[T]he role of the district judge is not to gloss over serious issues for the sake of preventing additional work for the court. Rather, in a criminal trial, the judge is entrusted with the responsibility of ensuring that the constitutional rights of the accused are safeguarded from the whims of public opinion, prejudice, and expediency.
– Judge Martha Craig Daughtrey, in an opinion reprimanding Judge David Dudley Dowd Jr. for failing to remove a juror whose comments gave “some indication that he could not decide the case fairly and impartially” (due to its unsettling subject matter, child pornography).
* Watch out, Biglaw, the tax man is coming for you. If this bill goes through, it could put a hurting on partners’ pocketbooks at law firms with more than $10 million in gross receipts. [Blog of Legal Times]
* International firms are just discovering Africa, and are moving quickly to set up shops there. Before opening up your firm, take a quick lesson from DLA Piper: Africa is a continent, not a country. [Am Law Daily]
* Juan Monteverde, one of our Lawyer of the Year nominees, received a very public spanking from Chancellor Leo Strine of the Delaware Court of Chancery over outsized attorneys’ fees in a “dubious” shareholder suit. Ouch, that’s really gotta sting. [WSJ Law Blog (sub. req.)]
* Oh mon dieu, BU Law set up an exchange program between a law school and a foreign management school. Students might not get jobs out of it, but at least they’ll get to go to Paris. [National Law Journal]
* Politico has put together a fun little list of the ten journalists to watch in 2014, and a few lawyers made the cut, including Glenn Greenwald, Ronan Farrow, and Megyn Kelly. Congratulations, everyone! [Politico]
Remember the 80s? Big hair, Dynasty, Huey Lewis was popular for some reason. Well, Judge Jed Rakoff remembers the 80s, and he also remembers the way the federal government used to actually investigate and prosecute people who committed massive financial crimes — Mike Milken, Ivan Boesky, Charles Keating, a bevy of other savings and loans kingpins. Good times.
And Judge Rakoff wants to know what happened to prosecuting financial crimes, specifically the sort of fraud that crippled the economy. So he took to the pages of the New York Review of Books to ponder all the financial prosecutions that could have been. And he has some theories about what happened and how prosecutors could do a better job in the future.
It’s a fascinating look at a bunch of ideas that the government is going to totally ignore…
Sometimes in life you face choices. When faced with a slight, you can either walk away or you can keep it real.
Take the case of this benchslap. The lawyer felt the judge was being unfair because an appearance was scheduled for the date of the office holiday party. He could have just sucked it up, but he decided to “keep it real.”
And like so many of the protagonists of the Dave Chappelle skit of the same name, it ends with an important lesson about what happens when keeping it real goes wrong….
Chief Judge Kozinski has been feisty with prosecutorial overreach lately. A couple months ago, he snarked his way through an en banc beatdown of a prosecutor who asserted facts not in the record to secure a conviction. He was no doubt hoping to give us an encore performance in a case out of Washington, but his colleagues denied the request for an en banc rehearing.
But that didn’t stop the inimitable jurist from penning a lengthy dissent from the decision leveling harsh criticism at the prosecutor for the “violence done to the Constitution.”
So is the Chief Judge just cranky or was there some real abuse here?
I think the tongue-in-cheek answer would be that I was surprised because of how much [Justice Samuel Alito's] done in the way of supporting anti-discrimination laws over the years. But that would be just a facetious comment.
In addition to being dirty, they toss out annoying liberal platitudes to mask a self-absorbed worldview based around “freedom” as defined by easy access to drugs and not being hassled by regulators who aren’t cool with a commune squatting in a tenement. They’re like libertarians without showers and with the decency to pretend they care about other people.
But this federal judge hates them a lot more than the average bear. And he hates their lawyer even more…
* I’ve never heard of a “copyist.” Apparently it’s what you call people who “steal” intellectual property that isn’t actually protected. I’d care, but I’m too busy trying to figure out how The Onion would write this blurb. [You Thought We Wouldn't Notice]
* And now time for your annoying “why do LAWYERS get money instead of PLAINTIFFS??????” post: The Stop-and-Frisk edition. While I wait for some of you to get off the turnip truck, I’ll note that I don’t begrudge the lawyers who helped bring to light the horrible NYPD tactics one cent. [New York Observer]
* Tom Cruise’s lawyer almost got Tom Cruise’s ass beat down by Mark Wahlberg’s fists. [Gawker]
* IED explodes in a district attorney’s office in Oregon. No one was injured. So jokes about Stanford blowing up Oregon’s BCS title chances remain totally appropriate and cool. [ABA Journal]
* Every year, people ask if the February LSAT is “too late” if you want to start law school the next fall. And every year, I want to say “How in the f*** can you not get your s*** together to take the LSAT earlier, but just have to start attending law school as soon as possible?” [LawSchooli.com]
Judge Shira Scheindlin is no Jonathan Martin. When the Second Circuit bullied her off the stop-and-frisk case, she didn’t run crying to her parents. Instead, she’s standing up to the Second Circuit, appealing its ruling that she was improperly biased. She notes that the Second Circuit kicked her off the case sua sponte, without giving her any opportunity to defend or explain herself.
It’s funny… Scheindlin is basically arguing that she got stop-and-frisked by the appellate court. She was walking along, judging her own business, but the Second Circuit jumped to conclusions based on her appearance.
Unfortunately, in my experience, telling the people who stop-and-frisked you that they jumped to a conclusion without probable cause usually doesn’t go well…
These things do happen, but they’re usually one-time occurrences that would otherwise be missed by the members of the legal community, if not for our coverage here at Above the Law.
On the other side of the coin, when you screw up so many times that a federal judge feels the need to publicly excoriate you with the ultimate insult — by comparing your work to that of a pro se litigant — maybe it’s time to hang your head in shame for the rest of your days…
If you are considering a virtual law practice, you know that many of today’s solo firms started that way. But why are established, multi-attorney law firms going virtual?
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:
Reduces malpractice risk
Enables you to gather the best attorneys to fit the firm, regardless of each person’s geographic location
Leverages mobile devices and cloud technology to enable on-the-spot client and prospect communication
Transitioning in-house is something many (if not most) firm lawyers find themselves considering at some point. For many, it’s the first step in their career that isn’t simply a function of picking the best option available based on a ranking system.
Unknown territory feels high-risk, and can have the effect of steering many of us towards the well-greased channels into large, established companies.
For those who may be open to something more entrepreneurial, there is far less information available. No recruiter is calling every week with offers and details.
In sponsorship with Betterment, ATL and David Lat will moderate a panel about life in-house and we’ll hear from GCs at Birchbox, Gawker Media, Squarespace, Bonobos, and Betterment. Drinks, snacks, networking, and a great time guaranteed. Invite your colleagues, but RSVP fast, as space is limited.
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.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.