First, an offer: I thought I had retired my “book talk” about The Curmudgeon’s Guide to Practicing Law when I moved to London last fall. But I’ll be in the States for a few weeks in late May and June, and I’ve been asked to dust off the talk and give it a few times — at the annual meeting of the Association of Defense Trial Counsel in Detroit, and again in Chicago for Kirkland & Ellis and Greenberg Traurig. So long as I’ll have to flip through my notes and re-learn the talk, I might as well give it for your group, too. Please let me know by email if your law firm is interested.
Second, today’s thesis — and it’s a backwards one: Law firms think more highly of you for the years when you’re not working at the firm.
I’ll start with the easy example: I moved as a sixth-year associate from a small firm in San Francisco to a huge firm in Cleveland. When I arrived at the huge firm in Cleveland, partners treated me surprisingly well. Why?
Earlier this week, President Barack Obama reiterated his interest in shutting down the prison at Guantanamo Bay: “I’ve asked my team to review everything that’s currently being done in Guantanamo, everything that we can do administratively, and I’m going to reengage with Congress to try to make the case that this is not in the best interests of the American people.”
President Obama isn’t alone in being troubled by goings-on at Guantanamo. This morning I attended an interesting panel discussion where a retired admiral, the former Judge Advocate General of the Navy, spoke out in favor of closing Gitmo….
* A patent infringement suit filed over the “hairy visor.” The best idea for combatting hair loss since SNL’s Chia Head. [Lowering the Bar]
* The Hong Kong legal community is split over the continued donning of wigs. It’s nice how China allows them to think they have a choice on such matters. [Wall Street Journal]
* Crooks are decoding remote signals for keyless entry to cars and police are encouraging drivers to manually lock and unlock their cars. Screw that. I’m an American and a small risk of losing a car is not worth spending an extra 3 seconds unlocking a door like a schnook. [Legal Juice]
* Former U.S. Judge Paul G. Cassell called for a U.S. House of Representatives panel to ask the U.S. Attorney’s Office in Brooklyn to explain why it “appears” to be engaging in “on-going violations of important federal crime victims’ statutes.” Jeez. You let a few tens of millions in white collar crime go unpunished and suddenly everyone’s jumping down your throat. [WiseLawNY]
* A sexual harassment suit can go forward against a supervisor who exposed himself to a subordinate. In his defense, she DID make the accusation that he “didn’t have any balls,” so she very technically asked for it. [Adjunct Law Prof Blog]
* Lat’s turning his serialized web fiction into a real live book, scheduled for publication in 2014. Congrats, Lat! [Supreme Ambitions]
* REMINDER: If you’re looking to enter the annual ATL Law Revue Video Contest, send us that submission by THURSDAY, APRIL 18, at 5:00 PM (Eastern time). That’s not a soft, law school deadline; it’s a hard, law firm deadline. [Above the Law]
* A reminder that yesterday’s events may be more aptly compared to the Atlanta Olympics bombing than 9/11, at least with regard to the targeting of a public event, regardless of the media’s inclinations. [Balloon-Juice]
* Employees around the country are wildly abusing Twitter’s new app, Vine, exposing themselves to retribution and disclosing confidential information. And I’m highly looking forward to the first “Biglaw associate abuses Vine” tip showing up in my inbox. [Connecticut Employment Law Blog]
* Bear Lawyer comments on the Bitcoin debacle. [Bear Lawyer]
* Congratulations to NYU Law for winning its 5th Straight Deans’ Cup over Columbia on a last second play. I’ve been waiting for video of this ever since I learned that the game ended on a buzzer beating three-pointer when an unknown NYU student informed me of it on the subway platform that night. Well, now we have our video and it is highlight worthy….
I’m not reviewing the book, but instead using it as a jumping-off point to discuss a tangent. Harper explains in his book two things that every sentient lawyer has noticed over the past several years: (1) students are graduating from law school buried under a mountain of debt, and many of those students can’t find jobs, and (2) many law firms have lost sight of the law’s noble history as a learned profession and are now obsessed with maximizing their profits per partner in the coming year.
Harper’s right about these things, of course, and this isn’t exactly late-breaking news to anyone who’s been following either Above the Law or Harper’s blog, The Belly of the Beast, for the last few years. Harper’s book advances the discussion, however, by exploring these issues in more detail than others have. He also proposes possible solutions to these problems, including “allowing the federal government to recover [law school loan] guarantees from a law school (and its university) whenever a student loan became the principal contributor to an alumnus’s later bankruptcy.” (Page 159.) Or encouraging law firms to release their “Working Culture Index,” which would show the percentage of lawyers billing more than 2000, 2100, 2200, 2300, 2400, and 2500 in the previous year (perhaps with separate totals being released for partners and associates). (Page 173.)
These ideas are well worth discussing, and I’m glad that Harper has taken the time to analyze these things. But I have another topic to highlight, which is an odd tangent to Harper’s two issues . . . .
* “I don’t believe judges should be filibustered.” Tell that to the rest of your Republican pals, Senator Hatch. D.C. Circuit nom Sri Srinivasan faced little drama at the Senate Judiciary Committee yesterday. [Bloomberg]
* A bipartisan gun regulation deal has been reached in the Senate, and of course the NRA is opposing it — well, except for the parts that expand gun rights. The group really likes those parts. [Washington Post]
* Trolling for patent partners? Bingham recently snagged five IP partners from DLA Piper’s Los Angeles office, including the former co-chair of DLA patent litigation department. [Thomson Reuters News & Insight]
* Time well spent: while Detroit hangs on the precipice of bankruptcy, local politicians are worrying about whether retaining Jones Day poses a conflict of interest for their emergency manager (Kevyn Orr, formerly of Jones Day). [Am Law Daily]
* NYLS — or should we say “New York’s law school” — is revamping its clinical program to kill two birds with one stone (e.g., fulfilling pro bono hours and boosting job prospects). [National Law Journal]
* For all the talk of his being a hard ass, Judge Rakoff is a nice guy after all! The judge gave an ex-SAC trader permission to go on a honeymoon after his release from prison. [DealBook / New York Times]
* If you’ve ever wondered how Lat spends his free time, sometimes he’s off writing book reviews for distinguished publications. Check out his review of Mistrial (affiliate link) here. [Wall Street Journal]
* “Lindsay Lohan is the victim.” What the Heller you talking about? LiLo’s lawyer thinks there’s a conspiracy among the prosecutors on her case that’s resulted in leaks of information to TMZ. [CNN]
Ed. note: This is the latest installment of The ATL Interrogatories, a recurring feature that gives notable law firm partners an opportunity to share insights and experiences about the legal profession and careers in law, as well as information about their firms and themselves.
What do Bob Dylan, Jerry Seinfeld, and Facebook have in common? Orin Snyder is their attorney. Orin is a litigation partner in Gibson Dunn’s New York office, and serves as Vice-Chair of the Crisis Management Practice Group and Co-Chair of the Media, Entertainment, and Technology Practice Group. He is also a member of the White Collar Defense and Investigations, Appellate, and Intellectual Property Practice Groups.
If you follow the world of large law firms, then you are probably familiar with the incisive and candid commentary of Steven J. Harper. Over at his blog, The Belly of the Beast, Harper offers excellent insights into the world of Biglaw.
Harper knows so much about that world because he spent his entire legal career in it. He joined Kirkland & Ellis after graduating from Harvard Law School in 1979. He practiced litigation at the firm for about 30 years, until his retirement in 2008, at the early age of 54 (which you can afford to do when you’re an equity partner at a firm as lucrative as K&E).
In addition to blogging, Harper has written four books. I spoke last week with Harper about his latest book, The Lawyer Bubble: A Profession in Crisis (affiliate link), and about his views on the worlds of Biglaw and legal education….
Ed. note: Welcome to the latest installment of The ATL Interrogatories, a recurring feature that gives notable law firm partners an opportunity to share insights and experiences about the legal profession and careers in law, as well as information about their firms and themselves.
Don Lents is chair of Bryan Cave LLP. His practice focuses on M&A, corporate governance, and securities law, with particular emphasis upon multinational and domestic mergers. He has been an adjunct professor at the Washington University Law School. He received both his undergraduate and law degrees from Harvard.
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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 six years. You can reach them by email: email@example.com.
Deal flow has clearly picked recently up for most US associates, counsels and partners in Hong Kong/China and Singapore. We are on the phone with a lot of these folks on a daily basis, many of whom we have known for years. Further, the head of our Asia team, Evan Jowers, and Kinney’s founder and president, Robert Kinney, frequently meet in person with leading US partners in Asia to assess their needs and keep on top of the inside scoop at as many firms as possible. The need for legal recruiting help in Asia from experienced recruiters appears to be live and well. In March, Evan and Robert were in Beijing at such meetings, in April, Evan was in Hong Kong, and for half of June Evan will be in Shanghai and Hong Kong. Thus its pretty easy for us to tell when there has been an across-the-market pick up in capital markets and corporate work.
On an average day in Asia when Evan and Robert visit firms, they typically have 5 to 9 meetings a day, mostly with US partners in the market. The reason they have these meetings is not simply because Kinney makes a lot of US attorney placements in Asia and that a particular firm may have openings; instead these are just visits with friends. After years of working together as business partners, the folks at Kinney are actually these peoples’ friends. The firms Kinney work closely with in Asia (which is just about every law firm – call us if you want to know the one firm in the world we will never place anyone with again, ever, and why) look forward to the visits, or at least act like they do. After seven years in the market, many of the client partners are former associate candidates. Also, these US partners see Kinney as a very good source of market information as well, because they know how deep their contacts are in the market and how frequently they are speaking to counterparts at peer firms.
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
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