Above the Law

Recent Headlines from Above the Law

 

The whole world has ground to a halt to watch the World Cup. Except of course in the United States, where the World Cup is mostly a curiosity to fill our days now that the NBA and NHL have finished their seasons.

Perhaps you’d pay closer attention if you had a guide to the teams that gave you a personal stake in a given squad. Without further ado, here’s an explanation of which law schools most closely resemble World Cup sides…

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‘Keep your lousy lunches and wine tastings. I’d rather be driving a tractor!’

We recently extended an enthusiastic hello to Biglaw summer associates. And now, barely into June, it’s time to say goodbye — to one unusual summer associate.

Summer associate gigs are highly coveted positions. They involve lavish lunches, pool parties, and big paychecks for little work. And they’re harder than ever to obtain, which only increases their allure.

Yet one summer associate just voluntarily left his law firm — and sent around a colorful, firm-wide departure memo explaining why. Check it out; what do you think of his decision?

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I previously wrote about the depressing prospects for graduates of all but the top ten or twenty law schools (“Two Law Grad Markets”). And yes, these were statistical generalizations, and the experience of specific individuals with particular skills and backgrounds will always be different, pro and con. But as an industry, if you care about our supply chain for talent, many law schools are burning platforms.

There are actually some closely connected problems driving this dynamic:

  • More JDs are being turned out each year than there are (a) full-time, (b) long-term jobs, (c) requiring bar passage, (d) at current salary levels;
  • perhaps the primary reason for the mismatch between supply of JDs and current demand for them (about two supplied for every one today’s market is demanding) is that clients increasingly resist paying for junior associates, which makes it uneconomic for firms to invest in traditional training;
  • but/and at the same time, every sentient observer is painfully aware that vast segments of the U.S. population — consumers and businesses alike — remain underserved by lawyers.

This would prompt any economist to ask, almost instinctively, “Why isn’t there a market-clearing price where supply and demand can meet?” Which is another way of asking, “What if there were a way to address both these problems at a single stroke?”

double red triangle arrows Continue reading “From Across the Desk: An Apprenticeship to Practice — That Works”

The indictment of Zachary Warren is troubling for a lot of lawyers because, well, he seems like one of us. His post-Dewey path to a great law school, two cool clerkships, and an offer from a great law firm, is something we, as lawyers, can identify with.

What’s most frustrating about Zachary Warren’s situation is that it looks like he was charged largely because he decided to talk to law enforcement without hiring a lawyer first.

Most of us would like to think that, as lawyers, we’re smart enough to make the right legal moves if we’re in a place where we need to. Yet Warren talked to law enforcement, when most of us know that’s the wrong move (and, if you don’t know that’s the wrong move, there’s a short video on my firm’s webpage explaining how we look at it). What’s up with that?

As Lat mentioned earlier this week, there’s a dispute about what happened. Some of Warren’s friends say he was essentially duped about his status or the nature of the interview he participated in. The Manhattan D.A. has pushed back, through spokeswoman Erin Duggan Kramer: “The facts [in this New York Times piece] are incorrect. The claim that an attorney with a federal clerkship could have any misunderstanding of what it means to speak with and agree to meet with the D.A.’s office is preposterous.”

Kramer’s point makes seems intuitively compelling. Why would a smart lawyer talk?

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Muscle Milk: drink this and you’ll write awesome pro se briefs.

I’m about to share with you an awesome pro se court filing from a law student who drinks Muscle Milk — enough of the stuff to belong to a class action of Muscle Milk consumers. Please try to envision what this submission might look like.

In terms of the student, I’m imagining a real meathead. He belonged to a frat in college. He’s not a great law student, but his family has connections that will help him land a job post-graduation. His bookshelf looks like this.

As for his pro se filing, it’s probably a tale told by an idiot, full of sound and fury (and Bluebooking errors). The UVA Libel Show would call it a Muscle-Milk-induced “roid rage of shame.”

But no, it’s not; it’s so much better than that. It’s actually a work of genius….

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Johnny Weir

It is a private matter I do not wish to discuss.

– World bronze medalist Johnny Weir, in comments made outside of a New Jersey Municipal Court following his appearance before a judge on a domestic violence charge. Weir allegedly bit his husband Victor Voronov’s ear one month before the Winter Games in Sochi. Voronov is a graduate of Georgetown Law. The charge was ultimately dismissed, but not before a judge told Weir what a “nice hairdo” he had.

Bradley Cooper: a very handsome man, but sadly not a lawyer.

Seemingly random small-firm lawyers from Alabama weren’t the only legal types in attendance at the White House State Dinner on Tuesday evening. Indeed, as we’ve previously noted, numerous legal celebrities attended the festivities as well.

Sure, there were some “celebrity celebrities” at 1600 Pennsylvania Avenue that night. The guest list included such boldface names as J.J. Abrams, Stephen Colbert, Bradley Cooper, Mindy Kaling, and Julia Louis-Dreyfus.

But who cares about Hollywood? Above the Law readers are more interested in the government lawyers, federal judges, Biglaw partners and law professors who attended this major social event….

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Ascension to Biglaw partnership demands, obviously and above all, an enormous amount of first-rate legal work, in addition to political savvy, endurance, timing, and luck. A would-be partner’s chosen practice area also undoubtedly plays no small role. If firm leadership believes that there will be a spate of major Chapter 11 filings or trademark litigations on the horizon, obviously that will redound to the benefit of the potential bankruptcy or IP partners (although, as recent news reflects, partnership isn’t necessarily the lucrative, secure lifetime position it once was).

Late last year, ATL took a close look at the newly minted partner classes for the Vault 10 firms. Despite the great profitability and prestige of this select group, it is difficult to draw conclusions about the general direction of the legal market from the composition of these partnership classes. First of all, this is a small sample size. Second, we are witnessing an important shift in the allocation of the business within the market. A recent AdvanceLaw survey of general counsel at major global corporations found that three-quarters of general counsel were inclined to engage “less-pedigreed” firms (e.g., outside the Vault 10 or Magic Circle) for “high stakes” legal work. This survey of GCs (including those from Google, Nike, 3M, Unilever and Deutsche Bank) indicated their willingness to engage firms lower down the Biglaw totem pole.

Because of the apparent diminishment of the brand value of the most historically prestigious firms, as well as the broader trends toward disaggregation and unbundling of legal services, one must account for a larger set of law firms in order to see the fullest picture of the market for high-end legal services. With that in mind, today we look at the practice areas of the entire Biglaw partnership class of 2013….

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Not what the image of lawyers that the California Supreme Court wants to support.

A former journalist turned law school graduate went to the state of California and asked to be admitted to the practice of law.

California said no.

The problem was his practice of “making up stories” for a few years while working at The New Republic.

A well-documented history of lying is not a great testament to the moral fitness of a prospective lawyer, but does this particular transgression really justify denying Stephen Glass’s application?

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Nothing illustrates the way religion can warp the normal function of rational thought quite like the National Jurist’s “most devout law schools” rankings. If you are a person of faith, that’s fine. Mazel tov. And if you want to find new and exciting ways to mingle your religious beliefs with our secular laws, that’s fine too. I mean, I’ll do what I can to oppose you, but in America we must be comfortable with difference.

But picking a law school based on its piety seems pretty dumb. For one thing, law schools should be teaching, you know, laws and stuff. What you do with that knowledge is your own choice, but it seems to me that people should want the best education they can get, and then apply that education to the causes and issues that move them. Why go to Regent Law if you can go to Vanderbilt Law and then advocate for your theocracy from a position of greater strength?

The second problem is that picking a law school because it has some kind of “mission” beyond helping you become a good and employed lawyer seems like a path to pain. But that will become obvious as we actually look at the National Jurist’s list.

In any event, onward Christian lawyers…

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