Here’s a sentence from a recent Seventh Circuit opinion:
[T]his case shows every sign of being an overzealous prosecution for a technical violation of a criminal regulatory statute — the kind of rigid and severe exercise of law-enforcement discretion that would make Inspector Javert proud.
This was a sentence from the dissent.
Amazingly, though, the majority voted to reverse the conviction. Judge Sykes, who authored the dissent, would have affirmed the conviction — though, presumably, not because she thinks a Javert-like prosecution is a model that the Department of Justice ought to aspire to.
Earlier this week, we mentioned that Manhattan District Attorney Cyrus Vance was interested in unsealing the criminal case filed against Dewey & LeBouef’s former executives. Such a move would have the potential to reveal the identities of the “secret seven” — the finance folks who turned to the authorities after things at the failed firm went sour.
Today, documents in the case are slowly being unsealed, and we’ve got info on those who squealed to law enforcement. Get your fill of schadenfreude here…
This column is designed to deal with all of the issues related to document review — and we’ve dealt with a bunch. Whether it is staffing agencies, fellow reviewers, or associates, there is no shortage of things to complain about when you are on the very bottom rung of the legal world. No one goes to law school thinking, “Oh, maybe one day I’ll get to be a document reviewer,” and that profound lack of satisfaction with their careers leads to a uniquely disgruntled set of workers.
All that is true, but sometimes there is reason to be disgruntled. In all my professional experiences, there is nothing quite as outrageous as the pure lies that are told to document reviewers. Sure, they may try to hide behind the inherent instability of the industry, but the thing that is really frustrating is the lies. Maybe you can never prove it as such . . . but they know, and you know, it is a blatant untruth.
As George Orwell once declared, “In a time of universal deceit — telling the truth is a revolutionary act.” Thus, without further ado, I present the top four lies of document review:
You may think law professors have easy lives, but the truth is, they really don’t. Tossing papers down a staircase to grade them is rough. Writing articles that no one will read aside from poor law review techciters is demoralizing. Teaching “Law and [Insert Noun Here]” to students in search of easy A’s is likely painful. Getting pepper sprayed in the face while teaching one of those classes is excruciating.
Things can get crazy pretty quickly when law professors at Top 50 law schools get attacked during class. Where did this happen, and was the law prof injured? Keep reading to find out…
On Tuesday, the D.C. Circuit benchslapped a gaggle of lawyers for filing briefs with excessive acronyms. The court’s per curiam order directed the parties to “submit briefs that eliminate uncommon acronyms used in their previously filed final briefs.”
Alas, attempts to comply with this order have raised a new problem — a problem that some readers saw a mile away….
* The federal judiciary is hiring for staff and public defender positions lost during the government’s sequestration throughout the better part of last year. Ready, aim, fire those résumés! [Legal Times]
* New York Biglaw firms always manage to find their way to the top of the Am Law 100 rankings. When all’s said and done, being so close to Wall Street definitely has its perks. [Bloomberg Businessweek]
* Absolutely no one should be alarmed about the fact that Kasowitz Benson’s profits per partner have dropped by 15 percent — well, no one but the equity partners, that is. Have fun with that. [Am Law Daily]
* The managing partner of Jacoby & Meyers is worried people will think his personal injury firm is going under, not Jacoby & Meyers Bankruptcy. Either way, those commercials won’t die. [New York Law Journal]
* A professor at George Mason University Law was pepper sprayed IN THE FAAAAAACE by an unknown assailant in his classroom yesterday afternoon. We’ll obvious have more on this story later. [ARLNow]
* La Verne is the first law school to offer flat-rate tuition. There will be no scholarships and no discounts. Students will pay $25K/year, nothing more, nothing less. This is, dare we say, wise. [National Law Journal]
* “Passion over pension.” Mekka Don, the Weil Gotshal corporate lit attorney turned rapper, just released his first CD, and it’s all about leaving Biglaw to follow his dreams. Go buy it here (affiliate link). [MTV]
* The shaming of Professor Rene Reich-Graefe continues, with Steven Harper weighing in. Law professors… so many people are onto your game of creating rosy scenarios to dupe prospective law students. Maybe you could spend more time trying to fix the problem in legal education, and a little less time trying to hide it? [Belly of the Beast]
Aasif Mandvi accepting his Justice in Action Award last night at the AALDEF 40th anniversary celebration.
Last night, I had the privilege and pleasure of attending the 40th anniversary celebration of the Asian American Legal Defense and Education Fund (AALDEF). Forty years is a remarkable milestone, so everyone was in a celebratory spirit. Here’s my account of the evening, which also honored several leaders within the Asian-American community….
Does what women wear to work matter? Of course it does, especially in a profession where looks are valued almost as highly as other qualities expected of a good lawyer, like exemplary analytical and interpersonal skills.
When we say “looks” here, we mean a lawyer’s ability to dress appropriately given the circumstances, but being attractive certainly doesn’t hurt. Men are basically given a free pass. So long as they don’t show up to court looking like they just rolled out of a dumpster, they’ll be given the respect they’re due.
Women, on the other hand, don’t have a uniform that they can wear to court like their male colleagues, and that’s where the trouble begins. Women lawyers have been told countless times to resist the urge to dress like harlots, with style suggestions ranging from the incredibly obvious (be wary of skirts too short and necklines too low) to the incredibly absurd (“think Lauren Bacall, not Marilyn Monroe”).
The sick thing is that most of these style advisories have come from other women. Don’t follow trends? You’re look too frumpy. Follow too many trends? You look too skanky. A federal judge recently called attention to this perverse gender bias, but perhaps he could’ve used some more delicate language.
The inevitable part of being a lawyer is that you need to work with other lawyers. If you thought you would be able to avoid this or have nightmares about law school classmates, then perhaps the practice of law that necessarily includes working with attorneys may not be for you.
As a small shop, it is important to evaluate how you work with other attorneys. Business is often referral-based and your reputation, which is gold if you are making your own way, will be based on how well you work with others. This does not mean being a doormat, but it does mean starting to understand how to build relationships or, in the least, be collegial with “opposing counsel.”
Yesterday, we brought our readers some “startling” statistics about law student debt levels. It seems that average indebtedness for law graduates increased by more than $50,000 between 2004 and 2012, with a typical law student saddled by about $140,000 in loans.
In fairness, those statistics probably weren’t all that startling to our readers — many of them are heavily indebted themselves. In fact, we know that many of them are carrying debt loads that surpass even that six-figure number.
Which law school graduates have the most debt of all? U.S. News has a ranking for that…
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.