* To those of you who celebrate it, Happy Easter! Welcome the holiday by voting in the ABA Journal’s fifth annual “Peeps in Law” contest. [ABA Journal]
* If law firm brackets aren’t your thing, check out Professor Kyle Graham’s brackets for (1) law school classes and (2) law blogs. I’m thankful for ATL’s #1 seed but terrified by who we’re up against (because they’ve ripped me a new one before). [noncuratlex]
* Sorry, Judge Steiner, you wuz robbed; you should have been our Judge of the Day. It’s tough to top “allegations of a sexual quid pro quo with a female lawyer and the eye-opening confiscation of carpet from [chambers] for forensic analysis.” [OC Weekly]
First, some random thoughts on the legal news of the week:
1) Who gives two ***** if gay folks get married? Or have the same rights as you and me? My goodness, if two people want to get married, God Bless them! And it is a civil rights issue; being told that you can’t have information on your partner’s hospital stay because of HIPAA is downright medieval. The pastor whose YouTube speech went viral after reading from anti-desegregation literature and turning it into an anti-gay marriage diatribe was probably the most brilliant argument in defense of gay marriage. Twenty years from now we’ll be saying: “Gay marriage? Meh, it’s really those damned ______ that we have to watch out for…” Hey, it’s America, **** yeah!!, every group gets a turn at being the downtrodden.
2) Don’t get me started on North Dakota’s draconian steps with regard to a woman’s right to choose what to do with her own body. Now see, it’s Holy Week and I probably can’t take communion.
3) This DLA Piper billing debacle? Makes me sick, and is a perfect segue into finishing my column from last week. I know I know, DLA came out and said, “Heh heh, we were just kidding. Those guys aren’t even around here anymore. Overbilling? Meh. Never happened, we promise.” What did you expect them to say?
I happen to know personally one of those mentioned in the story, and he was just as much a dim bulb back then, so it is no surprise that he wrote that stuff in an email. That he moved on to a partnership at another firm is no surprise either. I will say that he is infamous for leaving one of the funniest and most outrageous drunk emails voicemails on a colleague’s phone early one morning. And he probably can’t figure out who he is from this blind item in any event. But, I digress, back to overbilling…
* With SCOTUS justices questioning standing in the Prop 8 case, and one even stating that gay marriage is newer than cell phones and the internet, you can guess where the decision is headed. [New York Times]
* “This badge of inequality must be extinguished.” With men like Ted Olson and David Boies representing the plaintiffs in Prop 8, at least we can say that they fought the good fight. [Wall Street Journal (sub. req.)]
* It looks like Paul Ceglia’s zany misadventures in being fired as a client by Biglaw firms and suing Facebook may finally be at an end thanks this scathing 155-page recommendation of dismissal. [CNET]
In fairness to DLA Piper, the craziness might not be that high on a per capita basis. DLA Piper is one of the largest law firms in the world. In the most recent Global 100 rankings, DLA took second place in both total revenue and attorney headcount.
Many of the DLA Piper stories are on the lighter side. But this latest one — involving serious allegations of overbilling, apparently supported by internal DLA emails saying things like “churn that bill, baby!” — is no laughing matter….
* You know, in 20 years, Republicans are going to be telling us that the federal government’s pot taxes are too high. [Washington Post]
* DLA Piper might get in trouble from bragging about the size… of its bills. [Dealbook]
* Michele Bachmann is under investigation for being a demon spawn of the fifth circle from… oh, wait sorry, they’re just looking at her use of campaign funds. [ABC News]
* Is anybody else unreasonably excited to hear what offensive, homophobic remark Justice Scalia makes today? [National Review]
* With everybody looking at gays, I wonder if this will be the day for the Supreme Court to declare the end of racism against white people while doing nothing about racism against black people with a 5-3 (Kagan recusing) decision on Fisher. [SCOTUSblog]
* So, this BlackBerry thing doesn’t seem to be going very well. [Forbes]
‘I’m excited because I can see my lawyer hasn’t slept in three days!’
Let the micromanagement begin! Clients always complained about bills, but over the last several years, clients elevated their complaints to outright micromanagement, objecting to “block billing” and refusing to pay for internal team meetings, even on massive projects.
I’ve said before that this billing regime saps lawyers of valuable efficiency. Not that lawyers are perfect, but constantly stopping to parse out billing for every individual task creates a bigger waste.
Now clients have a new technological tool to intrude upon the workday….
A former congresswoman faces possible disbarment for allegedly overbilling a client.
Now, obviously overbilling is terrible and the bar should protect clients, but the allegations, at least as reproduced in the Atlanta Journal-Constitution, sound damning only to the lay observer. As I read through the charges, it seemed like pretty run-of-the-mill litigation.
But whether the congresswoman engaged in overbilling or not, the story reminded me of the inherent shortcomings of believing the billable hour is objectively fair to clients….
‘Can’t a kid have a five-minute feeding break without a partner email?’
I can’t actually make this stuff up. Yesterday, a Labor associate became an impromptu midwife. (Is there a term for a male in this role? Midhusband? I don’t know whether it was a man or a woman that should be credited with the assist on this one, and I’m assuming “midwife” is gender neutral for these purposes). The action took place inside a law firm’s office after a fellow attorney in the employee benefits practice started giving birth, presumably while redlining some rider for the umpteen-millionth time.
The mother, we hear, was due in the next week or so. According to our tipster, mom was hoping to maximize her hours before having to go on leave. Well, she succeeded.
Apparently, she needs to turn her talents toward renegotiating the firm’s employee benefits. A couple days off before having a baby might be a good place to start….
* A new lawsuit asks, “Who owns Sherlock Holmes?” That sounds like a mystery suitable for… ugh, I can’t bring myself to finish that gag. [Courthouse News Service]
* The well-oiled train wreck that is the NCAA finds itself in hot water for ignoring legal advice and going after Miami using privileged information. Lawyers are often maligned by non-lawyers, so let’s enjoy this article from a sports columnist explaining why lawyers can be awesome. [EDSBS]
* There’s a new iTunes app to keep track of your hours! I’m assuming it has a Biglaw feature to pad hours. [Herald Online]
* A trilogy of articles about California’s prison “realignment,” described as “The Best Trilogy Since Star Wars.” I’m certainly hoping this isn’t a reference to Episodes I-III. [PrawfsBlawg]
* The third in an ongoing series of posts covering the trial of DC superhero Firestorm. Too bad he doesn’t have that split personality defense to fall back on. For the three of you who got that joke, you’re welcome. [Law and the Multiverse]
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.