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Moonlighting: Holiday Gifting at the Office (Hint: Ixnay on the Nose Hair Clippers)

By Susan Moon

‘Tis the season to puzzle over holiday gift etiquette at the office. Every year, a few questions come up about this topic — what’s appropriate, how much, whether they really have to, etc. No really, one year, a colleague complained, “Well, I’m not getting much of a bonus this year, so why should I give a gift to my secretary?” What you’d call a true, selfless, holiday spirit.

Obviously, this was back during law firm days, when bonus announcements are made early, unlike at companies, where the grand reveal isn’t usually for another couple of months after wilting trees have been cleared from the driveways. Not gifting your admin wasn’t exactly unheard of at a law firm, though, and I think it evidences a difference between the impact of gift-giving at a large law firm versus in-house.

At a law firm, you could give gifts to every employee at the office (or not) and, while your colleagues would be appreciative (or not), this act (or lack thereof) really wouldn’t make much of a difference in your career. Do you still have zero clients? Okay, still not making partner. Still have boatloads of clients? Continue with deity status.

At a company, on the other hand, you need to find out the unwritten rules for gifting….

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Ways and Means of Mass Distraction

By Brian Dalton

Thoreau admonished us that we cannot “kill time without injuring eternity.” But what did he know? That proto-hippie pond-fetishist could not have imagined today’s world, where our collective attention spans have shriveled to goldfish levels and so much actual productive white-collar labor can be, to an observer, indistinguishable from simply loitering in front of a computer screen. Unless someone is looking over your shoulder, nobody knows whether you’re on PACER or playing Angry Birds.

We asked you, the ATL readership, where you turn for distraction when you don’t feel like billing or studying. The results of our research poll, after the jump….

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California Firm Puts the ‘Ghetto’ Into ‘Re-Gifting’

By Elie Mystal

After stealing all the Whoville toys, the Grinch planned to re-gift them to his army of lawyers.

I’m much more likely to throw away a gift or give it to charity than to regift something I already have or don’t want. I think I’d live in fear of the original gift-giver meeting up with the regift recipient and talking about how I was a bad friend for orchestrating the whole mess. I’d rather those two people meet up and say, “Did Elie get you anything? No? Too bad. I was hoping he did and you could tell him it sucked. That’s what he told me when he opened my present.” There’s something intangibly sneaky and dishonest about regifting. It’s just not classy.

Of course, people do it all the time. And not because they lack class so much as they lack money. Even if it’s tacky, regifting usually comes from a good place: you want to give presents to more people than you can afford to shop for.

But there’s nothing laudable (or forgivable) about how one small law firm in California goes about re-gifting. They want to send gifts to their clients — so they commandeer the gifts sent to their secretaries and staff, and regift them.

I think this firm missed the “spirit” part of this holiday season….

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Holiday Gifts for Your Secretary / Administrative Staff: Open Thread

By David Lat

'Who needs cash? We have these nifty red hats!'

Over the weekend, I had dinner with a friend of mine who used to work as a paralegal at a small law firm. She told me about how one year, for the holidays, all the lawyers chipped in to get her a gift certificate to a spa, so she could get herself a massage.

I said it sounded like a nice gesture. This was not the reaction my friend was going for in telling the story; she viewed the gift as an insult. Her view: Christmastime is the time to show me the money.

I can understand that perspective for secretaries or administrative assistants. As we’ve discussed before, if you’re an attorney you should give your secretary a holiday gift that’s either cash or a cash equivalent (like an AmEx or Visa gift card). As a legal secretary once told us, “if you decide on giving gift certificates [to specific stores], I sincerely hope your next bonus will be paid in the same currency.”

But paralegals, at least at large firms — my friend who got the massage certificate worked at a small firm — are a trickier proposition. Over the course of a year in Biglaw, a lawyer might work with many different paralegals, on a wide range of matters. Are you expected to give gifts to all of them?

So what should a lawyer do with respect to holiday gifts for paralegals? And, of course, what’s the “going rate” for holiday gifts for secretaries in 2011?

Let’s conduct some reader polls, and open up the comments for discussion….

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Non-Sequiturs: 11.28.11

By Elie Mystal

* Seriously? We’re still deporting gay people who are married? Are there really people who are still in favor of this policy? [Stop the Deportations]

* On the upside, these shoppers can now literally say they got somebody a gift over that man’s dead body. [Huffington Post]

* When did Jed Rakoff become so godlike? [WSJ Law Blog]

* Christmas gifts that you’ll only like if you are a lawyer and already have an iPad. [Constitutional Daily]

* Is your job more interesting than soap for your hair? [Ross's Law Marketing Blog]

* I like the suggestion, by Professor Frank Pasquale, that firms are pushing the “useless first-year” meme to maximize their profits. If true, we should see a bunch of talented first years opening their own shops in 3…2…1… [Balkinization]

Non-Sequiturs: 11.22.11

By David Lat

Can a Westlaw or Lexis print-out hide your booze stash? I didn't think so.

* Are Asian American lawyers too nerdy to climb the Biglaw or corporate ladder — or is this just an outdated stereotype? [The Careerist]

* Does having your law school sob story featured on national television count as “employed upon graduation”? (Or, more seriously, here’s an opportunity for an unemployed law school grad.) [Inside the Law School Scam]

* A Notre Dame law professor, Mark McKenna, offers some courageous and deeply personal commentary on the Penn State scandal. [Slate]

* How will SCOTUS vote on Obamacare? Two political science professors, Michael Bailey and Forrest Maltzman, offer predictions. [The Monkey Cage via How Appealing]

Ted Frank

* Congratulations to Ted Frank and CCAF on a big win in the Ninth Circuit. [Center for Class Action Fairness]

* Following in the footsteps of its former employee, Gregory Berry, Kasowitz Benson seeks to conquer Silicon Valley. [Am Law Daily]

* In the age of Lexis and Westlaw, hardbound law books still serve a valuable purpose. [Kickstarter]

* It’s a briefcase branded with your favorite team insignia. But real subtle-like, so other people won’t immediately know you are an alpha jock fan boy. But you will. You’ll always know. [The Fandom Review]

A Crime of Fashion: When Law Students Dress Like Hookers

By Staci Zaretsky

I object to this 'outfit.'

Remember that time when the New York City Bar wanted to hold an event to instruct women on fashion sense for the workplace? How about that show sponsored by the Chicago Bar Association where lawyers dished on fashion dos and don’ts?

Apparently these kinds of events need to happen more often, no matter how controversial they might be, because we still have law students out there who could double as pole-dancers (or worse).

One of our tipsters alerted us to an episode of TLC’s What Not to Wear — the world’s greatest guilty pleasure television show — that we seem to have missed when it aired last year. The show featured a 2L from a southern law school, but this girl dressed more like a prostitute facing arraignment (sorry, Reema) than the lawyer representing her.

So who is she, was she hot, what law school did she attend, and were Stacy and Clinton able to change this girl from a hooker to a looker?

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Looking for a Post-Bar Exam Present? Enter Our ‘Approach the Bench’ Giveaway!

By Above the Law

If you took the bar exam in July, don’t you think you deserve a present? Some of you were dealing with test site disasters, of both the meteorological and technological variety, while others were busy passing out or popping out babies during the test.

Above the Law wants to reward you for all of your hard work and determination.

So, for all of the people who may soon approach the bench as newly minted attorneys, we’re going to give away a very special — and valuable — prize….

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Above the Law Readers Can Get 50% Off For A Father’s Day Gift

By Elie Mystal

Father’s Day is coming up. This holiday is never as big as the other fake holiday known as Mother’s Day. That’s because fathers, in general, just want the kids to get out of the house long enough for them to have sex and an uninterrupted nap.

But, if you have a good Dad who only beats you when you deserve it, you should certainly get the old man a present. If you are in the market, Above the Law has a deal for you. We are bringing back our Blank Label deal for men’s shirts that you design yourself.

Under the offer, $50 gets you $100 towards a custom-designed men’s dress shirt. But the deal expires soon, so don’t delay. Click on the link below to access it — and take on the fun role of fashion designer. Happy shopping!

Blank Label: Design Your Own Custom Men’s Dress Shirt [Buy With Me]

What’s Wrong With Three-Hour Lunches and Shopping at the Gap?

By David Lat

Judge Rae Lee Chabot

Society has a deal with judges. We don’t pay them very well — but, in exchange for salaries that are much lower than what they could earn in the private sector, they get to do whatever they heck they want. And get to be addressed as “Your Honor,” and wear really cool black robes.

One of the perks of judicial office is that it isn’t a nine-to-five job. Judges don’t have to punch a time clock; they come and go as they please. Court isn’t court until the judge takes the bench.

As long as a judge is reasonably current with his docket, he should be left alone. There is no face-time requirement for judges. (Sure, judges have to be on the bench for trials and oral arguments and such — but that’s not “face-time,” since the judge’s presence is actually necessary for the proceedings.)

In light of all this, I’m puzzled by the controversy over Judge Rae Lee Chabot. Judge Chabot has served on the Oakland County Circuit Court in Michigan for over 10 years.

Sure, the allegations about how she spends her days are amusing — and we’ll name her our Judge of the Day, just for the heck of it. But is there really a problem here?

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Protip: Do Not Buy A Vibrator For Any Lady At Your Office

By Elie Mystal

Here are some instructions.

Valentine’s Day is coming up. Married men are looking forward to their annual opportunity to have oral sex (don’t act like I’m the only one). Single guys are wondering what kind of depressed and ovulating women will show up at their local bar, alone. And ladies are just hoping for something that will turn all of their girlfriends into jealous bitches. As always, the day promises to be a massacre.

But regardless of your Valentine’s Day motives, please note that there are some intimate gifts that are inappropriate in all situations: gifts like vibrators. Not as a Valentine’s Day present, not as a Christmas present, not as a birthday present. Women can’t show it off to their friends, and it works against you as a sexually suggestive gift. Vibrators should only be given to women you’ve already had sex with, preferably right before the first Thursday of the NCAA tournament so they have something to do with themselves.

Sadly, a New York man was not familiar with this rule, and he bought one of his co-workers a vibrator for her birthday. He was her boss. Now, he’s getting sued — because that’s what happens when you are the idiot who buys a vibrator for a woman you work with…

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A Special Offer for Above the Law Readers: 50% Off on Custom Shirts

By Above the Law

We’re only a few weeks into 2011. If your new year’s resolution is to dress better, there’s still time to act.

Valentine’s Day is also not far off. Make your dinner reservations now, if you haven’t done so already — and make sure you look good for your night out on the town. This year, wear something that she (or he) will want to take off.

Above the Law is here to help. We’ve arranged a special deal for ATL readers with Blank Label — an online tailor buzzed about in The New York Times, Forbes, and Time Out New York, among other outlets — that lets you design your own shirt.

That’s the fun part. You (or your secretary) can design your own shirt. So hop in, design and purchase. And then send ATL a picture of you in your custom designed attire, by email (subject line: “Shirt Design”). Love and accolades are sure to follow!

Under the offer, $50 gets you $100 towards a custom-designed men’s dress shirt. But the deal expires soon, so don’t delay. Click on the link below to access it — and take on the fun role of fashion designer. Happy shopping!

Blank Label: Design Your Own Custom Men’s Dress Shirt [Buy With Me]

Holiday Gift Open Thread: Did You Get Anything Good?

By David Lat

Thus far we’ve looked at holiday gifts from the perspective of the giver. What (or how much) did you give to your secretary this year? Is it appropriate to get a present for your boss (and if so, what)? How about some holiday gift ideas for other lawyers in your life?

But it’s not really better to give than to receive, is it? As we know from our coverage of lawyer compensation and bonuses, our readers are greedy SOBs like getting as much as giving. So here’s an open thread for discussion of your favorite gifts from this holiday season. (I’m wearing one of mine right now — a toasty fleece that my cousin got me from Uniqlo.)

When it comes to Christmas / holiday gifts from professional contacts, folks at firms do fine. When I was at a firm, I’d get small gifts — a bottle of wine, a Tiffany money clip — from vendors hired by the firm for various projects.

But in-house readers probably make out the best in this season, since they get gifts from law firms with big budgets. In fact, the idea for this post came from an in-house reader: “[W]hy not have a holiday schwag column to show what in-house counsel are getting from firms this season? It may be an interesting contrast to the bonus (or lack thereof) news you’ve been reporting on.”

This reader got the ball rolling with the story of a pretty sweet gift he got from a law firm he gives work to….

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Pls Hndle Thx: The Gift That Keeps On Giving

By Marin

Ed. note: Have a question for next week? Send it in to advice@abovethelaw.com

Dear ATL,

Since the holiday season is getting well underway, I was wondering… What is the expected gift-giving at the office?

Presumably every associate out there will give a nice sum in the form of cash, check or gift card to his assistant and paralegal(s) as appropriate.  But what about those farther up the food chain?  Is it appropriate or expected to give gifts to those who give you work?

– Cleveland Rocks

Dear Cleveland Rocks,

At firms, the s**t rolls downhill, as does gift giving. You’re expected to give your secretaries and admins gifts (pro tip: secretaries LOVE Precious Moments angel figurines), because they help you dodge phone calls and make less than you. And if you don’t give individual gifts, people will come around the office begging for alms “asking” you to donate to the gift fund for back office staff. Yet for reasons that defy logic, partners with whom you work closely are miraculously excused from giving their direct underlings – the associates – gifts during the holiday season, as if the “gift” of continued employment were more than enough. That’s like when my parents used to buy me socks and underwear, hide them in the closet until December and then call them Hannukah presents. It’s not a gift if they owe it to you….

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Happy Holidays, from Above the Law!

By David Lat

The Christmas Tree at Rockefeller Center.

Or, if you’ll forgive the expression, a merry Christmas (to those of you who celebrate it). The entire team here at Above the Law sends you the warmest wishes of the season (subject to Manatt’s lawyerly disclaimers).

If you need some extra inspiration to get into the holiday spirit, check out the lovely Christmas poem that the lovely Kashmir Hill composed last year. Or view some clever law firm holiday cards. Or read about the holiday plans of various people within the legal profession — including NYU law professor Arthur Miller, prominent trial lawyer Mark Lanier, Elliott Portnoy of SNR Denton, Robert Morse of U.S. News, Dean William Treanor of Georgetown Law, and yours truly (karaoke, anyone?) — in this fun article, by Leigh Jones of the National Law Journal.

If you need some last-minute gift ideas, check out our list of the 12 Books of Christmas — some bookstores are still open (the Barnes & Noble at Union Square closes at 6 p.m. today; I just called). Or if you’re too lazy to leave your home or office, just go to Amazon and order a slew of print-at-home gift cards (one of my strategies this year).

Although Christmas Day isn’t until tomorrow, it’s generally being observed today. So here at ATL we’re following the lead of the federal government — thanks, 5 U.S.C. § 6103! — and taking off until Monday, December 27 (subject to the caveat that if some truly huge news breaks — e.g., God forbid, a Supreme Court justice fatally overdoses on egg nog — we will be on it).

So we’ll see you next week — when we will be around and publishing posts, although at a somewhat reduced level. Until then, be merry!

No humbugs here [National Law Journal]

Earlier: The Twelve Books of Christmas (2010)
Some Law Firm Holiday Cards
Quote of the Day: Baby Jesus Forgives You, Nina
Happy Holidays from Above the Law – 2009

The Twelve Books of Christmas (2010)

By David Lat

Now that you’ve figured out what to give your secretary this holiday season, what about the lawyers in your life? Many of you have friends or family members who are lawyers or law students, and if you haven’t done so already, you need to get them — forgive the expression — Christmas presents (or holiday gifts, if you prefer).

Lawyerly types can be tough to shop for. As we’ve previously discussed, lawyers aren’t great about giving gratitude, and they’re often very critical — so your gifts might not be warmly received. Also, many lawyers earn good incomes, meaning that when they actually need or want something, they often just go out and buy it themselves (or let their firm to buy it for them — e.g., the iPad).

So what should you get for the lawyers in your life this holiday season? We have some suggestions….

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Holiday Gifts for Your Secretary / Administrative Staff: Open Thread

By David Lat

It’s the most wonderful time of the year… for a legal secretary / administrative assistant. Law firm partners are getting their end-of-year distributions, associates are getting their bonuses, and some of this bounty will be shared with their secretaries, in the form of Christmas — er, holiday — gifts.

What should you get your secretary as a holiday present? It’s a familiar question that comes up every year. Here’s an open thread where you can discuss and compare notes with your peers. We’ve also included a reader poll at the end of the post.

Let’s start the conversation with some preliminary observations….

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Facebook Status Update of the Day: But Were They Peep Toes?

By David Lat

Check out the shoes, by Stuart Weitzman, below….

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A Happy Fourth Birthday to Above the Law!
And: ATL’s Gilt Sale Extended Through Thursday

By Above the Law

Think back, if you can, to August 30, 2006. It was a very different time: George W. Bush was still president, the economy was still booming (even if some of that prosperity was illusory), and the starting salary for most associates in large New York law firms stood at $145,000.

It was on this date that Above the Law first launched. Check out Lat’s letter from the editor, announcing ATL’s debut. Many of the features mentioned in that letter — Legal Eagle Wedding Watch, Lawyerly Lairs, The Eyes of the Law — are still staples of the site today. (Others have morphed a bit. For example, we no longer make fun of other people’s advice columns; we instead publish one of our own, Marin’s Pls Hndle Thx.)

Today we are delighted to be celebrating ATL’s fourth birthday (or “blogiversary,” as some in the blogosphere like to say; but the word “blogiversary” is even uglier than the word “blogosphere”). We’d like to thank all of you — our readers, our tipsters, our sponsors, and our friends — for your support over the years.

To celebrate and to thank you, we’ve decided to extend the special Gilt Groupe menswear sale for Above the Law readers (previously mentioned here). It was supposed to have ended yesterday, but due to popular demand — hundreds of items have been purchased, such as this Thomas Pink necktie that Lat bought, and many selections are sold out — we’re extending the sale through Thursday, September 2, at midnight. To browse the store, click here.

Once again, dear readers, thank you. This site would not be possible without your visits, your tips, and your generous patronage and support.

P.S. Several of our women readers have asked us when ATL will have a women’s wear sale. Fear not; we’re working on special deals for the ladies as well. Keep an eye out for them in the future.

For New Lawyers, the Going Rate Has Gone Up [New York Times]

Earlier: A Gilt Groupe Sale for Above the Law Readers
Happy Blogiversary to… Us! Above the Law Turns Three
Letter from the Editor: Welcome to Above the Law

Wearing Peep-Toe Shoes to Court? Women Judges Weigh In

By David Lat

Earlier today, on the Senate floor, debate took place on whether to confirm Solicitor General Elena Kagan as the nation’s 112th Supreme Court justice. The Kagan nomination is not very controversial, due to the nominee’s impeccable credentials and the Democrats’ 59 votes in the Senate.

In the legal blogosphere, a far more divisive debate is raging, over a subject just as important as confirming the fourth woman ever to the Supreme Court: Are peep-toe shoes appropriate professional footwear? Can female attorneys wear them to the office? What about to court?

The debate was ignited over at The Careerist, by Vivia Chen (no style slouch herself — not many legal journalists own floor-length mink coats). Chen recounted this anecdote:

Waiting in line in the ladies room at the Waldorf Astoria Hotel recently, I heard this discussion: “In my day, I always wore pumps to court,” said in a woman in her fifties. “Can you believe this associate went to court with open-toe shoes?” Her companion shook her head, then asked: “How did she do?” The first woman replied, “Her work was good, but her shoes weren’t right.”

Chen then surveyed a number of lawyers, from around the country, and they could not reach a consensus on the appropriateness of peep-toe shoes. The debate continued over at the ABA Journal, where a post by Debra Cassens Weiss generated a flurry of comments.

Given that so many law firms are business casual nowadays, it is probably safe to wear peep-toe shoes to the office. The fashion guidelines issued by the New York office of Weil Gotshal, for example, officially bless “open toe or open heel shoes.” (Still unacceptable: “Athletic shoes, clogs, beach shoes, flip flops, beach shoes.”)

But what about wearing peep-toe shoes to court? On this subject, we decided to turn to the experts: namely, a panel of fabulous female federal judges….

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