Biglaw

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.

What do you use those notes for?

double red triangle arrows Continue reading “Inside Straight: Reporting On Depositions”

Stephen Venuto

People came in wanting to work, which is a shift. Students’ primary goal three or four years ago was to ensure they had a terrific social experience. They short-changed themselves a little.

Stephen Venuto, head of on-campus recruiting for Biglaw firm Orrick Herrington & Sutcliffe, commenting on the new environment of summer associate programs during the legal recession.

This year, Orrick made offers of full-time employment to 47 of 52 summer associates. The firm’s 90 percent offer rate was at the lower end of the spectrum of the 17 national firms surveyed by Am Law.

We have been tracking — as have other news outlets, such as the New York Times — which leading law firms offer the perk we’ve nicknamed the gay gross-up. If you’re inclined towards formality, you can call it the “tax offset for domestic partner health benefits.” For an explanation of what this perk is all about, read this prior post.

Since our last round-up, additional prominent law firms have adopted this policy. Let’s check out the latest list….

UPDATE (9/7/11, 12:30 PM): We’ve added to our list since it went up yesterday.

double red triangle arrows Continue reading “Biglaw Perk Watch: More Firms Adopt the Gay Gross-Up”

Who celebrated Labor Day with an end of summer bash, and who was too busy laboring away on billable work?

Tell us by taking our short and confidential survey, brought to you by Lateral Link, and then check back later in the week for the survey results. In the meantime, you can visit the Career Center to find out more about the vacation policies at the nation’s top Biglaw firms.

Ed. note: Welcome to Letter from London, a weekly look at the U.K. legal world by our London correspondent, Alex Aldridge. Alex previously covered the London riots and the royal wedding for Above the Law.

“Thank God” Britain didn’t join the Euro, said U.K. chancellor George Osborne last month, as the debt crisis in Greece began to spread to the much larger economies of Italy and Spain. But with the fortunes of the U.K. tightly bound to the rest of Europe (its biggest trading partner), the reality is that we’ll be hit almost as hard as our single currency-sharing neighbours if, as many expect, the crisis worsens.

Last week, as I did the rounds of the U.S. law firms in London in preparation for the commencement of these regular installments from across the pond, I asked various managing partners what European debt contagion would mean for large law firms in the U.K. And, predictably, they reeled off the standard recession line about law firms being “well placed to handle the anticipated wave of restructuring work.”

Doubtless there’s some truth to this. Indeed, Skadden and Linklaters are already riding the wave, with the pair currently advising on the merger between Greece’s second- and third-largest banks. Such are the demands of the deal that much of Skadden’s relatively small London office has apparently been required to temporarily decamp to Athens.

The worry is what happens after the restructuring is complete, with experts predicting that Eurozone sovereign debt defaults could precipitate a decade-long depression. This would be especially bad for the legal profession….

double red triangle arrows Continue reading “Letter from London: On the Brink of a Double Dip?”

Luis Mijangos: Sextortionist Extraordinaire

* According to the Bureau of Labor Statistics, 100 new jobs were added to the legal industry last month. About 40,000 students graduated from law school this spring. You do the math. [Am Law Daily]

* This Maryland law school dean thinks that the U.S. News rankings “generalize about things that are not generalizable.” Come on, lady, don’t bite the hand that feeds you. [College Inc. / Washington Post]

* Did you get an email from Paul Ceglia about enlarging your penis? If so, it’s because lawyers at Gibson Dunn exposed the fraudster’s passwords in a court filing last week. Oops. [Bloomberg]

* A computer hacker in California got six years for sextortion and cyberterrorism. Ladies, this is just another reason to save your nude pictures on your flash drive, not your hard drive. [CNN Justice]

* An Ohio man who stopped paying into the office lottery pool is suing for a share of his co-workers’ $99M jackpot. You get what you pay for, and in this case, it should be nothing. [Fox News]

Judge Peggy Ableman

Ed. note: Due to the Labor Day holiday, we’ll be on a reduced publication schedule today. We’ll be back to normal tomorrow. A restful and happy Labor Day to all!

* More about the Delaware benchslap that we covered last week (including the news that Judge Peggy Ableman’s pajama party did not go forward as proposed). [Delaware News-Journal]

* The federal government is suing 17 banks for almost $200 billion, blaming the banks for mortgage-backed securities that went bad. [Bloomberg]

* An interesting dissection of the legal fees that Dewey & LeBoeuf is running up as counsel on the Los Angeles Dodgers bankruptcy. [New York Times]

Roger Clemens

* Roger Clemens will face a second trial next year. Lester Munson, the esteemed legal analyst, explains why. [ESPN]

* “From One Bankrupt Firm to Another: Brobeck Asks Heller For $471,000.” [Am Law Daily]

* AT&T faces a tricky balancing act in dealing with the Justice Department’s challenge of the T-Mobile deal. [New York Times]

* If you’re confused about the current role of lawyer-turned-entrepreneur Michael Arrington over at AOL, in the wake of AOL’s acquiring his TechCrunch site, you’re not alone. [Digits / Wall Street Journal]

There was no rational foundation to do [the spring bonuses]. It was not as if suddenly all the law firms in The Am Law 100 were minting money.

Ralph Baxter, longtime chairman and CEO of Orrick (shortly before he was overheard screaming at the Wheeling career associates to mint more money).

The Am Law Midlevel associate survey came out yesterday. Satisfaction among 3rd, 4th, and 5th year Biglaw associates is down for the second year in a row.

That’s a trend people should get used to. The midlevel survey should be renamed the Survivor’s Remorse Report for the next few years. The thing will be a snapshot of the few who made it through the great winnowing of 2009, or the lucky who got into Biglaw as the industry massively scaled back new associate hiring. As demand for legal services picks up, all we’re going to be looking at here are people working extremely hard on inadequately staffed cases.

My favorite quote from the Am Law piece is from a DLA Piper associate (the associate will be played by Miranda from the Tempest in my mind) who said: “Firms got too lean [after the recession] and consequently realized that associates will work more and more if asked. Quality of life has therefore decreased.”

Oh, brave new world.

These midlevels who are whining right now are slightly missing the big picture. They might have to work long hours, but they are going to make serious bank for the rest of their legal lives….

double red triangle arrows Continue reading “The Watchword Is ‘Labor’ in This Year’s Am Law Midlevel Survey”

Lauren Serafin and Robert Leighton

Chicago sounds like a tough town for romance. Check out the first Courtship Connection date that went down in the Windy City. Let’s hope that future dates go better.

Chitown was also the venue for Serafin v. Leighton. In this lawsuit, a lovely young lawyer, Lauren Serafin, sued her handsome ex-fiancé, Sidley Austin associate Robert Leighton, for “breach of promise” to marry. Serafin alleged that Leighton cheated on her during his Las Vegas bachelor party, with a woman named “Danielle,” and then broke off the engagement — saddling Serafin with almost $63,000 in wedding- and honeymoon-related expenses.

We now bring you an update on this saga….

double red triangle arrows Continue reading “An Update on Chicago’s Runaway Bridegroom and Jilted Bride”

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