* So, this happened over the weekend: Anonymous hacked the U.S. Sentencing Commission’s website and is threatening to release government secrets about the DOJ (and possibly all nine of our Supreme Court justices) unless the legal system is reformed. [CNET]
* A spoonful of sugar makes the lawyering go down? Apparently the best way to remind lawyers that they need to act civilly is through song. Or through Above the Law posts, but we aren’t in the habit of hosting sing-a-longs like the New York Inn of Court did. [Wall Street Journal]
* “[U]nless there are major changes in the legal industry,” law school administrators shouldn’t expect people to apply in droves, especially when they’re now fleeing like rats from a sinking ship. [National Law Journal]
* Arizona’s Supreme Court will allow people to take the bar exam after two years of study, but come on, the justices don’t want to jump the shark by allowing online law grads take the test, too. [East Valley Tribune]
* Tim Tebow got to trademark Tebowing, so why shouldn’t Colin Kaepernick get to trademark Kaepernicking? All the San Francisco 49ers quarterback wants to do is sell some inevitably overpriced t-shirts. [NBC Bay Area]
* An appeals court threw out two of Casey Anthony’s convictions, but her legal drama is far from over. The ex-MILF filed for bankruptcy to escape nearly $1 million in liabilities, including Jose Baez’s legal fees. [CNN]
Why do so many people think that you must be a blowhard to be an effective litigator?
I’ve recently heard several tales of business folks (or in-house lawyers) worrying that outside counsel is not aggressive enough. What prompts the concern is the lawyer’s performance during a conference call or at a meeting: The lawyer is civilized. The lawyer speaks quietly, asks probing questions, gives intelligent advice, and appears to be an effective advocate.
After the meeting, one of the participants says: “Are you sure we should use that guy? He doesn’t seem very aggressive.”
Remarkably (at least to me), I’ve heard the same thing at law firms. I’ve heard transactional lawyers wonder about litigators who are calm and intelligent at the lunch table: “He’s such a nice guy. I’m not sure I’d trust him in court.”
What’s my reaction? On the one hand, we can’t ignore perceptions. If a lawyer is so low-key that he doesn’t inspire confidence, then that is a legitimate concern. If I don’t trust the lawyer who’ll represent me at trial to defend me during a vigorous cross-examination, then that’s a real issue; we shouldn’t hire that lawyer. Confidence matters.
On the other hand, if the concern is simply that the litigator is not a blowhard — the lawyer speaks quietly and intelligently during business meetings, where there’s no need for bluster — then I have a very different reaction. In fact, I have three reactions:
Most of my friends are lawyers. Forrealz. To be sure, an increasing number of them, like me, no longer practice. But most of them still do, and I still like hanging with them.
When I would go to Suffolk Superior Court in Boston, or the federal district court across the channel in Southie, I would bump into classmates or colleagues more often than not. Later in my practice, it became increasingly common that I would already be friends with my opposing counsel. Some lawyers don’t like litigating against their friends, but I always did. It made it easier to get things done, and you didn’t have to waste time with unnecessary gamesmanship.
If you already had a level of trust with your opposing counsel, you could skip all the silly things that slow down litigation and make it more unpleasant. Discovery disputes, for example, drop down to zero. Settlement talks start sooner and are more meaningful. Extension requests are automatically given. Cases get resolved faster and easier.
But do you know who doesn’t like it when opposing lawyers are friendly with each other?
Find out who — plus big news about this column — after the jump.
Have you ever noticed that some lawyers become different people when they get in front of a keyboard?
It’s like a Jekyll-and-Hyde kind of thing. They might be perfectly pleasant individuals in real life, capable of warmth or at least civility to their fellow human beings. But get them in front of a computer with a law-firm template on the screen, and they turn into some sort of lawyerly unmanned drone.
Most lawyers, especially junior lawyers, have an idea about what a lawyer letter is supposed to look like. It generally has fancy lawyerly words like “pursuant to,” and it usually includes lawyerly weirdnesses like parenthetically writing numbers in figures after having just spelled out the numbers in words (“If we do not receive a response for you and/or your counsel in five (5) days …”), and it almost always contains threats about Very Bad Things happening. And they tend to be uniformly douchey.
But here are four (4) reasons why lawyer letters are less effective than phone calls.…
So you spent a considerable amount of time courting, selling and maybe even doing some friendly stalking of that attractive lateral partner candidate with a sizable book. After he or she ignored your emails and didn’t return your calls, a few weeks go by and you read a press release in the legal media announcing the recent move to a competing firm.
Rats. Another one got away from you. You cringe when you consider how much time was spent in meetings that did not bear fruit. Your heart aches when recall how you were led to believe this was a marriage made in heaven.
You have been rejected.
The sting of rejection is painful, even for fancy law firms. But you need to find a way that you can turn this disappointment into a legitimate learning experience.
No, this isn’t a pre-party before we come back next fall for the real thing. This IS the real thing. Quinn Emanuel is pushing the envelope on recruiting. The party is now. This is when you meet the partners and associates face to face. This is when we begin the dance that could land you an offer for your second summer BEFORE school starts in the fall.
First: You come to the party. Second: If you like us, you send your resume after June 1, 2014. Third: If we like each other, you get an offer.
We’re not waiting for fall. We’re not doing the twenty minute thing. This party is the real thing!
We hope you’ll join us, and look forward to meeting you.
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 protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
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