Pro Bono

Case Closed: David Otunga Steps Out of the Ring to Return to the Courtroom

By Staci Zaretsky

David Otunga

If you’re a longtime reader of Above the Law, then you’ll remember Harvard Law School graduate and former Sidley associate, David Otunga. We’ve previously written about Otunga’s adventures in reality television on VH1′s I Love New York, his engagement to singer-actress Jennifer Hudson, and his foray into the wonderful world of “professional” wrestling with World Wrestling Entertainment.

Otunga’s been flexing his muscles in the ring since 2008, but our tipsters were unimpressed, noting, “From Harvard Law School to I Love New York to the WWE. Unfortunately the next stop is probably porn.” Well, sorry to disappoint you, but Otunga hasn’t signed up for his porn industry debut just yet. Instead, he took a momentary break from wrestling to make his return to the courtroom.

Was he able to lay down either of his finishing moves (the Verdict and the Case Closed) to pull out a win?

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Associate Bonus Watch: Goodwin Procter Makes Good

By David Lat

Tomorrow, associates at Goodwin Procter will receive individualized news of their bonuses. You may recall that last month, when ATL’s new director of research, Brian Dalton, compiled a list of Biglaw’s ten most generous firms — i.e., the ten firms that pay the best bonuses, when measured against their profits per partner — Goodwin did good, winning fourth place. (The firm fares well in rankings; last month, it made Crain’s list of best places to work in New York.)

Will this year’s bonuses preserve Goodwin’s good standing? Let’s find out. Although the individual amounts are being communicated tomorrow, the firm has outlined its overall approach in a memo….

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Supreme Court Rules on Sullivan & Cromwell’s Mailroom of Death

By David Lat

SCOTUS has spoken on S&C's screw-up.

We’ve previously written about the mailroom of death at Sullivan & Cromwell. To make a long story short (read our prior posts for the full background), a mailroom mix-up at 125 Broad Street caused an Alabama death-row inmate to miss a deadline for filing an appeal. The Eleventh Circuit rejected the condemned man’s attempt to reopen his case.

Presumably feeling bad for what had happened, S&C appealed to the Supreme Court. The firm hired a leading SCOTUS advocate — former Solicitor General Gregory Garre, now a partner at Latham & Watkins — to argue that prisoner Cory Maples shouldn’t forfeit his life because of S&C’s screw-up.

This morning, the Supreme Court handed down its ruling in Maples v. Thomas. What did the high court have to say?

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Congratulations to the 2012 Skadden Fellows

By David Lat

It’s that time of the year again. No, we’re not talking about the Above the Law holiday party, which happened already. Or the ATL holiday card contest, which is now underway.

It’s time for celebration of a different sort — time to celebrate, and congratulate, the latest class of Skadden Fellows. The winners of these prestigious public interest fellowships were just announced, as they are every December.

As explained in the Skadden Fellowship Foundation’s press release, the 28 new fellows are graduating law students or judicial law clerks who are devoting their careers to public interest work. They’ll be working for organizations located in nine states and the District of Columbia, “focusing on issues ranging from the health and safety of low-wage immigrant workers in California to representing Russian-speaking victims of domestic violence and sex trafficking in New York.”

(Baby Jesus would be proud of what they do. Unless they work for the ACLU and try to ruin his birthday.)

Who are the Skadden fellows for 2012? Which law schools produced the most fellows? And what’s different about this year’s program compared to past years?

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Career Center: Three Ways the Holidays Can Boost Your Résumé

By Above the Law

For most of us, the holidays are synonymous with family, fun, and fruitcake. Work, at least for a few days, drops off our radar. However, the down time received during the holidays is the perfect time to break out the old résumé and, in fact, improve it. Whether or not you are looking for a new job, keeping your résumé current will help you avoid headaches in the coming months should you decide to make a move.

Here are three ways the holidays can help update your résumé, provided by the recruiters at Lateral Link….

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Morning Docket: 11.29.11

By Staci Zaretsky

Cristina Fierro: not of age.

* Here’s something that’s actually worth crying over instead of your “meh” bonuses. Much like this year’s Cravath scale, Biglaw pro bono hours will likely be stagnant or cut altogether. [Fortune]

* What’s the point of fleeing if you’re just going to let yourself get extradited? Ex-Crowell & Moring counsel, Douglas Arntsen, will return to New York to face grand larceny charges. [New York Law Journal]

* Knock it off: the feds took down 150 sites selling counterfeit goods yesterday, alleging willful copyright infringement. So much for all of those too-good-to-be-true Cyber Monday deals. [Blog of Legal Times]

* It’s pretty much impossible for Gloria Allred to take a client who doesn’t have a vagina. Her latest litigant, 16-year-old Cristina Fierro, is suing Lawrence Taylor for sex trafficking. [New York Post]

* Finally, some Spider-Man drama that we can get behind, unlike that Turn Off the Dark crap. Tobey Maguire has settled his illegal poker lawsuit, and he didn’t even have to go all in. [CNN]

* Sorry, Chick-Fil-A, but no one is going to be confusing your “chikin” trademark with kale. Maybe like 3% of your customers even know what kale is. And that’s being generous. [Huffington Post]

Morning Docket: 11.16.11

By Staci Zaretsky

* One of the reasons that members of Congress are so filthy rich is because they’re only technically breaking the law, but Scott Brown wants to try to curb Congressional “insider trading.” [CBS News]

* In other Congressional news, pizza is now considered a vegetable. And fat people the world over rejoiced by stuffing their faces and continuing to clog their arteries. But not me, because goddamn do I hate pizza. [MSNBC]

* MMA fighters sue, saying the ban on fighting in the state of New York is unconstitutional. If beating someone’s face in is an art form, then Anderson Silva is this generation’s Picasso. [New York Daily News]

Find out whose face the Spider should beat next, after the jump….

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Size Matters: Get Attention for the Right Reasons

By Valerie Katz

When doing research for my columns, I spend a lot of time thinking about how small-firm attorneys can get the right kind of attention. I can easily find examples of getting the wrong kind of attention: Kim Kardashian, Conrad Murray, and that child-bride who married the guy from Lost. Then, I received an email from a young small-firm lawyer practicing in Winston-Salem who provided me with a positive counter-example.

Michael Wells, Jr. practices personal injury law, litigation, and estate planning at Wells Jenkins Lucas & Jenkins PLLC. Wells is the youngest lawyer at this ten attorney firm. One of the other ten is his father, Michael Wells, Sr. Early on in his career, Wells set out to distinguish himself from his highly successful father and he has succeeded. The lessons he learned along the way can provide a useful road map for young attorneys….

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Size Matters: Announcements and RFPs

By Valerie Katz

With the departure of Jay Shepherd, I am now (at least temporarily) filling the role of small firm chica (Val) and small firm expert (Jay). Let me tell you, it is exhausting.

So, I am going to do what any smart, small-firm partner would do in this situation, and I am going to delegate. And, by delegate, I mean push the work off on you.

I have a few new features that I would like to unveil (and I swear, it will be better than the new Facebook)…

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Fordham University: Teaching Kids How to Ignore the Homeless, One Beet or Carrot at a Time

By Staci Zaretsky

A week or two ago, someone asked us why we use Fordham Law as our personal punching bag. We don’t. The school just provides us with great fodder to write about. Yeah, we might joke about graduates of Fordham being homeless, but some law students at the school are actually trying to help the less fortunate. You know, the thing that lawyers are supposed to do?

Take, for example, Michael Zimmerman. He’s a current 3L at Fordham Law who founded a farm-share program called Farm to Fordham. Amazingly, we’re not talking about a Facebook program. Zimmerman did this in real life. For a small fee each semester, students, faculty, and staff were able to purchase a share of fresh produce from a farm in central New York. Nearly 100 pounds of vegetables were donated to a local soup kitchen with every delivery. The program was so successful that even Michael Martin, the dean of Fordham Law, had enrolled as a member.

This sounds like a wonderful program, right? A future lawyer was supporting his community with a laudable service project. That’s probably why Fordham University decided to shut it down….

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Non-Sequiturs: 08.31.11

By David Lat

* Some thoughts from our colleague Matt Levine on the Justice Department’s opposition to the AT&T/T-Mobile merger. [Dealbreaker]

* Judge Sam Sparks (W.D. Tex.), king of the benchslap — yes, we already covered his latest handiwork, so no need to email the “kindergarten party” order to us again — has blocked key parts of the Texas sonogram-before-abortion law. [How Appealing]

* Meanwhile, Allen E. Parker Jr., the lawyer on the receiving end of a recent Sam Sparks special in the abortion case, had this to say about His Honor’s saucy order. [Tex Parte Blog]

* Nice work if you can get it: a pair of incoming DLA Piper associates will get paid $145,000 to $160,000 to do pro bono work for a year. [Am Law Daily]

Sen. Chuck Grassley (R-IA)

* Think you’re tough, NYC lawyers? “A D.C. attorney attacked a man with a live power line — downed by Hurricane Irene — during an altercation in which the lawyer used his car as a battering ram against his alleged victim, police said.” [Georgetown DC Patch]

* The ABA and Senator Chuck Grassley continue to be pen pals. Here is law librarian Mark Giangrande’s take on the ABA’s latest response. [Law Librarian Blog]

* Interesting analysis: “How the Media Treated Mexico’s Mass Murder.” [The Awl]

* I agree with Professor Eugene Volokh: “people are constitutionally entitled to speak the truth about others, even with the goal of trying to get them fired.” [Volokh Conspiracy via Instapundit]

* I found a special friend on OkCupid, but the site wasn’t as helpful to Alyssa Bereznak, who had an unfortunate experience dating a world champion of Magic: The Gathering. [Gizmodo]

* If you’d like to check out Billable Hours: The Movie, here’s your chance (until September 10). [NexTV]

* And if you prefer live entertainment, tomorrow night check out the September 1 showcase of Comedians-at-Law (bios here; maybe you know some of these guys). [Comedians-at-Law]

Quote of the Day: Leave the Law to the Lawyers

By David Lat

[A] rush to open the practice of law to unschooled, unregulated nonlawyers is not the solution [to the justice gap]. This would cause grave harm to clients. Even matters that appear simple, such as uncontested divorces, involve myriad legal rights and responsibilities. If the case is not handled by a professional with appropriate legal training, a person can suffer serious long-term consequences affecting loved ones or financial security.

– William T. “Bill” Robinson III, president of the American Bar Association (ABA), in a letter to the editor of the New York Times. Robinson’s letter responds to an NYT staff editorial arguing that “allow[ing] nonlawyers into the mix” could help address the justice gap, i.e., low-income Americans’ need for legal services.

And the Associates Rejoiced: Now Almost Everything Is Billable at Jenner & Block

By Staci Zaretsky

Lawyers like to complain about the billable hours requirements at their firms. A common question seems to be what will count and what won’t. In this line of work, time is money, and many associates want to know if they’re wasting their time.

If the firm makes you go to a professional development event, are you losing out on hours? If you get wrangled into doing pro bono work, are your weekly billables for paid clients going to plummet? And will that ultimately get reflected in your bonus check?

Yesterday, we lamented the fact that we often report on depressing news about the state of the legal profession in this country. Today, we actually have some good news. Jenner & Block realized that their lawyers shouldn’t be toiling away in their dungeons offices and forgoing pro bono opportunities in order to meet their billable hours requirements.

The firm remembered that this profession is supposed to be about helping the less fortunate, and it has adjusted its policies accordingly….

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Quote of the Day: A Modest Proposal

By David Lat

State bar associations could help address [low-income Americans' need for legal services] by requiring lawyers to report their pro bono service — such disclosure would likely increase many lawyers’ service to the recommended 3 percent to 5 percent of their paid work. Another step is to allow nonlawyers into the mix. The American Bar Association has insisted that only lawyers can provide legal services, but there are many things nonlawyers should be able to handle, like processing uncontested divorces.

– a New York Times staff editorial entitled Addressing the Justice Gap, which offers several proposals for reform of the legal profession. You can read the full piece here.

All Rise! Reema Bajaj’s Bajayjay Is Now In Session

By David Lat

Reema Bajaj: pretty and professional.

I have previously expressed my belief in the innocence of Reema N. Bajaj, the 25-year-old lawyer who has been charged with prostitution. This Illinois solo practitioner didn’t strike me as a prostitute — and some who know her personally concur. A classmate of Bajaj from Northern Illinois University College of Law expressed his shock at the charges, and college students whom Bajaj taught described a caring and considerate teacher — an unlikely lawbreaker.

But, in fairness to the prosecution, evidence does exist that could be construed as supporting the charges. And some of this evidence is rather salacious — to wit, photographs of Reema Bajaj’s bajayjay.

If you have delicate sensibilities, please stop reading here. If you have a stomach for somewhat scandalous (but still safe for work) material, however, you may continue….

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New Data on Law Firm Diversity

By David Lat

The good folks over at Building A Better Legal Profession — a national grassroots movement that we’ve written about before, which seeks market-based workplace reforms in large private law firms — have updated their online directory and rankings of law firms with new information for 2011. The updated rankings shed light on which top law firms are excelling in such areas as diversity and pro bono work, and which ones still have some work to do.

Let’s look at some highlights from the new data, on such subjects as diversity, partnership, and associate attrition….

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A Little Chat

By The People's Therapist

Ed. note: This post is by Will Meyerhofer, a former Sullivan & Cromwell attorney turned psychotherapist. He holds degrees from Harvard, NYU Law, and The Hunter College School of Social Work, and he blogs at The People’s Therapist. His new book, Life is a Brief Opportunity for Joy, is available on Amazon (affiliate link).

Some big law firms are like the mob. They do ugly things, but prefer to avoid “ugliness.” The partners, like the capos of major crime families, have delicate constitutions.

Ugliness could result from ill-considered communication. For that reason, a capo – or a partner – isn’t going to tell you what he really thinks. That would be indelicate. It could lead to misunderstandings.

You, in turn, shouldn’t tell a partner what you really think. That could lead to sleeping with the fishes.

My client recently received a lesson in partner communication…

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How Much Was Joe Flom Worth? Some Clues From His Will

By David Lat

Joseph Flom

Back in February, Joseph Flom — name partner at Skadden, Arps, Slate, Meagher & Flom, and one of the nation’s most successful and prominent lawyers — passed away, at the age of 87. During his life, Flom earned well-deserved renown as an attorney, philanthropist, and mentor. He was also a wonderful father, grandfather, and great-grandfather, many times over.

Joe Flom, R.I.P. — and R.I.C.H. As you might expect from the name partner of one of the world’s largest and most lucrative law firms, Flom left behind a vast fortune.

It might seem tacky to talk about this. But that hasn’t stopped us before given Flom’s commitment to charity, it’s actually heartwarming to see all of the worthy causes that will be receiving much-needed funds from the Flom estate.

So how much are we talking about? And who are beneficiaries of his will?

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Should Working Students Pay for Their Pro Bono Classmates?

By Elie Mystal

Incoming summer associates, would you donate one day of your summer salary to help other students at your school who did not get summer jobs? Would you donate that money for a pro bono or public interest cause? Would you donate that money so your law school could fund the pro bono interests of other students?

Or am I giving you a false choice? Is it offensive to suggest that your law school needs one cent of your hard-won salary to fund public interest programs that should be covered by your tuition?

These are the questions facing students at one law school, thanks to an interesting donation request from the school’s administration. This isn’t a public interest auction like you’ll see at many law schools, where students with extra cash can bid on items, and auction proceeds are used to fund public interest fellowships. Rather, this is a direct request for a redistribution of income.

And I’m not sure if this is laudable or monstrous…

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Size Matters: Good Deeds Can Come In Small Packages

By Valerie Katz

Ed. note: This is the latest installment of Size Matters, one of Above the Law’s new columns for small-firm lawyers.

I have written this column from many places: my parents’ couch, my local Starbucks, my bed, etc. I have yet to try it from atop a soapbox, but here goes.

It is common knowledge that the need for pro bono services is increasing as funding for pro bono organizations is decreasing (or ceasing altogether). As explained by ABA President Stephen Zack, in a letter opposing cuts to funding for the Legal Services Corporation, “[f]inancially, many Americans are still hanging on by their fingernails. The worst thing that could happen is to lose the place people can turn to when their money woes create legal problems.”

Similarly, as explained by Esther Lardent, President of the Pro Bono Institute, in her address at the 2011 Annual Seminar and Forum on In-House Pro Bono, with regard to the impact of the economic downturn, “for pro bono . . . the worst is yet to come.” Lardent explains that the loss of funding to pro bono organizations has posed a “justice crisis,” and the need for legal assistance will increase.

So, as a result of the economy, more people need legal aid, but fewer legal aid organizations are able to meet those needs. Clearly if these people are to be served, private lawyers are going to need to take the laboring oar — and they have. According to Lardent, pro bono hours performed by major law firms increased in 2009 (2010 data is not yet available).

What about small law firms?

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