Ed. note: This is the latest installment in a series from Bruce MacEwen and Janet Stanton of Adam Smith Esq. and JDMatch. “Across the Desk” takes a thoughtful look at recruiting, career paths, professional development, human capital, and related issues. Some of these pieces have previously appeared, in slightly different form, on AdamSmithEsq.com.
One of the thorniest issues any leader has to deal with is telling senior-level underperformers that they’d be better off elsewhere. It calls on every skill in the manager’s bag of tricks, from financial analysis to subtler cultural and personality judgments, and accurate perspective on the impact on the organization overall of asking a high-profile person to leave.
To be honest, it’s also one of the most difficult challenges we deal with in advising firms about their paths forward. Although at times it’s crystal clear what needs to be done, far more often you have no such luxury of being able to shortcut analysis and judgment, and you have to work through all the potential interactions and repercussions to decide with some degree of confidence what to do. Then of course you actually have to do it. You’d be surprised — or maybe you wouldn’t — how often otherwise hard-headed and decisive leaders never quite get around to that part of it….
* As a public service, here’s a very good guide about what criminal activities should NOT be talked about on Facebook. [Slate]
* It’s getting to that time of year when law students’ minds turn from finals preparation and towards the violent overthrow of the government. [McSweeney's]
* Finally, the full story on how reporter T.J. Quinn eavesdropped on Barry Bonds’s grand jury testimony without violating any laws. Go New York Daily News lawyers! [Deadspin]
* There allegedly was a female soldier prostitution ring at Fort Hood, lead by the unit’s sexual assault prevention officer. Now watch as somebody uses this to argue that women shouldn’t be in the military. [Gawker]
* Winners from Detroit’s bankruptcy filing include lawyers, don’t really include Detroit. [Am Law Daily]
* Here we go — proof that the internet is racist is coming. [Forbes]
* Rutgers-Camden Law has been fined and censured for allowing applicants to use something other than the LSAT without asking the ABA nicely if it could do so first. This is what the ABA cares about. Those are the questions they had for Rutgers. What was left off the list of ABA inquiries: Rutgers-Camden’s favorite color? [ABA Journal]
It’s December, a big month for movies. This is the time of year when studios trot out some of their most prestigious pictures, hunting for Oscar gold, and when they release their holiday blockbusters, in the hunt for cold hard cash. With Christmas and New Year’s falling on Wednesdays this year (yay!), there should be ample time for moviegoing.
But some lawyers want to do more than just watch movies; they want to make them. Over the years, many lawyers have entered the film world, some on the business side and some on the creative side.
Interested in having some adventures in the screen trade? Let’s meet a Harvard Law School graduate who is now an award-winning writer and filmmaker….
I assure you I have many more important things to talk to the president about than the fact that we busted this penny-ante fraud…. [Trump] seems to be the kind of person who goes to the Super Bowl and thinks the people in the huddle are talking about him.
– New York Attorney General Eric Schneiderman, speaking to Vanity Fair about Schneiderman’s lawsuit against Trump University. According to Vanity Fair, “Trump claims that Schneiderman cooked up the lawsuit after visiting with President Obama.”
In a job market as dismal as this one, you would think that I would advise taking anything you can get. You would be wrong. I recommend carefully weighing the desperate need for a paycheck against the prospect of selling your soul, or at least performing work that you despise.
I am not talking about doc review, or procurement law here. I am talking about going to work for a Catholic organization when you are agnostic, or taking a gig in a firm that does work that is abhorrent to your belief system. It is easy to preach when one has a job, but I am routinely asked about obtaining in-house positions, and my experience (when I was too stupid, or afraid, to say “no”) gives me a certain gravitas when it comes to this issue….
Would you believe a state supreme court justice received a $50,000 trip to Italy from a lawyer who routinely appears before the court representing major clients?
Oh, it happened. And it could be happening a lot more often than you’d think because most states make it exceedingly difficult to discover. Every now and again someone will do important work pointing out that electing judges in an era of unfettered campaign contributions poses a significant risk to judicial integrity, and everyone will cluck their tongues, stroke their beards and wonder, “What’s to be done with this state court system?” A new study goes further and looks at the financial wheelings and dealings — and the lack of oversight they receive — of judges outside of election season.
It’s an adverse possession story! We have an adverse possession story. Pull out your first-year Property casebooks and remember that time in law school you learned that “law words” sometimes have no bearing on what those words mean in the regular world.
There’s a guy who is going around Ohio, “possessing” what he calls abandoned houses, and then filing quiet-title claims against the real owners. The actions have worried the owners (at least some of whom have their houses in foreclosure by the banks). In more entertaining news, we get to watch local media react with horror as they confront the mere possibility of adverse possession. I love when laypeople confront Property issues; they’re always so confused and frightened. Prescriptive easements! Fee simple! PERPETUITIES!
Anyway, of all the non-lawyers involved, the worst is the guy actually trying to possess these houses. He’s a man who knows just enough to be stupid….
We’ve seen a surprising amount of drama emanate from the normally hushed halls of One Liberty Plaza in 2013. Cleary Gottlieb, one of Biglaw’s best firms, has been the site of contention and controversy regarding irate ex-staffers, support staff stealth layoffs, and a summer associate with a dark past.
Some of our Cleary readers and sources have objected to this coverage as painting a misleading picture of goings-on at CGSH. Their general view: all this drama is limited to the ranks of support staff — who have been coddled over the years, and are finally now being forced to be more productive. When it comes to the lawyers at Cleary, it’s business as usual.
Is it “business as usual” with respect to associate bonuses? Cleary just announced….
Earlier this week the Anonymous Partner wrote about Biglaw’s dirty little open secret, which he generously referred to as “creative billing” but which we all know is simply bilking money from your clients. It’s a common enough practice, and while an associate’s bonus may or may not be linked to the number of hours billed, it certainly improves the firm’s bottom line. But could you imagine the abuses that would occur if the associate’s weekly paycheck fluctuated depending on the number of hours they billed that week?
We’re now in year two of the Michigan “let’s make the bar exam more difficult” plan. In 2012, the Michigan Board of Law Examiners changed the weight it gives to the essay questions, with the goal of producing lawyers with a better understanding of state law. I don’t know, there are probably all sorts of things that don’t apply to automakers in Michigan that you’d never see on the Multistate section.
This makes the bar more difficult and more stupid at the same time. It’s harder to answer an essay question than a multiple choice event where you can make an educated guess, but it’s also dumber to administer a “standardized” test that relies heavily on the individual tastes of essay graders.
In any event, the results from the July 2012 bar exam were predictably horrific. Only 55% of test takers passed the July 2012 test. Cooley totally embarrassed itself, even by Cooley standards, with only 42% of test takers from that school passing.
This year, 60% of test takers passed the July 2013 Michigan Bar. So that’s better, though still pretty rough. Cooley, again, covered itself in glory by posting a 43% pass rate. But all the law schools have complained about Michigan’s new, harder exam.
And the Michigan BOLE doesn’t care. Law schools in Michigan better raise their game, because the game ain’t changing….
* Magic Circle firms raise their rates, with partners billing around $1375.56/hour. Blimey! [The Careerist]
* A law firm paid for a nativity scene in a state capitol building. Sound the litigation alarm! [ABA Journal]
* Supreme Court seems hesitant to help out a guy who lost his frequent flyer miles for constantly complaining to his airline. On the one hand, customers shouldn’t be penalized for voicing their concerns. On the other hand, this guy’s “complaints” included his luggage taking too long to come out on the carousel. Chill the hell out. [Associated Press via Daily Finance]
* A SAC Capital employee carefully weighed the “risk-reward” of complying with the “law.” [Dealbreaker]
* Former Tyco CEO Dennis Kozlowski is getting paroled. Now I feel old because I represented a witness in that trial. [Dealbook / New York Times]
* A middle school principal in Texas is placed on administrative leave for banning students from conversing in Spanish at school. What a puta. [Associated Press via Business Insider]
* The rules to the self-proclaimed greatest law school drinking game of all time. Or a look at what Australian law school guys do instead of study. Video after the jump… [YouTube]
The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
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@example.com.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
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