When I come across internet slideshows with titles like “8 Coolest Things Ever” or “Top 10 Reasons Why Lady Gaga Is a Man” or “Yale Law School’s 7 Most Disgraceful Graduates,” I think, “Ugh, not more link bait. I already spend half my time on this trash.” But like everyone else, I click it anyway, feel unsurprisingly disappointed, and then wish for the last 45 seconds of my life back.
When someone sent me “6 Ways Your Car Can Spy on You,” I had little-to-no expectations. But it turned out the little slideshow actually had a few tasty morsels of knowledge.
Keep reading to learn how simply paying bridge tolls keeps you on the grid, and how police can assign liability based on an unexpected similarity between airplanes and your Honda Civic….
Your company was just named in a new complaint, and there’s no obvious choice of counsel to defend you. What do you do?
You ask around internally to see whether any of our lawyers has worked with good counsel in the jurisdiction. Perhaps you ask a trusted outside lawyer or two for recommendations. You narrow the choices down to two or three candidates, and you decide to interview the top three firms.
This brings us to the subject of this post: What do you ask at the interviews?
Most of my friends are lawyers. Forrealz. To be sure, an increasing number of them, like me, no longer practice. But most of them still do, and I still like hanging with them.
When I would go to Suffolk Superior Court in Boston, or the federal district court across the channel in Southie, I would bump into classmates or colleagues more often than not. Later in my practice, it became increasingly common that I would already be friends with my opposing counsel. Some lawyers don’t like litigating against their friends, but I always did. It made it easier to get things done, and you didn’t have to waste time with unnecessary gamesmanship.
If you already had a level of trust with your opposing counsel, you could skip all the silly things that slow down litigation and make it more unpleasant. Discovery disputes, for example, drop down to zero. Settlement talks start sooner and are more meaningful. Extension requests are automatically given. Cases get resolved faster and easier.
But do you know who doesn’t like it when opposing lawyers are friendly with each other?
Find out who — plus big news about this column — after the jump.
Can you name the Biglaw firms with great lifestyles, supportive and friendly partners, lots of mentors, a commitment to parenting, salaries high enough to pay off your debts in 6 years with no pressure to develop business, and a guarantee of partnership (and frequent sabbaticals)? This tough question cannot be answered. There is no perfect law firm — and despite the warm fuzzy noise of recruiting, every law firm has strengths and limitations.
You have chosen a demanding field where clients expect the best advice from the best lawyers. The explosion in associate compensation caused significant and permanent changes in law firms’ expectations for new associate performance, the tolerance for slow starters, and the likelihood of promotion. This generation of new lawyers will work harder, compete harder, and be under greater pressure to contribute (produce business) than was ever present in the past. That’s the reality of practice in the new millennium. But the desire to find the best law firm in an imperfect world is a legitimate quest.
Before deciding on which firm to join, consider these tips, provided by Lateral Link’sFrank Kimball, an expert recruiter and former hiring partner….
Let’s continue the good cheer. Back in the spring, we wrote about a law student who was thinking of dropping out of school. He sought our advice — and, surprisingly enough, my colleague Elie Mystal advised this fellow to stay in school (even though Elie is generally not a fan of legal education).
Some commenters disagreed with Elie (shocker), and urged the kid to drop out. But now we bring you an update suggesting that perhaps Elie’s advice was sound….
One of the partners in my practice group is very involved with a charity. About once a month or so, we get hit up with various updates on the cause, requests to donate, attend charity events, subscribe to newsletters, etc. He’s even made a few presentations about the charity during practice group meetings. This charity has absolutely nothing to do with legal work and frankly it’s getting really annoying.
As an associate, is it OK to unsubscribe from his charity’s email (not sure how I was signed up in the first place)? Will he know? Will it affect my partnership chances? Am I obligated to donate? Will he know? Will the other partners know?
Part of the reason they pay you associates so much is that your exorbitant salaries already factor in the bullsh*t expenses that come with the job: student loan payments, business wardrobe, personal training, late night online electronics purchases, therapy, top shelf alcohol so as not to be totally incapacitated when you get a work email the next day… and partner pet projects. And yes, they’re watching….
The job market remains challenging for graduating law students. Here at Above the Law, we try to do what we can to bring opportunities to the attention of 3Ls. In recent weeks, we’ve discussed judicial clerkships and the DOJ Honors Program.
Granted, clerkships and the Honors Program are opportunities that are (1) fairly obvious and (2) extremely competitive. Some of you might be asking: Have any other bright ideas, Team ATL?
During my 25 years litigating at law firms, I fretted about two words: “winning” and “losing.” (As one old-timer put it: “They don’t pay you twelve dollars a minute to lose.”)
Now I’m in-house, and I’m still fretting about two words: “probable” and “estimable.”
The accounting rules require corporations to take a reserve (which causes an immediate hit to revenue) when a “loss contingency” (which is accountant-speak for lawsuits, among other things) becomes probable and estimable. If it’s likely that you’re going to lose, and if you can estimate the amount (or, at least, the lower bound of the amount) of the loss, then it’s time to take a reserve.
The information age we live in can be a blessing and a curse. Few fields demonstrate this truth more persuasively than the realm of electronic discovery.
During a panel here at the Legal Technology Leadership Summit on the theft and exfiltration of intellectual property, the panelists discussed the exponential growth in information densities, the increasing importance of IP, and the challenge that evolving technology presents to the governing legal frameworks. As one panelist noted: “Technology leaps, the law creeps.”
What does rapidly changing technology mean for the e-discovery world? And what are some considerations that in-house lawyers should keep in mind when responding to e-discovery requests?
When is a litigator thinking most keenly about a specific witness’s testimony?
There are two days: The day you’re taking (or defending) the deposition of the witness, and the day — months or years later, if ever — when you’re examining the witness at trial. So when should you be making notes about the witness’s testimony and your reaction to it? That question answers itself: You should make quick notes of key points during the deposition, and you should write notes to yourself immediately after the deposition ends. “Immediately after”: Not later in the week; not the next morning. Now, when your brain is fully engaged.
Those notes don’t have to be comprehensive, but they have to memorialize the things that you noticed during the deposition that you’re likely to forget by either the next morning or the day, a month later, when you’re reviewing the transcript. The notes are quick and easy. Write an e-mail to yourself that says: “Today I took Smith’s deposition. These were the highlights: (1) He admitted A; (2) He denied B; remember to create some other admissible evidence on that point; (3) He evaded on C; there’s something fishy going on there; (4) Opposing counsel started interrupting when I got near D; we should press harder on that point; (5) His testimony opens up issue E; let’s do some legal research.” There might be a half dozen points; there might be a dozen. But the key is to record immediately the fleeting ideas that you had while your brain was most in gear.
During the deposition, you’re as attentive as you’ll ever be. Don’t lose the moment; capture it.
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.