This week, a Texas campaign ad and a Pennsylvania death penalty appeal each illustrate what happens when lawyers lose sight of for what — and whom — they claim to be working.
Wendy Davis, in the final throes of her Texas gubernatorial race against Attorney General Greg Abbott, launched a controversial campaign ad a few days ago. The ad accuses Abbott of “siding with a corporation over a rape victim,” spotlighting a 1998 Supreme Court of Texas case brought by a woman seeking damages from a vacuum manufacturer after a door-to-door salesman of the vacuums allegedly raped her in her home. A background check should have revealed that the man had a criminal history. Abbott was then a justice on the Texas court. He dissented from the majority’s decision in favor of the woman. Davis’s ad ignited heated debate, with even her supporters questioning the propriety of the ad. Abbott’s campaign called the ad “despicable.”
Meanwhile, on the other side of the country, the United States Supreme Court on Monday issued a highly unusual order in a Pennsylvania death penalty case. The Court asked the Pennsylvania Supreme Court Disciplinary Board to investigate and take appropriate actions against Marc Bookman, an attorney who filed a petition for review of Michael Eric Ballard’s death sentence. Ballard slaughtered four people in 2010: his former girlfriend, her father, her grandfather, and a neighbor who tried to help the family when he heard screams coming from the home. Ballard was sentenced to death in 2011. In November 2013, the Pennsylvania Supreme Court upheld the sentence. On June 23 of this year, SCOTUS denied Bookman’s petition to review Ballard’s case, but the Court then ordered Bookman to file additional responses about his relationship to Ballard. Apparently not satisfied by Bookman’s replies, the Court referred the case to the state disciplinary authority.
So, what’s the problem in either of these situations? Why the controversy? And what do they have in common?
You’d think that a lawyer who is allegedly skeevy enough to be banned from representing women by his own state bar would warrant a total disbarment from the legal profession.
But no, that’s not how they roll in Connecticut. In Connecticut, even if there have been enough ethics complaints by your female clients to warrant a suspension, you are still good as long as you are only accused of being unsuitable to represent half of the population…
But some of you will still go to law school for the wrong reasons and pay rip-off prices. Ego, familial expectations, and peer pressure may play a role in your decision. So I want to finish the law-school-themed posts by issuing a warning to students and their parents about the consequences of graduating without a meaningful job and with six figure, nearly nondischargeable student loan debt….
Litigators get away with a lot of obnoxious stuff during discovery. For better or worse, the pre-trial discovery phase of civil litigation is every lawyer’s opportunity to relive those times when parents leave kids alone for the first time: every slight, disagreement, and jealousy on a slow boil explodes into anarchic back-biting once there’s no authority figure around to enforce civility. Bring on the mean-spirited letters and smack-talking RFAs.
When it comes to depositions, it doesn’t always reach “fatboy” levels, but a federal deposition isn’t a deposition until someone threatens to call the magistrate — though never does.
Which is why this benchslap, where a federal judge levies a sanction straight out of elementary school, is so appropriate….
Here’s something I’m envious of as a Canadian lawyer. The United States is filled with celebrity lawyers: Robert Shapiro, Gerry Spence, Harvey Levin (thank you, TMZ), Judge Wapner, Judge Judy, Judge Joe Brown, Judge Lance Ito.
Bobby and Teddy—lawyers. John, Jr., a prosecutor. Bill and Hillary and the current POTUS and FLOTUS, lawyers all.
And, of course, the most celebrated American lawyer, Geraldo Rivera (you forgot that, didn’t you?).
The U.S. loves to gawk at its lawyers, making them famous for defending ex-Hertz pitchmen, or for screaming at people on crappy daytime television where they make all judges look like arrogant cork smokers.
* Congrats to William Voge, who was elected as the new chairman of Latham & Watkins. He succeeds Robert Dell in this position, who is one of the Am Law 100′s longest-serving leaders. [Am Law Daily]
* Dewey’s former execs filed a motion to dismiss their criminal charges, lamenting the fact that the Manhattan DA made them “scapegoats” for the total failure of their firm. [DealBook / New York Times]
* A judge banned the Washington Redskins name from his court, proclaiming that the offensively monikered team shall be known only as “the Washington Team” in documents submitted. [WSJ Law Blog]
* Senate Majority Leader Harry Reid thinks that if it were up to Judge Judy, House Speaker John Boehner’s “show trial” suit against President Obama would be thrown out in “half a second.” Well then. [ABC News]
* A Michigan attorney was arraigned yesterday on a felony charge of homicide-solicitation of murder. It seems that the hired hitman warned his target. He’s not getting a good Yelp review. [UpNorthLive.com]
* If you’re an international student with a foreign law degree trying to get a law degree in the U.S., why the hell would you waste your money on a J.D.? Just get an LL.M. [Law Admissions Lowdown / U.S. News]
* Oh baby8: Nadya Suleman (formally doing business as Octomom) pleaded no contest to welfare fraud charges after she failed to report income from all of her public appearances and porn videos. [Reuters]
When we last checked in on John Michael Farren, the former general counsel to Xerox and deputy White House counsel under President George W. Bush, things were not going well for him. Back in December, a jury found him liable for assault and battery against his former wife, Mary Margaret Farren. The jury awarded Mary Farren some $28.6 million in damages — an amount that reflected the brain injury and emotional trauma suffered by Mrs. Farren, who went from a lucrative job at Skadden to unemployment.
Criminal charges against Mike Farren remained pending at the time of the civil verdict. On Friday, the criminal case got resolved — and not in a manner favorable to Mike Farren….
During the final year of law school, those who are about to be handed their degrees are desperately seeking legal jobs of any kind so they can be counted among the few, the proud, the would-be lawyers who are employed at graduation.
Considering how terrible the job market is, those who are lucky enough to find a job are likely do anything they can to keep it. They might even be willing to deal with some “disgusting and grotesque” sexual comments for a while.
But how much is too much? It’s quitting time when the boss starts demanding sexual favors…
Ms. JD is hosting their 2nd annual cocktail benefit to raise money for the Global Education Fund. The event will be held on August 21, 2014 at 111 Minna in San Francisco. Our goal is to raise $20,000 to fund the legal educations of four dedicated law students in Uganda who count on our support to continue their studies at Makerere University during the 2014-15 academic year.
The Global Education Fund enable womens in developing countries to pursue legal educations who otherwise would not have access to further education. According to the World Bank, investment in education for girls has one of the highest rates of return to promote development. In Uganda, more than 45% of women over the age of 25 have no schooling at all, and men are more than twice as likely as women to have access to higher education. Together, we can work to end educational inequality. For more information about the program, please visit http://ms-jd.org/programs/global-education-fund/
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: email@example.com.
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.