The words “The Next Frontier” were added to signal that social media for attorneys is going into its next phase. To Elefant and Black, lawyers can no longer ignore the impact of social media on the law, but rather must embrace it fully. Lawyers will have to deal with this new form of communication in order to be collaborative with one another and responsive to their clients.
So what does this have to do with Biglaw? Social media is more for small firms and solos who need to use these tools to market themselves over the internet, right?
Actually, Elefant and Black believe social media can have a huge impact on Biglaw, especially in regard to its women lawyers. And law professors should read on too — it’s possible that advances in social media will render law review articles irrelevant…
Whenever somebody advises you to not do something they themselves are currently doing, you have to take the advice with a bit of skepticism. The cynics among you will not be surprised that a solo practitioner advises against young attorneys starting their own solo practice. Who needs the competition?
We’ve detailed how difficult it is to start a solo practice before. But given how many people breezily suggest that displaced attorneys can just “hang out a shingle” and make money, Scott Field’s advice written on the Texas Lawyer (gavel bang: ABA Journal) seems timely and appropriate:
[M]y first suggestion for recent law school graduates considering going solo is: don’t. A recent graduate should find a job somewhere where he can gain experience and receive on-the-job training. By doing so, he will learn how to practice law — something law school does not teach. Experience matters. Recent graduates should try to get some before going solo.
People thinking they are going to go to law school and have a solo practice as their safety net should listen to that advice too…
Richard Zachary is a solo practitioner in Chicago who has mixed it up with Biglaw many times in his career… and has come away unimpressed.
In a recent filing in Cook County Court, he vented about the shortcomings of the big firm lawyers he’s come up against. He’s currently representing an individual suing a corporation represented by Schiff Hardin. He describes an attorney there as follows:
Some paper-shuffling third-rater trying to camouflage his own culpability with defamatory rhetoric [who made me] realize that there are depths of chicanery to which some legal professionals will not hesitate to descend.
Richard Zachary is both irate and poetic, a wonderful combination.
The motion captures the frustration that solos experience in their clashes with Biglaw. More incensed turns of phrase, after the jump.
In yesterday’s post about the departure of D.C. power broker Lanny Davis from McDermott Will & Emery, a firm he joined a little over six months ago, we put out a request for more information. That request was promptly answered — by none other than Lanny Davis himself.
The drama lover in us was hoping for an epic tale of office intrigue and power struggle at McDermott Will (and commenters were happy to speculate). As it turns out, however, the parting of Davis and MWE is quite amicable — and far from total. As Davis explained to us, he’s setting up his own shop, but he will continue to work closely with McDermott lawyers, serving McDermott clients. In fact, Davis isn’t even leaving the building (so no office exorcism necessary).
What’s going on here? Information from our chat with Lanny Davis, plus the complete press release mentioned previously by the Washington Post, after the jump.
In 2008, we made the “Qualcomm Six” our lawyers of the day. The six were outside counsel for the technology company in a patent dispute with Broadcom and got caught up in an electronic discovery scandal – tens of thousands of documents were not turned over in the case. The six attorneys were sanctioned by Magistrate Judge Barbara Major for “intentionally hiding or recklessly ignoring relevant documents, ignoring or rejecting numerous warning signs that Qualcomm’s document search was inadequate, and blindly accepting Qualcomm’s unsupported assurances that its document search was adequate.”
But upon further scrutiny, the sanctions against the five lawyers from Day Casebeer and one from Heller Ehrman were lifted. When attorney-client privilege was waived so that they could speak in their own defense, it became clear that Qualcomm employees had stonewalled the lawyers. From the ABA Journal:
In her ruling lifting sanctions, Major noted an “incredible lack of candor” by Qualcomm employees and said there was no bad faith by the lawyers.
So yay! No sanctions! But what of the over two years that these lawyers have had this hanging over their heads? As I’m sure many of you recall, the beginning of 2008 was when the legal industry began to self-implode. Day Casebeer merged with Howrey. Heller Ehrman really self-imploded.
All the while, these six lawyers have been in sanction limbo. The four partners involved had more to fall back on. Day Casebeer partner James Batchelder jumped on the Howrey bandwagon. Heller Ehrman’s Stanley Young wound up at Covington. Casebeer’s Christian Mammen and Lee Patch went off on their own.
But what if you’re a junior associate caught up in this mess? In early 2008, no less. Adam Bier (NYU Law ’04) had joined Casebeer in 2005 after clerking. He was part of a large team of junior associates staffed on the Qualcomm case. Though he wasn’t involved in the initial discovery, he did help stumble upon the mass o’ undisclosed documents while preparing witnesses for trial, and thus had the distinction of being involved in the sanctions.
If you were job searching in 2008, you know it was tough. Imagine if you had the added disadvantage of a hugely publicized discovery scandal and sanctions on your resumé. We caught up with him yesterday about how he made it through the wilderness, and eventually started his own firm…
We’ve told you before, and we’ll tell you again: be nice to your secretary. They do important work for you. And during their down time — when they’re not playing solitaire — they may be thinking about ways they can screw you over should you cross them.
An attorney in North Carolina apparently does not read our site and did not get this crucial PSA. Justice H. Campbell is a solo practitioner in Charlotte who helps out those who suffer from slips and falls, who commit the occasional DUI, or who need to file for worker’s compensation. According to our tipster, he’s been through several legal assistants in his career.
His last legal assistant went out with a bang. Or at least with a very loud click of the mouse.
She set up an out-of-office response to let correspondents know that she was no longer with the firm. When a court official emailed her to confirm a mediation date for Mr. Campbell, he got a blunt automatic response…
The bloggers behind these and similar sites — deeply bitter and angry, but often viciously funny — vent at length about non-elite law schools that lure in students with false promises of post-graduation job opportunities and six-figure salaries. Students at these schools take on six figures of educational debt, devote three years of their lives to law school, and then can’t find jobs when they graduate. If they’re “lucky,” they secure employment as contract attorneys, reviewing documents for $21 an hour — and even these temp attorney jobs are disappearing, thanks to outsourcing.
Is hanging up a shingle, and going into solo practice, a viable way out from under this debt and misery? We have previously offered severalpositiveposts about solo practice.
But Law Is 4 Losers, the author of Big Debt, Small Law, has his doubts. For the sake of balance, let’s look at his objections.
Time to resume our series of open threads covering small (or smaller) law firms, focused on different practice areas. We’ve already written about small law firms in general, insurance law, personal injury law, trusts and estates, immigration, real estate, intellectual property, ERISA / employee benefits, and family law / divorce law. Some of these threads are still active (or could be resuscitated), so do check in on them.
Today we turn to the booming field of BANKRUPTCY. This practice area might seem depressing, given its focus on financial distress, but some people find it quite sexy.
A long time ago, the field was generally shunned by large firms, so that most firms doing bankruptcy were on the smaller side. But Biglaw embraced bankruptcy years ago, and it’s probably glad it did. The bankruptcy departments of large law firms are super-busy these days, providing a partial hedge to the weakness on the transactional side.
What about bankruptcy boutiques — how are they doing? Some material to kick off the discussion, after the jump.
Let’s return to our series of open threads on small law firms in different practice areas. We’ve covered seven fields so far; check them out here.
The latest topic to tackle: FAMILY LAW. This is the area of law that our somewhat cantankerous, dearly departed grandmother urged us to enter. She was firmly convinced that when a couple splits up, the divorce lawyers end up with all the couple’s money.
But not everyone is a fan of this practice area. Dahlia Lithwick, Slate’s fabulous and funny Supreme Court correspondent, previously practiced family law at a small firm in Reno, Nevada. It seems that she found divorce law depressing rather than enriching.
Here’s what Lithwick said during a talk at UVA Law School last year, when we asked what led her to move from practicing law to writing about it:
“One thing that really helps is doing doing divorce law.” After representing clients in their “bickering over the pots and pans,” she said, everything else starts to look much more attractive.
That seems like a rather negative take on the field, doesn’t it? In fairness to family law, it has its upsides.
Find out the advantages of this field — and check out the inside of this greeting card (above right), courtesy of the folks at Pig Spigot — after the jump.
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: firstname.lastname@example.org.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
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