Litigators can fall victim to their own imaginations. It’s really built into the system when they’re encouraged to write their exhaustive wishlists during discovery and fill their own dreams with visions of terabytes of entirely incriminating evidence. When discovery inevitably fails to live up to those dreams, litigators have to make a decision between accepting disappointment or accusing the other side of wrongdoing for failing to fulfill those sugarplum visions. Litigators are basically Captain Hindsight, constantly shocked — SHOCKED — that no one understood years ago how important something would be to a case today.
Kirkland & Ellis chose the latter, writing counsel for a non-party — yes, a non-party — suggesting that he was withholding evidence because he hadn’t kept every single email they thought he might have from four years — yep, four years — earlier.
And then this guy’s lawyer went brutally funny on them….
Yes, benchslaps are great fun to read about, especially if you enjoy a little schadenfreude. But benchslaps are not fun to receive — and they’re not always justified.
Because of the prestige of judicial office, judges generally get the benefit of the doubt when dishing out benchslaps. But sometimes judges go too far. For example, some observers felt that Judge Richard Posner crossed the line when interrogating a Jones Day partner during a recent Seventh Circuit argument.
This brings us to today’s benchslap — directed at a lawyer for the federal government, no less. It’s harsh, but is it warranted?
I met Andrew Breitbart three weeks ago. We both were on a Huckabee Show panel that subsequently got bumped when news of Whitney Houston’s death broke. I’m not terribly sorry, it wasn’t one of my best. But the chemistry between us was pretty good, off-camera at least. After the show I texted him and he said we should try to set up a debate again.
Now he’s dead, and it’s all pretty shocking to me because four weeks ago, Andrew Breitbart would have been in the running for people I would be least concerned about if they happened to die. And it’s not like I had any kind of political conversion, and I don’t have a particular soft spot for saying nice things about dead people just because they died.
So why in the hell am I about to say something nice-ish about Andrew Breitbart?
If you thought this whole Shirley Sherrod thing was just going to blow over, well, you’re not thinking like a lawyer interested in generating fees. Burned by Andrew Breitbart’s editing skills, Sherrod says she intends to sue. The New York Daily News reports:
“I will definitely do it,” Sherrod said at the National Association of Black Journalists convention in San Diego.
Sherrod said Andrew Breitbart knew what he was doing when he posted a doctored video that made it appear she was boasting about mistreating a white farmer.
“I knew it was racism, and no one had to tell me that,” she said. “Right will win the end.”
Oh Jesus Christ, please don’t tell me I’m going to have to defend Andrew Breitbart…
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
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 seven years. You can reach them by email: firstname.lastname@example.org.
We at Kinney Asia have made a number of FCPA / White Collar US associate placements in Hong Kong / China thus far in 2014. Most of such placements have been commercial litigation associates from major US markets, fluent in Mandarin, switching to FCPA / White Collar litigation. Some have already had FCPA experience, but those are difficult candidates for firms to find (this will change in coming years as US firms are now promoting FCPA / White Collar to their 2L summers who are fluent in Mandarin and have an interest in transferring to China at some point).
Legal Week quoted Kinney’s Head of Asia, Evan Jowers, extensively in the following relevant article here.
There is a new trend in the market, though, where mid-level transactional US associates, fluent in spoken Mandarin and written Chinese, are interviewing for and in some cases landing junior FCPA / White Collar spots in Hong Kong / China at very top tier US firms.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.