[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.
* You call that a raise? After 12 years of stagnant salaries for state judges, New York’s Commission on Judicial Compensation sure has a funny way of “correcting injustice.” [New York Times]
* Hope you had some D.C. firms on your bid list for OCI, because they seem to be on a hiring spree. Is there room for all of these newbies? [Washington Post]
* Maybe if we let Jacoby & Meyers get some non-lawyer investors, they could afford better commercials. Come on, even the ABA thinks the law should be run like a business. [New York Law Journal]
* O’Melveny wants to give new parents advice on transitioning back to work. After losing talent earlier this year, perhaps the firm could have used some transition advice itself? [The Careerist]
* My parents “ruined my life” a lot when I was a teenager, but I never sued over it. Unfortunately for these plaintiffs, being a snotty little brat isn’t a valid cause of action in Illinois. [Chicago Tribune]
And speaking of natural disasters, we hear that some folks in North Carolina received their bar exam results today. Congratulations — you’re first to get your bar exam results this year, and you’re first to get ravaged by Irene.
Hopefully this will all blow over. But in case it doesn’t, it’s important to be prepared.
Let’s see how law firms and law schools are getting ready for Hurricane Irene….
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.
In the wake of the east coast earthquake of 2011, the legal world seems to be back to its regularly scheduled programming. Courts are back in session, law firms have reopened, and government agencies are fully functioning. While some got a welcome day off yesterday, others only received a temporary respite from work.
Thankfully, the damage to the capital region seems to have been limited. At first it was reported that we may have had a Leaning Tower of D.C., but it turns out that the Washington Monument is just cracked. In other monument news, the Lincoln and Jefferson memorials are closed for further inspection, and the National Cathedral has sustained “mind-boggling” damage.
We received a lot of tips from our readers about their earthquake experiences, but more importantly, we have the final results from our reader poll. We now know who we can blame for moving the earth and disrupting our day. And no, it wasn’t Obama’s Fault.
* Should the police be able to use mobile-phone location data in order to locate a charged defendant? Kash reports on a recent decision. [Not-So Private Parts / Forbes]
* More importantly, should Bert and Ernie of Sesame Street get “gay married”? [Althouse]
* The ABA takes a lot of blame for the inadequacy of graduate employment reporting by law schools, but at least they’re taking “a step in the right direction,” according to Professor Gary Rosin. [The Faculty Lounge]
* Professor Ilya Somin: “The Decline of Men or Just the Rise of Women?” [Volokh Conspiracy]
* No need to email us that Kentucky judge’s (very funny) “tick on a fat dog,” “one legged cat in a sand box” order, regarding a case that settled, obviating the need for a trial — we covered it last month. Thanks. [Above the Law]
* Interesting historical perspective from Professor Dave Hoffman on the current debate over legal education. One critic wrote that “there are too many lawyers in this country,” “many of them are not busy,” and “many of them are on the margin of starvation” — back in 1932. [Concurring Opinions]
Well, the ABA has now responded. If you’ve been following the ABA closely, you’re not going to be surprised by the response. It’s the usual ABA combination of whining that they can’t do better while arguing that they don’t need to do better, because the market will magically provide jobs for everybody. Not the current market, of course — it’d just be silly to expect that people will have jobs before their loans go into default — but a magical future market that they provide no evidence will actually exist.
All one can really hope for is that people like Senator Grassley take the ABA at its word — and take regulatory authority away from the ABA, to give it to some organization with the will to use it….
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).
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: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.