King & Spalding’s willingness to drop a client, the U.S. House of Representatives, in connection with the lawsuit challenging the Defense of Marriage Act (DOMA) was such an obsequious act of weakness that I feel compelled to end your legal association with Virginia so that there is no chance that one of my legal clients will be put in the embarrassing and difficult situation like the client you walked away from, the House of Representatives.
I think it’s important for lawyers on the other side of the political divide from Paul, who’s a very fine lawyer, to reaffirm what Paul wrote [in his resignation letter from King & Spalding]. Paul is entirely correct that our adversary system depends on vigorous advocates being willing to take on even very unpopular positions. Having undertaken to defend DOMA, he’s acting in the highest professional and ethical traditions in continuing to represent a client to whom he had committed in this very charged matter.
– Seth Waxman, former U.S. Solicitor General (under President Clinton) and current WilmerHale partner, commenting to Washingtonian magazine on the decision of fellow former S.G. Paul Clement to resign from King & Spalding and join Bancroft PLLC. At Bancroft, the D.C. boutique law firm founded by former Assistant Attorney General Viet Dinh, Clement will continue to represent the Bipartisan Legal Advisory Group of the House of Representatives in its defense of the Defense of Marriage Act (DOMA).
The leading law firm of King & Spalding, which came under fire from LGBT rights groups after its defense of the Defense of Marriage Act (DOMA) became public last week, has moved to withdraw from the litigation. The firm cited problems with the vetting process applied to the engagement.
And Paul Clement, the former U.S. Solicitor General and King & Spalding partner who was going to spearhead the DOMA defense, is now a former K&S partner. He resigned from K&S this morning, in response to the firm’s withdrawal decision. Clement will continue his representation of the House of Representatives in DOMA litigation from his new home, Bancroft PLLC, the high-powered D.C. boutique founded by a fellow alum of the Bush Department of Justice, Georgetown law professor Viet Dinh.
UPDATE (12:20 PM): We reached out for comment to Professor Dinh, who said: “Paul wins the biggest cases and Bancroft solves the most complex problems. This is a no brainer. We will continue to do what Paul and I love doing most, which is to serve the best interests of our clients.”
Let’s take a look at King & Spalding’s stated justification for dropping the DOMA representation, and at Paul Clement’s resignation letter….
[A] lawyer who defends an individual or a law, no matter how unpopular or distasteful, helps ensure that the outcome is viewed as fair. If DOMA is struck down, the fact that it was defended effectively will make the victory for its opponents more credible…. We hope [Paul] Clement loses, but we don’t begrudge him the assignment. Even a lawyer of his skills will find it hard to defend a discriminatory law like DOMA.
They say that everyone is entitled to a lawyer. [FN1] But is everyone entitled to the services of former U.S. Solicitor General Paul Clement, one of our nation’s finest appellate advocates? At a discounted rate, no less?
As we mentioned in yesterday’s Non-Sequiturs, the U.S. House of Representatives has hired Paul Clement and Clement’s law firm, the venerable King & Spalding, to defend the Defense of Marriage Act. DOMA, which essentially bars recognition of same-sex marriages for purposes of federal law, has been struck down in part by various federal courts, and the Obama Administration has decided to stop defending the 1996 law in constitutional challenges.
So the House Republicans have stepped up to the plate to defend DOMA. And they’ve hired some high-powered counsel for the task, namely, Clement and King & Spalding.
The contract between the House and King & Spalding was made public today by the office of House Minority Leader Nancy Pelosi (after Speaker John Boehner declined to release it). The agreement contains some interesting tidbits, including the hourly rate the House will be paying, as well as a cap (although an adjustable one) on the fees to be paid to K&S.
* House Speaker John Boehner and former U.S. Solicitor General Paul Clement, now at King & Spalding, have joined forces to fight marriage equality by defending DOMA. Talk about two people who will not be taking their talents to South Beach. [The BLT: The Blog of Legal Times]
* The tax returns of Barack Obama and Joe Biden have been made public. Notes Professor Paul Caron: “It’s amazing how much more politicians give to charity in years in which they know their tax returns will be released to the public (although Biden still tosses around gifts to charity like manhole covers).” [TaxProf Blog]
* If you were underwhelmed with OCI at your law school, a new service — JD Match, founded by law-firm consultant and blogger Bruce MacEwen — wants to try to match you up with employers ready to hire. [WSJ Law Blog]
* People keep acting like their law firms are hunting for associates expressing discontent. But law firms aren’t as paranoid as Roger Ailes. [Gawker]
* It’s always nice when our nation’s legal system comes to the defense of punk bands. [Los Angeles Times]
* It’s almost time for the anniversary of the historical basis for Texas thinking it’s better than everybody else. [The Defense Rests via Blawg Review]
As we mentioned earlier this week, Steve Sanders — a fourth-year associate at Mayer Brown, no relation to the 90210 character — argued before the U.S. Supreme Court on Wednesday.
When we emailed him on Wednesday to set up an interview, we received this rather straightforward Out of Office message:
I’ll be traveling on client and professional business Monday, 11/2 through Saturday, 11/7. I will have access to email, but my response may be delayed. Thanks.
How modest! If we had been in Sanders’s shoes, we would have used this Out of Office auto-reply:
Oyez, bitchez!!! Today I’m arguing before the freakin’ Supreme Court of the United States. Later, haters!!!
But that’s not Steve Sanders’s style. He is dignified and professional, as we discovered when we caught up with him by phone after his argument.
As we mentioned in our recent open thread on appellate work, Mayer Brown has one of the best appellate and Supreme Court practices in the country. The firm is also known for being rather democratic when distributing SCOTUS arguments; they tend to spread the argument wealth around, instead of funneling all the arguments to a single prominent advocate.
Make that very democratic about doling out SCOTUS arguments. Today Steve Sanders, a fourth-year associate in Mayer’s Chicago office, argued the case of Pottawattamie County v. McGhee before the U.S. Supreme Court.
Of course, Biglaw associates have appeared before the high court before. E.g., Lindsay Harrison of Jenner & Block, who also argued — and won — her first case at One First Street. But one thing that’s unusual about Pottawattamie County is that it’s a paying case, not a pro bono matter.
Sanders has some serious opposition. Read more, after the jump.
Could it be? A message for ATL from Paul Clement, the 43rd Solicitor General of the United States?
(It’s not completely out of the question. We have written about Clement a fair amount, and we have also met him in person.)
The lowercase type for his name seemed a little odd. But some very prominent attorneys, like John Quinn of Quinn Emanuel, use lowercase type for email messages. Based on the subject line, “Order,” we guessed that perhaps the former SG wanted to share a funny court order with us.
Read the message from Paul Clement, after the jump.
Ted Olson seems like a solid, non-controversial choice. Terwilliger would definitely be the most fun name to have as AG. Senator Hatch is an interesting choice, but I’m not sure he’s interested. We took a class from Thompson in Anti-Terrorism and Criminal Procedure at UGA Law, and we liked him well enough. Clement is a logical choice I suppose as the current acting AG.
Here’s hoping that it is one of these guys, and not one of the crazy names being thrown around on Monday, like Michael Chertoff. Let’s try to go with somebody with a history of, I dunno….competence.
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at email@example.com in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
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