Biglaw

Last week’s column discussed the underappreciated role that second chairs play in modern litigation practice. But how best to fill the role, once it is earned?

The easy answer is fanatical preparation. Meaning you will need to prepare for every hearing, no matter how minor, as if you were going to be handling the argument yourself. Or if you are at trial, and supporting another lawyer on the testimony (be it direct or cross) of a witness, preparing as if you were conducting the examination. Apply the “laryngitis test” if you need motivation, as in what would you do if the first chair woke up that morning without a voice? Knowing that you could be thrust into the spotlight on short notice should be motivation enough for thorough preparation.

But you also need to put that preparation to good use. Arguing in open court is difficult, for even the most seasoned advocates. If you are being asked to sit at counsel table, the idea is not for you to admire the wood paneling in the courtroom. The expectation is that you will put your knowledge of the case to work, by anticipating the flow of the argument, and making sure that whoever is arguing has any needed information readily available for immediate use. When your partner is speaking, that means keeping track of whether they will need to refer to a document along the way. Or whether they have forgotten to raise an important point. For that latter reason, working out a non-intrusive note passing system in advance can be worthwhile. The key is not to disturb the flow of the argument, but to enhance its effectiveness. If you have nothing to contribute, you should not be sitting there wasting the client’s money. The need to be “active” does not give license to hijack the hearing or cause distraction, of course. Engaged listening at all times and sparing active participation are the better approach in almost all cases.

double red triangle arrows Continue reading “Beyond Biglaw: Warming the Chair (Part 2)”

* In this summer’s Biglaw lawsuitpalooza, real estate and conflicts took the lead as headliners. Poor Boies Schiller had double the trouble when it came to ethics complaints. Ouch. [Am Law Daily]

* New Jersey taxpayers owe Gibson Dunn & Crutcher about $6.5 million thanks to Governor Chris Christie’s Bridgegate scandal. Thanks for the pain in our pocketbooks, chief. [Daily Report (reg. req.)]

* “It’s been a minor inconvenience to us, but of course I don’t like somebody hijacking my name and using it to hurt someone else.” Two Florida law firms are investigating why someone sent out 42 anonymous state bar complaints against one firm using the other firm’s mailing address. [Orlando Sentinel]

* Charleston School of Law is starting a new academic year with even more confusion than it was in last year, considering that its InfiLaw buyout is in a state of flux. Maybe that’s a good thing. [Post and Courier]

* Three ex-Lingerie Football League players have filed class action suits against the club, alleging minimum wage law violations. Come on, pay these half-naked athletes a living wage. [National Law Journal]

Now we’ll unmask this superhero.

Longtime readers of Above the Law will recall the tale of Aquagirl. She’s the former Cleary Gottlieb summer associate who, while in a state of inebriation, stripped down to her underwear at a Chelsea Piers charity benefit and jumped into the Hudson River. This might have been an effort to demonstrate her swimming prowess (she was on the swim team in college), but ultimately she had to be rescued in a boat by either the Coast Guard or the NYPD. Her exploits are now the stuff of legend, the bar by which summer associate misadventures are measured.

In these pages, we’ve referred to Aquagirl simply by her nickname, in keeping with our general policy of anonymizing summer associate stories. But that policy admits of exceptions. We will now unmask Aquagirl because she’s back in the headlines for newsworthy conduct — this time heroic rather than scandalous….

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When you work at a law firm, you must actually solve problems.

If you’re paid to win a case, you must identify the route to victory and develop the facts that take you there. (“They don’t pay us $15 a minute to lose.”) If you’re arguing an appeal, you must anticipate every possible question and figure out a persuasive answer to it.

There’s no place to hide and no one to whom you can push hard issues.

Not so in a corporation: If an issue is insoluble, just send it to the law department! That puts the matter to rest, and you didn’t have to figure out the answer!

Remarkably, I’ve seen this solution proposed not just by folks who work in-house, but by outside counsel, too . . . .

double red triangle arrows Continue reading “If The Issue Is Too Hard, Just Send It To Law!”

* Robert Manfred Jr., formerly a partner of Morgan Lewis & Bockius, is now the commissioner of Major League Baseball, and he beat out another former Biglaw buddy from Kelley Drye & Warren to snag the job. [Am Law Daily]

* “My past is littered with the bones of men who were foolish enough to think I was someone they could sleep on.” Michele Roberts is the first lady to lead the NBAPU, and you don’t want to mess with her. [New York Times]

* In case you haven’t heard by now, Governor Rick Perry was indicted on Friday on felony charges of abusing his power in office. Aww, poor guy. Not for nothing, but we can’t wait to see his mug shot. [New York Times]

* Quinnipiac Law has a new building that cost $50 million, and it’s designed to hold between 400 and 500 students. With only 292 students currently enrolled, that’s a lot of wishful thinking. [New Haven Register]

* “This is a lawsuit against the lawyers for being lawyers, for doing what lawyers do.” It also seems to be a lawsuit that’s allegedly about sex, lies, illegal video tapes… and Waffle House. [Daily Report (reg. req.)]

In today’s Lawyerly Lairs column, we’ll step inside the beautiful home of a Biglaw partner — a name partner at an Am Law and Vault 100 firm, in fact. There aren’t many of those folks still around, since most of the nation’s largest and most prestigious firms are so old. Paul Cravath died in 1940, in case you’re wondering.

But there are a few Biglaw name partners around — at (relatively) young, super-profitable firms, like Wachtell Lipton, Quinn Emanuel, and Boies Schiller. And these lawyers own some fabulous real estate.

Which they sometimes put on the market. Let’s look at the next item up for bids: the D.C. home of a leading litigator, on the market for $4.85 million….

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The Riling family

I cannot believe how, just how generous and nice that was because you don’t see that very much anymore. Most people don’t take the time of day to do very much for anybody else, especially a stranger.

Sunny Riling, a Florida mom whose family recovered their lost camera containing treasured photos — with the help of a Biglaw partner.

(Read on to find out how….)

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Keith Lee

One of the first realities that new lawyers come to confront as they graduate law school — whether it be on their own or within a firm — is that clients are the life blood of practice. No clients, no practice.

This often comes as a surprise to new lawyers. Despite the the glut of lawyers, declining legal industry, and overall economic malaise, many new lawyers still think that clients will magically appear once they have received their J.D. and passed the bar. A few months into practice, they are quickly dissuaded of this notion.

Instead, they learn that clients must be developed or found.

double red triangle arrows Continue reading “Are You A Hunter Or A Farmer?”

Good luck to all of our readers who are now going through the on-campus interview process for 2015 summer associate positions. We’re sure that, armed with Anonymous Recruitment Director’s 8 tips for OCI, you are racking up offers left and right.

Once you have the offers, how do you decide between them? How do you weigh, for example, overall prestige versus strength in a specific practice area?

To this question we now turn….

double red triangle arrows Continue reading “Picking A Law Firm: Prestige Versus Practice Area”

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