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Will Work for Food 3 Above the Law blog.JPGWe’ve reported that firms with “oversubscribed” summer classes are calling up 2Ls and encouraging them to not accept their 2009 summer associate offers. Unlike Akin Gump’s move, the tactic is a clever dodge around the NALP guidelines. As we understand it, firms are not committing these “cold offers” to email, instead using the telephone and avoiding a paper trail.

Career services departments are trying to cope with this new law firm tactic. Some Michigan students received this email from their career services dean:

Hi. It is my understanding that you have an offer from White and Case in New York. After talking to contacts in the New York legal market, it appears that White and Case may have over-hired for next summer and has a particularly large class. Therefore, it may be in your best interest to take another offer if you have one.

According to the WSJ Law Blog, White & Case claims ignorance over why Michigan would send out this email:

A spokesman for White & Case told the Law Blog: “We don’t know, honestly, why a law school career services office would send out these letters. No on has talked to us about the situation, and we’ve certainly not encouraged anyone to send out letters to students.”

Notice how White & Case did not say “we intend to honor every summer associate offer we’ve made.”

We have been consistently encouraging 2Ls to accept their offers sooner rather than later. Many career services departments have echoed that advice. White & Case joins Proskauer as one of the firm that has been “outed” as telling people that they should look elsewhere for offers, but we suspect that many firms are doing this.

After the jump, speculation about other firms.

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White & Case v. Nervous T-10 1L?

Morgan Lewis.JPGA central theme running through this week’s bonus speculation was that bonus decisions would be made much later this year than last year. As first reported here, Cravath kicked off the bonus season last year on October 29th, 2007. But in 2006, Milbank didn’t get the ball rolling until December 8th.

The first solid information that bonus decisions could be made a lot later this season came in today from Morgan, Lewis & Bockius. MLB associates were notified that bonuses would not be paid before the holidays via a firm wide email.

Read the email after the jump.

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Biden speaks to Phillies fan.JPG* Nebraska doesn’t want your teenagers or kids from other states. The legislature will hold a special session to fix its safe-haven law. [New York Times]

* The DOJ declares Delta and Northwest Airlines man and wife. [Pacific Business News]

* Washington Judge Roger Fisher doesn’t want anything to do with scalded monkeys. [Seattle Times]

* A crazy different take on the effect of the financial crisis on law firms. It’s boom time for lawyers? [Los Angeles Times]

* Dell gets slapped with a $500 million class action suit, accused of discriminating against women and firing workers over 40. Well, come on, it is a tech company… [Dallas Morning News]

* It took a 46-hour baseball game, but Philly has their first champion since Rocky IV. Sober up by Tuesday okay? [ESPN]

gay marriage skadden.jpgUnless something very strange happens, California’s electoral votes are already spoken for. In fact, we might know the next President long before the California polls close.

But regardless of the national election, there are many reasons why Californians should go vote on November, 4th. For many, Proposition 8 (the initiative to ban gay marriage) will be the signature issue on the ballot.

We have reported on attorneys from Orrick and Proskauer staking out positions on Prop. 8. Yesterday, the Daily Journal did a thorough breakdown of Prop. 8 campaign spending.

The California Marriage Protection Act has prompted more than 2,600 attorneys, judges and law professors to write checks totaling at least $1.6 million, but the committees that oppose the measure received 14 percent more money from the legal community than those who support it, an analysis by the Daily Journal shows.

No Biglaw firm took an “official” stance on the issue, but the Daily Journal reported that attorneys at Knobbe Martens, Sheppard, Mullin, Latham & Watkins, Richter & Hampton and Kirkland & Ellis led in terms of individual contributions.

Additional Prop 8 campaign info after the jump.

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Penn Northwestern head to head.JPG* A head-to-head comparison suggests that Northwestern has a better J.D. program than Penn. But if Northwestern students ever meet a Penn kid with an épée, they’d better run. [Prawfs Blawg]

* Boston lawyer hottie interacts with her adoring stalkers fans. [f/k/a]

* Ex-Thelen Chairman Richard Gary seems to lay the blame squarely at the feet of Brown, Raysman and Steiner, who departed for DLA Piper before the end. [Legal Pad]

* Between the financial meltdown and the possible ascendancy of Barack Obama, are New York City lawyers still relevant? [Law and More]

* The interaction between law and literature. [New York City Bar]

Mr. Mom washes kids.JPGYou never know where you’ll find sexism in our society and our profession. It knows no party or ideology.

But it has no place in court. In a decision yesterday, 7th Circuit Judge Richard Posner took a shot at a plaintiff’s attorney who thought this was still 1950.

The case, Thorogood v. Sears Roebuck, was perfectly set up for a sexist wisecrack by an attorney cheap enough to take it. The case involved stainless steel clothes dryers that nonetheless caused rust stains on some clothing. A massive class action suit was mounted against Sears because “stainless steel” was not used for every part of the appliance.

During oral argument, the plaintiff’s attorney suggested that the all-male bench “ask their wives” about the problems associated with rust stains from dryers.

Posner did not find this funny. Writing for the majority (and holding for Sears) Posner shot back:

At argument the plaintiff’s lawyer, skeptical that men ever operate clothes dryers–oddly, since his client does–asked us to ask our wives whether they are concerned about rust stains in their dryers. None is.


Prior ATL articles have shown that some men really expect their wives to do all the laundry, but they are a dying breed (I think). There’s no way that attorney would have joked about women washing clothes if there was a woman on the 7th Circuit panel.

Hopefully, getting smacked around by Posner will teach this attorney that he should not make sexist remarks in open court regardless of the gender diversity on the bench.


Earlier: And No, She Doesn’t Do Windows

Freeborn video series.jpgChicago firm Freeborn and Peters has upped the stakes in the crazy, fun website competition. Their career site promises associates the opportunity to “thrive in an open, supportive, collegial culture.” A series of recruitment videos have firm attorneys and partners in starring roles and are a testament to the firm’s unorthodox culture. Check them out here– they are long, but worth it.

Our favorite video is “Attorney Lunch,” featuring attorneys snoozing, taking shots of coffee, and whistling while they march, as well as an evil partner who misdirects said attorneys to an e-discovery seminar instead of a “weekly gathering of attorneys with free food and drink.” We are left wondering though why Freeborn attorneys have such paralegalish days: making photocopies and re-stacking boxes of document production.

Another video, “Bags,” ends with the exhortation: “Work Hard. Play Hard.”

Our tipster came across the videos while job hunting, and captured our reaction well:

I’m still not entirely sure what I think of them as a recruiting tool. On the one hand, they’re completely hilarious, especially for a law firm, and I thought it made the firm look like a fun place to work. On the other hand, I could see how a lot of people would think the videos portrayed the associates as unprofessional (doodling and bored while on the phone with someone, looking unprepared while taking a deposition, etc.). So I think it completely depends on how you think they struck the balance between good humor and professionalism. I’m sort of amazed that the firm put the videos up on its website at all, but ultimately I think it was a good thing they buried the videos on the associate recruiting page where potential clients most likely wouldn’t look!

The videos are funny, but Freeborn, a 120-attorney firm specializing in bankruptcy, real estate, and regulatory law, is definitely taking a risk with them. What do you think? Do they work?

Will Work for Food 2 Above the Law blog.JPGOver the weekend I suggested that Harvard Law students were not taking the fall recruiting “crisis” seriously enough. The school’s comments suggested to me that HLS saw itself as above the fray.

But whatever public face HLS is putting on the recruiting season, behind the scenes HLS OCS seems to be working harder than ever. A tipster forwarded this email from Assistant Dean Mark Weber:

Dear [Redacted]:

Thank you for participating in our Fall OCI Program. I hope you had a productive visit to campus this fall.

I am writing to let you know that we still have talented students who are seeking summer and permanent positions in Northern California. We understand the concerns facing all employers right now, but want to remind you that this can be a great opportunity to enhance your presence at Harvard Law School by hiring one of our students. I have taken the liberty to attach resumes of our students who are seeking employment in Northern California (link below). Also, if you would like to return to campus and interview additional students, we can easily accommodate your schedule to meet with students on campus or through our newly launched video conferencing facilities. Finally, remember that you can also post any employment opportunities in the HLS job bank which is exclusively available to our students and alumni. Click here to post a job.

I hope you will consider hiring additional Harvard students for employment with your firm. If you are interested in returning to campus or utilizing our video conferencing capabilities, please contact [redacted] And of course, please don’t hesitate to contact me if I can ever be of assistance to you or your firm’s recruitment efforts at Harvard. Many thanks for considering our students.


Mark Weber

I spoke with Weber and he confirmed that this was a new tactic his office was taking:

In light of the current economic climate, I did send out the letter to employers a few weeks ago. I haven’t sent out a letter like that before, but given the favorable response we have received from employers, I think it is something we will do in the future.

Other law school responses after the jump.

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Episode VI: A New Hope”

google book search.jpgAs we mentioned in Morning Docket, Google reached a settlement with publishers and authors to finally bring the Dewey Decimal System into the digital age.

Most lay people think that lawyers serve an annoying, anti-common sense role in society. But every now and again lawyers perform the important function of keeping “the law” safe from the forces of the free market and human progress.

Google wants to digitize the collections of the world’s greatest libraries in order to make them searchable. This is called “progress” and desperately needs to happen. But authors and publishers also need to protect their works — and make money off of them, if possible.

This issue demanded an out of court settlement, and lawyers from Keker, Debevoise, and other firms got the job done.

Under the settlement:

Authors and publishers will get 63 percent of revenue generated by Google’s electronic book database from the sale of online books and advertising. As part of the $125 million, Google will pay $34.5 million to set up the Book Rights Registry, which will collect the money and give it to the copyright owners. Another $45 million will go to authors and publishers that had their books uploaded without permission. Plaintiffs lawyers will take home $30 million.

Mmmm … fairness: the kind of fairness that cannot often be achieved through trial. Authors and publishers get 63% of the revenue (which, when you break it down will probably come out to 2 Lincolns per title). But, much more importantly, they will get the publicity that comes when people can actually read their book that is no longer popular enough to print. Google can then go about the business of bringing the entire digital world under their imperial control. And the lawyers got paid off too.

And nobody had to come up with a ridiculous “fair use” precedent that could have crippled the rights of authors for years to come.

Yay attorneys, yay settlements.

Google to Pay $125 Million in Settlement Over Book Digitization []

Major Universities See Promise in Google Book Search Settlement [Authors Guild]

Proposed Settlement

Thelen LLP new logo.jpg[Ed Note: This post was written for ATL by "Heller Drone," who created the blog Heller Highwater in response to a lack of information concerning Heller Ehrman's dissolution. We asked Heller Drone for helpful advice to offer Thelen associates and staff. Good luck to everybody dealing with these difficult circumstances.]

Being capsized is often something quite jarring and comes upon you suddenly and painfully, say like food poisoning or an episode of The View. And despite the fact that you can see that iceberg in the distance, a soon-to-be ex-staffer of a BigLaw firm can’t always anticipate each and every wave that will buffet his or her lifeboat. Here are words of advice for our colleagues at Thelen and perhaps other firms which are in the process of dissolving:

Get Organized

You don’t necessarily need a blog but it is a nice way of communicating to a large group without hosting a website on your domain, etc. Blogging is a very “turnkey” operation and with platforms such as Blogger or WordPress or Typepad you can be on your way to your first post in less than five minutes. Any stressed and harried soon-to-be unemployed staffer can do it.

Besides a blog, set up some form of networking such as Facebook or better yet LinkedIn. This will allow former staffers to communicate with each other once the firm’s email system is offline.

Know Your Rights as an Employee

Do your research – and if you don’t know where to start enlist a paralegal or associate to assist. Realize that labor laws differ by state and this includes vacation accrual, how to file a wage claim, etc. Make sure you understand clearly anything you are being asked to sign and ask to make a copy of the document, take it home and review it first if possible. Do not sign any of your rights away during what can be a very emotionally trying time.

More tips after the jump.

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Five Things Hellerites Wished They Knew At The Start”

political-pictures-ron-paul-popular-vote-myspace.jpgWe received 836 responses to Monday’s ATL / Lateral Link survey on whether you’ll be volunteering your services on Election Day, and the results are pretty remarkable. Over 40% of practicing attorneys who took the survey said that they would be helping out:

  * 23% will be working as election monitors.

  * 11% will be staffing call centers.

  * 7% will be members of a legal response team.

  * Another 7% are still deciding whether to volunteer.

Law students are even more active, with 46% planning to work as election monitors, 6% staffing call centers, and 9% supporting a legal response team.

Interestingly, Obama supporters were much more likely than McCain voters to spread their time around for Joe the Voter, with 30% working as election monitors (vs. 15% of McCain voters), 12% staffing call centers (vs. 4%), and 9% working in legal response teams (vs. 5%).

Formal law firm support also had a pretty substantial impact on attorney participation in next Tuesday’s efforts, especially among attorneys staffing call centers:

  * At firms counting the work as billable time, more than two thirds of attorney respondents will be volunteering their services (31% as poll monitors, 30% in call centers, and 7% in response teams).

  * The percentage of volunteers drops slightly, to 60%, at firms that consider the work pro bono but non-billable (31% poll monitors, 18% call center staff, and 11% in response teams).

  * But at firms that give no credit at all, only 34% of respondents have decided to volunteer on Election Day (24% as poll monitors, 2% in call centers, and 8% in response teams).

Quite a few firms will be giving credit. 27% of respondents said that they can indeed count their service toward their billable hours, including associates at Cleary Gottlieb, Cooley Godward, Davis Polk, Dewey & LeBoeuf, Goodwin Procter, Hogan & Hartson, Katten, Kelley Drye, Kirkland & Ellis, Latham, Morgan Lewis, MoFo, Orrick, Paul Hastings, Ropes & Gray, Shearman & Sterling, and Skadden. Another 12% of respondents will count their work as pro bono, but not billable time.

That said, though, roughly a third of respondents said that their firms would not be providing any credit for volunteering next week, and about a quarter of you weren’t sure.

In addition to firm support, there’s quite a bit of peer support going around. More than half of attorney respondents noted that their firm colleagues were also volunteering next Tuesday. 41% said that both partners and associates were pitching in, while 11% said that other associates were signing up, but not partners.

Actual participation may be even higher though, as 38% of respondents weren’t sure whether other attorneys at their firms were getting involved. Only 9% of respondents said that neither their peers nor their partners would be volunteering next week.

So, overall, it looks like next Tuesday’s going to be a pretty quiet day at the office. Probably a good day to do some volunteer work. (You can still sign up here or here.)

Justin Bernold is a Director at Lateral Link, the sponsor of this Associate Life Survey.

[Ed Note: Do you have a question for next week? Send it in to]

pls hndle copy 2.jpgATL –

I’m new at my firm (small firm in Midwest, not BigLaw), and apparently people here dress up for Halloween. The head partner has sent a bunch of emails reminding everyone to wear their costumes on Friday, Oct. 31 and the secretaries are going nuts talking about it. What should I go as? Or should I not dress up?

All Dressed Up For Nothing

Dear All Dressed Up For Nothing –

Your firm differs little from Biglaw; every shop I know treats Halloween as a day of unbridled merriment and levity. Deals come to a screeching halt, associates throw documents off their desk and set up jack-o-lanterns and duplicating and graphics department mail people cast their bitter feuding aside to hold hands and dance around the cafeteria bonfire. To keep up with your firm’s apparent enthusiasm for the holiday, so you’ll need a costume that projects an image of the associate (and future partner!) they want you to be: bold, slutty and borderline offensive.

If there are devout Latter Day Saints at your firm, consider going as a Yearning for Zion FLDS member. Wear a stunning number from FLDS Crafts and spend the day carrying around a sister wife blow up doll and eight Cabbage Patch Kids. Commiserate with LDS colleagues about the long commute to work in a covered wagon.

Another sure-fire hit is donning a blonde wig and a slutty nurse costume. When your supervising partner asks what you’re dressed as, reply “Your wife.”

Finally, if you don’t want to spend a ton of money on a costume, wear a suit and turn the pockets out. Smear grease on your face, clutch a crumpled Lateral Link brochure with your fingerless gloved hands. Make a matilda using a golf club and tie a Thelen gym bag to the end. You’re all set to go as a homeless person. Now that’s scary.

Happy Halloween!

Your friend,


Elie’s advice after the jump.

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Nightmare on Main Street”

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