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I don’t think the bar exam should be easy. When you look at the proliferation of law schools and how easy it is to get into law school, I think that the bar exams become the limiting factor of last resort.

Don’t get me wrong, it’s a shame that the bar doesn’t test skills that lawyers actually need to serve clients. It’s a shame that the bar is basically reduced to a test of memorization, information ordering, and most importantly, reading comprehension. The bar is just a barrier to entry, not a true licensing test.

But when you have a record number of people taking the damn thing in February in New York, right in the middle of a market that doesn’t have enough job for lawyers, I don’t really have a problem if half of those people are broken by two days of the New York bar.

So it’s not going to come as a surprise that I’m glad New York is New York and not Texas….

double red triangle arrows Continue reading “February Bar Exam Results Are Fine In Texas, Pathetic In New York”

Mammas, don’t let your babies grow up to be legal secretaries. We’re hearing scattered and somewhat hard-to-confirm reports of lawyer layoffs at various firms — please email us or text us (646-820-8477) if you have news to share — but efforts to reduce the ranks of secretaries are open and notorious.

If you spin through our staff layoff coverage, you’ll see that numerous law firms have shrunk the size of their secretarial staffs. Some firms have done this the hard way, through layoffs, while others have taken the kinder and gentler route, through buyouts.

Today we can report that two leading law firms have jumped on the “voluntary separation” bandwagon. If you’re a recently displaced legal assistant looking for a new position, don’t bother applying to either of these places — one of which is shedding lawyers, too….

double red triangle arrows Continue reading “Nationwide Layoff Watch: Voluntary Separations at Two Major Law Firms”

Morning Docket: 05.03.13

* “It’s a fine line society walks in trying to be fair.” Justice Sonia Sotomayor spoke earlier this week on the perils of racial profiling with respect to the Chechen suspects in the Boston Marathon bombings. Were we fair here? [Associated Press]

* What keeps in-house counsel awake at night — aside from the tremendous piles of money they’re rolling around in? Apparently they’re expecting an “onslaught” of food labeling and data breach class actions. [WSJ Law Blog (sub. req.)]

* Susan Westerberg Prager, known for being the longest-serving dean ever at UCLA School of Law, will take up the deanship at another illustrious institution, Southwestern Law School. [National Law Journal]

* The February results for the New York bar exam are out, and with the highest number of test-takers ever, the pass rate was brutal. We may have more on this later. [Thomson Reuters News & Insight]

* Rhode Island just got a little more fabulous. The Ocean State legalized gay marriage yesterday, making it the tenth state to do so, and uniting New England in marriage equality for all. [Bloomberg]

* Back in December, we told you about an alleged “well-dressed” groper — an unemployed lawyer, as it were. Well, now there’s nothing alleged about it, because that guy just pleaded guilty. [New York Post]

Just sit right back and you’ll hear a tale,
A tale of an expensive trip
That started from the Mediterranean
Aboard this gigantic ship.

Biglaw partners have to get together somewhere to hash over the business. Usually they meet in the lavish home office or rent out a hotel somewhere. In good times, that might be a luxury hotel in an island paradise. But I’ll bet no one would dare risk the PR blowback of holding a partner circle-jerk in a tropical resort in this economy, right?

One firm decided to see that bet and raise it. They’ve rented one of the most luxurious vessels in the world for a Mediterranean cruise. The ship be… sailing?

Let’s see whose partners are going on a “three-hour tour,” shall we….

double red triangle arrows Continue reading “Law Firm Rents Entire Cruise Liner For Partner Meeting While the Rest of You Look for Work”

* OMG, you guys! Michael Jackson just died. At least according to concert promoter AEG Live, whose lawyer FINALLY conceded to the claim that Jackson had passed. [CNN]

* The new NRA President is a tool lawyer! [Washington Times]

* Jim Beck reviews the works of our own Mark Herrmann: Inside Straight(affiliate link) and Drug and Device Product Liability Litigation Strategy [Drug and Device Law]

* Quinn Emanuel announces its spoils following up on the departure of Michael Lyle and Eric Lyttle from Weil. [Quinn Emanuel]

* Studies suggest that the more elite the school, the more likely its female graduates drop out of the work force after getting married and having kids. Women who run in elite circles and are therefore more likely to marry into financial secure partnerships are also less likely to keep grinding away at a job in order to put their kids through school? No kidding. [The Careerist]

* Administrative Law Judges file suit over perceived quotas that they claim trigger the depletion of Social Security. Cost-cutting legislators think the ALJs should be depleting the fund more. Blerg. [Washington Post]

* Check out the T-shirt sold at Santa Clara University. The proximity to the Santa Clara Law shirts is… fitting?

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Every year we have a law revue video contest, in which there are winners, there are losers, and then there are sore losers. This year, we saw some pretty wild accusations being tossed around (including “idea plagiarism,” which is apparently a thing in the minds of industrious law students).

No matter how hard our finalists tried to game the system with their various campaigns, one of them surpassed all the rest. Congratulations go out to the students at West Virginia University College of Law, the winners of our Fifth Annual Law Revue Video Contest.

But of course, there was much drama to be had….

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The night before my first final exam every semester in law school, I’d pop in my Rocky DVD, fast forward to the point where Rocky goes to the arena the night before, and watch through to the end. The movie reinforced my approach to law school exams.

“I can’t beat him.” But if you can go the distance, if you can still be standing by the time the exam is over, then you’ve achieved your own personal victory.

Of course, there are winners and loser every finals period. The damn things are graded on a curve. Today, we’ve got a law professor who took the time to tell his students how to “win” his upcoming evidence exam — just some standard exam tips, plus an explanation of what he particularly looks for.

Sounds nice enough? Well, not for one 3L. This student took the opportunity to post some kind of hippie screed as if law students are supposed to get together and sing kumbaya and reject competition or something.

In other words, this law student thinks law school is a damn show, she doesn’t know it’s a damn fight…

double red triangle arrows Continue reading “How To ‘Win’ Final Exams: A Law Professor’s Advice Irks A Student Who Doesn’t Think It’s A Race”

‘Another tuition hike? Time for a new car!’

If liberals are to be true to our professed values, we must critically examine our own conduct, however painful and embarrassing it might be. We cannot speak truth to power yet not to ourselves. [P]rogressive law professors, I charge, have profited from a system of legal education with harmful consequences to individuals and society — while claiming (and believing) that they were fighting the system.

– Professor Brian Tamanaha of the Washington University of St. Louis School of Law, criticizing his colleagues for remaining silent while law school tuition has soared. His remarks can be found in a forthcoming essay that will be published in the Stanford Law & Policy Review.

Tom Wallerstein

I’m not kidding myself that anyone will notice, but I still feel bad about missing my second consecutive post. My trial that was expected to last five days is entering its third week.

Some trials are more demanding than others, and at this point I’m thoroughly stuck in the trenches. Trial days can be awfully long days, and stressful. When you’re going from day to day, just letting it ride, it’s hard to justify taking the time to write a full-fledged blog post.

I’m hopeful that when the dust settles I will be able to extract some helpful takeaways that will provide fodder for future columns. Until then…


Tom Wallerstein lives in San Francisco and is a partner with Colt Wallerstein LLP, a Silicon Valley litigation boutique. The firm’s practice focuses on high tech trade secret, employment, and general complex-commercial litigation. He can be reached at tomwallerstein@coltwallerstein.com.

New Rule: The next law school person who wants to bitch about the unfairness of the “employed nine months after graduation” metric must offer to make loan payments for all students who don’t have a job at nine months until they find one. If law schools are going to knock up their recent graduates they should at least have to throw in some child support.

Oh, wait, NO law school dean wants to actually be on the hook for student loans from when they come due six months after graduation until… whenever this unnamed point in the future comes when students can expect to have jobs. Given that, I don’t really want to hear about how your school is so freaking “unfairly” treated because CONSUMERS of legal education need to know if they will be employed within shouting distance of when they will start having to pay back their loans.

Fine, you want a compromise? It looks like we’re moving to ten months anyway…

double red triangle arrows Continue reading “Could Law Schools PLEASE Stop Whining About The Nine Months After Graduation Statistic? You Sound Like Babies.”

Finals time is upon us once again, and that means law students are about to reach their breaking points. Perhaps that outline you got in exchange for hooking up with a 3L wasn’t very helpful, or maybe you missed one too many classes to know what the hell’s going to be on the test. Whichever way you slice it, you think you’re going to be screwed.

Luckily, your law school’s administration is well aware of the situation, and to try to alleviate some of the stress, law schools are offering students relief in the form of food, massages, and puppies. These are just some of the perks of an education that costs up to six figures to complete.

Come on, wouldn’t you rather snuggle with a cute and cuddly animal instead of grabbing a handful of your poop and smearing it all over the walls? Let’s see what law schools are doing to prevent their students from losing their sh*t — literally….

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‘I object… to your cleavage.’

In terms of the legal profession as a whole, breasts are a topic we all know and love. Some breasts are so large that people have allegedly been fired and forced to sue over them. Some breasts are so large that people file motions over them because they’re too distracting to be seen in a courtroom. In fact, some lawyers’ breasts are so large that their cleavage alone is recognized as “empowering,” and can be seen as a “career enhancer.”

Wait… what? Why weren’t we told about this before looking down every few minutes to check to see if we were showing too much cleavage became an ingrained habit? Because it’s bullsh*t, that’s why….

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