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* Latter-day Dan Fielding seems to have used his office to meet the ladies: alleged to have had an affair with and then impregnate a woman he prosecuted. When she raised the issue with his wife, he filed a motion to revoke her probation. This is all terrible, but the weirdest part was having to have her defense counsel in the bedroom the whole time. [Lexington Herald-Leader]

* Woman shot a guy because he didn’t ejaculate enough. The most dreaded words in that neighborhood must be, “Omar’s not comin’ yo.” [Detroit Free Press]

* What caused the child immigration crisis at the border? Turns out it was Free Slurpee Day. Who knew? [CNBC]

* Overcommunication is a virtue. Did you hear that? Overcommunication is a good thing. It really is. You should overcommunicate. It’s good. [What About Clients?]

* Judge J. Harvie Wilkinson III thinks the criminal justice system is just super. As far as innocent people going to jail, them’s the breaks. [Wrongful Convictions Blog]

* A guy’s guide to lawyerly fashion. It misses my personal pet peeve: use collar stays! Seriously, how do people not know this? [Attorney at Work]

* There were a record number of data breaches in New York last year. The problem is the persistent use of 12345 as a password. [Information Law Group]

Hop in the DeLorean and travel back in time with us.

In our two most recent Flashback Friday posts, we looked at associate compensation in the 1990s. Today we’ll take a break from that topic and mix it up a bit. (We’ll return to cover associate comp in the remaining batch of legal markets at some point in the future.)

Last week we looked at associate pay in New York in the 1990s. Let’s stay in that city and that decade and examine another subject: NYC’s top law firms, circa 1991.

Some of these firms remain on top today. And some of them are six feet under….

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Ed note: Today’s LSAT advice comes from our friends at Blueprint LSAT Prep, featuring live LSAT classes across the country and the online LSAT course Blueprint: The Movie — which are now open for enrollment for the 2014 September LSAT.

Taking the LSAT has apparently gone out of style. LSAC just released the numbers from the June 2014 LSAT, and only 21,802 law school hopefuls took the test. That’s down 9.1% from June of last year, and down 33.9% from the June LSAT’s peak in 2010. The last time so few took the June LSAT, Bill Clinton was president and Beyoncé was known primarily as a member of Destiny’s Child.

The continued decline in the number of LSAT takers is good news for aspiring lawyers as it’s likely that the number of law school applicants will similarly continue to decline. That, in turn, means less competition in law school admissions. Perhaps more importantly, there’s likely to be less competition for legal jobs in a few years, as that decline in law school applicants translates into fewer law school graduates.

Continue reading at the ATL Career Center…

Senators Marco Rubio and Mark Warner introduced a bipartisan student loan bill yesterday aimed at reducing default rates. The bill, called the “Dynamic Student Loan Repayment Act,” would limit all student loan repayment to 10% of discretionary income.

The plan is terrible for the poorest students. Currently, the federal income-based repayment program, called Pay as You Earn or PAYE, also requires 10% of discretionary income, but it calculates “discretionary” at 150% of the poverty line. The Rubio/Warner plan kicks in at $10,000… which is a lot less than 150% of the poverty line.

Also under PAYE, if you have more than $57,500 of debt after 20 years of repayment, PAYE forgives your loan. Under Dynamic Repayment, that goal post is moved to 30 years out. I guess the upside is that under Dynamic Repayment, there’s a better chance that you’ll die still owing money.

Again, if you are poor, this new plan isn’t great. But since when do Republicans or even Democrats care about the truly poor?

Continue reading on Above the Law Redline…

Judge Stephanie Domitrovich

Do you even ethics bro?

– Language on a t-shirt depicting Judge Stephanie Domitrovich, worn by a man at the Erie County Courthouse yesterday. The man was asked to leave. Judge Domitrovich is currently facing ethics charges having to do with her alleged “unpatient, undignified and discourteous” treatment of parties.

Keith Lee

Yesterday I went for a run, my usual 5k. I had given some thought to going farther than normal but when I got to the point where I could keep going, the trail crossing over the creek was flooded. I was stymied. Guess I’ll be sticking to 5k. Time to turn around.

I made it two steps before I stopped. Was I really going to let some water stop me from pushing myself? Give up at the first obstacle I came across? I pivoted and made my way through the woods away from the trail and towards the road.

I had to run a few blocks on the road away from my usual route to get to a different bridge over the creek. Then back to the trail and on my way — 10k instead of 5. Double my regular run. My lungs burned, legs tired. I felt great. And I almost didn’t do it because there was a trickle of water in my way….

double red triangle arrows Continue reading “Choose The Difficult Path”

During a time when demand for legal services is flat, average revenue per lawyer is down, and managing partners’ overall confidence in the market is slipping, the proper keeping of time for all of those billable hours generated by toiling associates has never been more important. For better or worse, law firms are desperately trying to incentivize associates to submit their hours on time.

As we mentioned way back in 2010, “Time keeping is more accurate when you do it every day (as opposed to trying to recreate your days at the end of the week or month). Firms are struggling to collect from their clients. And, for what it’s worth, billing hours is part of the job for attorneys.”

Another part of an attorney’s job is the ability to follow rules. One Biglaw firm just rolled out a new time entry policy, and if its associates don’t follow these rules, they can expect some pretty negative consequences when bonus season comes around…

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You know, when it comes to publicity rights, that expansion of law that masturbates celebrity egos like no other, I can laugh it off when we hear from the likes of Lindsay LohanKatherine Heigl, and Dan Snyder. I mean, sure they’re famous and rich, but they still probably deserve that famous Hitchhiker’s Guide designation of “mostly harmless.” That their attacks on anyone who dares make even the barest reference to their holy visages typically fail usually serves as enough mental closure in my mind to keep the dogs from barking in my head at night.

Manuel Noriega, on the other hand, is an entirely different animal and his lawsuit against Activision over his portrayal in a Call of Duty game just makes me angry…

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Well, you’ve got to hand it to them: if we’re going to say that corporations are people, then we need to start subjecting them to criminal sanctions for committing victimless crimes. It’s only fair. So it’s heartening this morning to see that the government has secured an indictment — based on a 9-year investigation — of a major corporation for dealing drugs. Welcome to personhood in America!

And this is not some pharma company trying to get America hooked on the new Prozac. We’re talking about a non-pharma company peddling illegal drugs and getting called out on it by the feds….

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The old ball and chain, dischargeable in bankruptcy only in the most limited of cases. Go ahead, try and prove you’ve got a ‘substantial hardship’ preventing you from paying. We dare you.

* Now that a federal judge has classified California’s death penalty as unconstitutional, it’s only a matter of time before the issue reaches the Supreme Court. We have a feeling the justices will likely roll their eyes. [National Law Journal]

* Word on the street is that Bingham McCutchen has got the urge to merge, and has apparently spoken to a handful of potential partners over the course of the past three months. We’ll have more on these developments later. [Reuters]

* As it turns out, it was neither Wachtell Lipton nor Jenner & Block that managed to snag the coveted GM litigation oversight job. Nice work, Quinn Emanuel — you’re considered a “well-respected outside law firm.” [WSJ Law Blog]

* Congrats, Flori-duh, you did something right. A state court judge has ruled that Florida’s ban on gay marriage violated the U.S. Constitution in the latest post-Windsor victory for equality. Yay! [Bloomberg]

* Thanks to their hundreds of thousands of dollars in law school debt, many graduates are considering declaring bankruptcy. Too bad most won’t be able to get their loans discharged. [Connecticut Law Tribune]

On Tuesday evening, I returned to the offices of Wachtell Lipton, the law firm where I toiled as an associate years ago. Luckily, I wasn’t there to bill hours; instead, I attended a reception marking the launch of a delightful new book, The Mother Court: Tales of Cases that Mattered in America’s Greatest Trial Court (affiliate link).

“The Mother Court” is the nickname for the U.S. District Court for the Southern District of New York, regarded by many as the preeminent federal trial court in the nation. In the book of the same name, James Zirin, a leading litigator who’s now senior counsel in the New York office of Sidley Austin, shares with readers the fascinating history of this top tribunal.

In a review that ran yesterday in the New York Law Journal, Thomas E.L. Dewey hailed the book as a “richly textured, immensely readable overview of the modern history of the Southern District of New York.” Last month, in the New York Review of Books, Judge Jed Rakoff praised Zirin’s “fluid prose and eye for detail.”

What fun tidbits and interesting opinions did James Zirin share in his remarks on Tuesday night?

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Hurry up, you don’t have much time.

* A company has limited bathroom breaks to 6 minutes daily. Well, gutting pensions and suppressing wages hasn’t caused a revolution, why not let it ride? [Slate]

* A Florida town has imposed criminal sanctions against sagging pants. But Chief Justice Roberts told me racism was over in the South… [Fashionista]

* Who says crime doesn’t pay? [CBS News]

* Mayer Brown wants you to think the Supreme Court wasn’t tilted toward business interests this Term. Yes, we all know how Homer City turned out, but maybe it’s worth evaluating this based on how important the cases were. Is Petrella really equivalent to Noel Canning? [Mayer Brown]

* Not one, but two former Utah Attorneys General charged with corruption. [Deseret News]

* The CFPB brought suit against a debt collection lawsuit mill. A working CFPB. One more great thing we used to get from recess appointments. Thanks Breyer. [CFPB]

* Oh no. A law school tuition Kickstarter. [Kickstarter]

* New York tried to help homeowners facing foreclosure. Unfortunately, the law didn’t create a remedy if the banks refused to follow the law. Well, it was our fault for thinking Albany could do something right. [WiseLaw NY]

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