to highly esteemed Biglaw firms, likely performed with the aid of a walker. We’ve never written about centenarian Biglaw attorneys, presumably because there are very few of them, but that’s about to change.

Fear not, clients, for that’s not a blood stain on your legal documents. It’s prune juice, because a 101-year-old lawyer was working on your deal, and he needs to stay regular to keep his billable hours up.

Which Biglaw firm is keeping this extremely senior counsel on its payroll?

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Donald Sterling

Go back to answering questions rather than making somewhat entertaining comments.

– Judge Michael Levanas, in response to Donald Sterling’s combative antics during a trial to determine whether the 80-year-old billionaire was competent to remain as co-trustee of the Los Angeles Clippers trust. During testimony, Sterling called opposing counsel a “weird lawyer” and a “smartass.”

As the Supreme Court’s October Term 2013 fades into memory, and the bickering over Hobby Lobby subsides, let’s look ahead to October Term 2014 — and beyond. We know now the identities of all the OT 2014 SCOTUS clerks, as well as a growing number of the clerks for October Term 2015.

The clerk hiring contains some bad news for Dean Erwin Chemerinsky and other liberals who want Justice Ruth Bader Ginsburg to retire before it’s too late. The Notorious RBG has picked her posse for OT 2015, suggesting that she won’t be leaving the Court anytime soon.

But let’s not get ahead of ourselves. First let’s look at the official list of Supreme Court law clerks for October Term 2014, starting up in just a few months….

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‘My married life was so ruff before law school…’

I’ve been married 37 years. I know how to argue. I want to learn how to win.

– Nelson Bauersfeld, a third-year student at Syracuse University Law, revealing just one of the reasons he decided to go to law school as a retiree in his 60s. The 65-year-old, who debt-financed his entire legal education, will graduate tomorrow.

Last week, we asked readers to submit possible captions for this picture:

On Friday, you voted on the finalists, and now it’s time to announce the winner of our contest…

double red triangle arrows Continue reading “Caption Contest Winner: Seriously, What The Hell Are These Lawyers Wearing?!”

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