And no, it’s not about lowering their reversal rate in the Supreme Court. In fact, in recent years the Sixth Circuit has surpassed the Ninth Circuit as the most-reversed appeals court in SCOTUS. (Veteran Supreme Court litigator Tom Goldstein also pointed this out at our ATL reception with him a few weeks ago.)
So how can you help out the Ninth Circuit? It’s a very easy and simple request, sent to us from Chief Judge Alex Kozinski….
One of the most important voices in the academic legal community, particularly on the topic of the business of law, and Biglaw in general, is Professor William (Bill) Henderson of Indiana University’s Maurer School of Law. I personally have long admired his work, and I was very pleased when he reached out to me after he had read my column on Biglaw’s “sticky seniors” problem.
At that point, I asked him if he was willing to do a written interview, and he graciously agreed, on the condition that he later have the opportunity to ask me questions. I look forward to doing so, and in the meantime I hope you find his answers to my questions as informative as I did. I’d like to thank Professor Henderson for agreeing to this interview, and for all the important work he is carrying out. As with my prior interviews, the commentary below Professor Henderson’s answers is mine alone.
AP: You got in touch with me regarding my column on Biglaw’s issues with senior partners. What are your thoughts on the issue?
Last week, we joked about the glacial pace of the 2013 Biglaw bonus season. After all, Cravath made its announcement on December 9, and in that time, we’ve only heard from as many firms as days have passed since that time — seven.
Well, maybe things are finally heating up. Yesterday afternoon, two more firms sent out word of their associate bonuses by class.
* Stan Stallworth, the Sidley partner accused of sexual assault, has hired a prominent criminal defense attorney to represent him in the case while the firm stands by its man. [Am Law Daily]
* Wall Street regulators are considering approval of a formidable version of the Volcker Rule that would ban banks from proprietary trading. Voting occurs later today. [DealBook / New York Times]
* Skadden Arps has asked a judge to toss an FLSA lawsuit filed against the firm by one of its document reviewers. Aww, silly contract attorney — there’s no way you’re getting overtime pay. [Law360 (sub. req.)]
* Weil Gotshal is still leaking like a sieve. This time, Bruce Colbath, a partner from the firm’s New York office, defected to the Antitrust and Trade Regulation practice group at Sheppard Mullin. [Market Wired]
* Lawyerly Lairs, China Edition: Raymond Li, chair of the Greater China practice at Paul Hastings, just purchased a townhouse for about $95 million — and paid “mostly in cash,” homie. [Wall Street Journal]
* They’re extremely tardy to the party, but if the ABA Section of Legal Education and Admissions to the Bar gets its way, law schools will be subject to random audits of their employment stats. [ABA Journal]
* It’s a tough job that “can really beat you down,” but an organization called Gideon’s Promise just made it a whole lot easier for law students to secure jobs as public defenders in the South. [National Law Journal]
Thanks a lot to everyone who came out last Thursday night to attend the Above the Law holiday party. This year’s festivities were extremely well-attended (the bar was packed), and the entire crowd enjoyed all of the specialty drinks that were served. Thanks to our sponsors, Superior Discovery and Prestige Legal Search, for making such a great evening possible.
If you weren’t able to make it out, don’t worry — we’ve got you covered. Here are some of the pictures from a night that was full of fun and fabulosity…
* Good news if you’re a better golfer than your buddies: if you play in New Jersey, you’re not liable when another member of your group injures someone with an errant ball hit into the proverbial lumber yard. On the other hand, you’ll have to be in New Jersey. [The Legal Blitz]
* Hank Greenberg continues his effort to throw roadblocks in the way of the NY AG investigation into AIG. Now he’s accusing the AAG on the case of ethical lapses, which is only fair since that’s what everyone else is accusing Greenberg of. [NY Daily News]
* It’s official: Biglaw fees are unreasonable. At least by South Florida standards. [South Florida Lawyers]
* A Nevada judge was charged with misdemeanor manslaughter in the death of a bicyclist. If convicted, he could spend up to six months in jail. I’d like to imagine this would play out a lot like when Rorschach went to prison. [Associated Press]
* If you’re in NYC tomorrow evening, the New York City Bar Association is hosting a free event titled “The First Amendment in an Age of Terror” featuring Professor Jonathan Hafetz of Seton Hall University School of Law; James Goodale of Debevoise & Plimpton; Judge Robert D. Sack; Spencer Ackerman, the U.S. National Security Editor for The Guardian; and Jameel Jaffer, Deputy Legal Director, American Civil Liberties Union. [New York City Bar Association]
* Syracuse College of Law students have an early Law Revue video for us. Strap in for a Mariah Carey parody that involves a baby getting a hatchet to the face. That sounds way darker than it really is. Video embedded below….
Even for those who’ve always fantasized about hanging a shingle, the reality is that going solo can be a tough, lonely experience. From bringing in business, handling clients’ matters and paying rent and other bills, you’re completely and entirely on your own. No one else around to share the burden or expenses, to have your back, to listen to your complaints, or to blame. Still, as challenging as it is for a lawyer to start a firm solo, as the song goes, two can be as bad as one.
On the surface, partnering up to start a firm seems like a no-brainer. Partners can share costs for office space, legal research, fancy stationery, and maybe even an assistant or an associate, so you can start out in style, with much more than you might be able to afford on your own. Plus, firms are often able to get better bulk deals from vendors and thus, avoid the solo tax. On the practice side, a partner may contribute strengths that you may lack. For instance, you may be a legal genius, but also an introvert who’s afraid to ask a colleague to lunch. A partner with marketing or networking skills can compensate for your deficiencies. And a partner can also be a selling point for a small firm since you can also assure clients that you have back-up who can cover if something happens to you.
Finally, starting a firm with someone else to share the experience can be more fun. All of the cool kids in the start-up world have partners — though in that universe, partners go by the hipper title of “co-founder.” Apparently 2.09 team members is the ideal number for a start-up — and, in fact, co-foundership is so popular in the start-up world that there are several websites that function solely as matchmakers for entrepreneurs looking for to team up.
Still, just as partnerships don’t work all the time for entrepreneurs — in fact, 62 percent of businesses fail due to co-founder conflicts — the same is true for lawyers. And often for the same reasons….
Well, the bonus scale has been set. Cravath led — by copying their bonus payments from last year — and now everybody is following. I’m on record saying that these bonuses are underwhelming and disappointing.
Gone are the days where the first-year bonus represented a significant chunk of your law school debt. Sure, you can pay down some interest with your bonuses, or you can prudently save it, or maybe even invest it. But you can also blow it. I mean, it’s a “bonus,” right? In this depressed market, your bonuses look less like deferred compensation and more like “found money.” Instead of making a fiscally sound decision, using your bonuses for profligate, discretionary spending might make you feel better. (Disclosure: Elie Mystal is not a registered financial adviser and is too… stupid to follow a budget.)
Bonuses range from $10,000 for first-year associates to $60,000 for senior people. Professor Paul Caron of Tax Prof Blog tells me that associates can expect to take home about 60% percent of that, depending on where they live and how many dependents they have.
What can a young lawyer buy with that? In addition to what’s in the ATL holiday gift guide, here are 10 things…
Law firms certainly have an interest in protecting their reputations from all threats foreign and domestic. By domestic, of course, we mean the damage that a lawyer can cause by posting dick picks on any of the multiple social media platforms out there. Social media snafus can reveal professional lapses or dangerous biases.
And if a lawyer embarrasses themselves on the Internet, there are people with high-profile, industry-leading publications that might just write about it.
But social media policing can also degenerate into paranoid intrusions into the private lives of lawyers. One firm has a social media policy that reads like the PATRIOT Act — at least to the extent it seems to provide the firm open-ended authority to govern the social media profiles of its lawyers….
I think the tongue-in-cheek answer would be that I was surprised because of how much [Justice Samuel Alito's] done in the way of supporting anti-discrimination laws over the years. But that would be just a facetious comment.
If you think most legal technology misses the mark, LexisNexis Firm Manager® wants to change your mind. Read more about it here.
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When Chintan Panchal decided to leave a global BigLaw partnership to start his own firm, he could only hope that he would face the high-quality problem of firm building that many had cautioned him about. Focused on the uncertainty surrounding of a new firm launch, he decided to tackle staffing needs, IT challenges, and financial planning requirements after he had built up his legal practice.
Panchal Associates LLP–a corporate/finance and outside general counsel boutique–was quickly off to a great start. Clients and matters were flying in the door, and Chintan soon had a team of lawyers and staff with a variety of operational needs. To continue building an excellent team and provide them with a competitive benefits package, to expand his physical presence to include a European practice and additional partners, and to scale his operations and IT capabilities to support this growing enterprise brought with it demands of time, money, and expertise. Chintan knew he needed help.
“With the assistance of NexFirm, we have upgraded the capabilities of our firm to meet, and in some cases exceed, the standards we were used to at our former BigLaw firms. Operationally, we can now attract and service clients we didn’t have the bandwidth to support in the past, and continue to build our team with the best and brightest legal talent in the industry,” said Chintan Panchal, adding “It has worked out quite well in our case; NexFirm is an essential partner for us.”
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…
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