I love it: Law firms send us brochures and offer us free CLE programs about all the things that smart corporations should do.
We should protect data privacy. We should have written policies that require pre-approval before our sales folks entertain clients at fancy events. We should train our employees about “intelligent business communications,” so that no one writes stupid e-mails. We should train everyone about conflicts of interest, avoiding discrimination or harassment in the workplace, and insider trading. We should establish systems to confirm that any person or entity that needs a license is in fact licensed.
And then what do law firms themselves do? The firms blithely ship personal information from office to office around the world — because the folks in the U.S. need information about the plaintiff suing for personal injuries in France. The firms have no rules at all restricting how lawyers entertain their clients. Lawyers at the firms write stupid e-mails. [Note to David Lat: Please do not add a link to the preceding sentence about stupid e-mails. You'll link to an article about some law firm in particular, and lawyers at that firm will write to me accusing me of having slung mud at their firm. I'm not slinging mud at any one particular law firm, by God -- I'm slinging mud at all of them!] What else do firms do? Corporate lawyers move from New York to California and never bother to take the California bar exam, because it’s such a pain in the neck, and no one will ever know, anyway.
Corporate Counsel recently investigated this issue, asking major law firms about their compliance programs. The conclusion? Law firms generally either don’t have compliance programs or choose not to discuss the issue (because, I’ll speculate, they don’t have compliance programs, and prefer not to admit this publicly). Isn’t it time for the shoemaker’s children to be shod?
Let me prove that I’ve learned a little about this blogging business over the years: Before the jump, I’ll give you my personal thought or two about introducing prominent speakers. I’ll hold the good stuff — what Fitzgerald, the famous guy, said — until after the jump. (Watch this, Lat! They’ll be drawn through the jump like vultures to carrion!)
How do you introduce a prominent speaker? You can do it the usual way: He went to school, got a job, and did some fancy stuff, zzzzzzzz.
Or you can find something offbeat about the person. I chose to introduce Fitzgerald by saying that I was afraid that our speaker had peaked too young. He had been named one of the sexiest men alive by People magazine in 2005; how do you ever surpass that? And, also in 2005, he had received an award from Washingtonian magazine for “best performance without a script.” For most people, it’s all downhill from there.
Fortunately, our speaker managed to surpass his early achievements. And then I trotted through what must be the usual litany in a Fitzgerald introduction: Led the prosecutions of former Illinois Governors George Ryan (sentenced to five years) and Rod Blagojevich (14 years) and a bunch of others.
That was my contribution to the hour. But, you might ask, what did the famous guy have to say?
But when the talent management folks turn their sights on me, I realize that I have a split personality.
I (and everyone on my compliance team) recently took the Thomas-Kilman Conflict Mode Instrument. This puppy repeatedly asks which of two ways you would choose to resolve a conflict. After you make 30 of those choices, a computer spits out the “conflict-handling mode” that you prefer. The five conflict-handling modes are “competing,” “collaborating,” “compromising,” “avoiding,” and “accommodating.”
This test revealed my underlying split personality before I even learned the results. As to virtually every one of the 30 choices I was asked to make, my answer depends on the circumstances. When representing a party in litigation, I’m often a “compromiser”: He demands 100; I offer 10. He drops to 90; I go to 20. He wants six months to trial; I offer 24. On most subjects, litigants have equal power, and no one wants to be blamed for bothering the judge, so we compromise. According to Thomas-Kilman, I’m a “compromiser.”
But that’s just one of my many personalities. Suppose I’m not representing a party in litigation, but rather “negotiating” with one of my own clients. Goodbye “compromiser,” and hello….
Some of you went to law school knowing exactly what kind of lawyer you wanted to be when you grew up. You watched Law and Order or Boston Legal and decided that duking it out against an evil opponent in the courtroom (while engaging in inappropriate trysts on the side) is your thing. Or you may want to work on billion-dollar deals and attend fab closing dinners with high-level business executives. If so, you probably won’t find this article very useful.
Others of you went to law school because, well, the pre-med thing didn’t pan out and you figured there was nothing better to do. Or maybe you went because your parents really, really wanted you to, but arguing in court sounds intimidating and you really don’t care about negotiating fancy-pants deals. Or maybe the only thing you really care about at this point is landing a decent-paying job. And if it involves some upward mobility and you can also make use of your law school degree, well heck, that would be a plus. If any of this describes you, read on….
* After 22 years of dedicated service, William K. Suter, the clerk of the U.S. Supreme Court, will be retiring come August. Now don’t get too excited about that, it’s not really a job you can apply for; you have to be appointed, so keep dreaming. [Blog of Legal Times]
* A Biglaw hat trick of labor deals: if you’re looking for someone to thank for bringing a tentative ending to the management-imposed NHL lock-out, you can definitely reach out to this group of lawyers from Skadden Arps and Proskauer Rose. [Am Law Daily]
* “Thanks for helping us out, but you can go f**k yourself.” AIG, a company that was bailed out by the government, is now considering suing the government with its shareholders. [DealBook / New York Times]
* Apparently there’s such a thing as the “Nick Saban Corporate Compliance Process.” And as we saw from last night’s game, that process involves efficiency, execution, and raping the competition. [Corporate Counsel]
* Guess who’s back in court representing himself in a racketeering trial? None other than Paul Bergrin, “the baddest lawyer in the history of Jersey.” Jury duty for that could be a fun one. [WSJ Law Blog (sub. req.)]
* Too bad last night’s football game between Alabama and Notre Dame wasn’t played by their law schools. In that case, the final score on factors like tuition, enrollment, and employment would’ve been a tie. [HusebyBuzz]
* As an in-house compliance officer, there’s only one guarantee: you’ll be paid, and you’ll be paid quite well — we’re talking like six-figure salaries here. Regulatory corporate compliance, on the other hand, isn’t such a surefire thing. [WSJ Law Blog (sub. req.)]
* When it comes to employment data, this law dean claims that using full-time, long-term positions where bar passage is required as a standard to measure success in the employment market is “grossly misleading.” Uhh, come on, seriously? [Am Law Daily]
* “Bar passes and jobs are inextricably tied,” but eight of New York’s 15 law schools had lower bar passage rates than last year for the July exam. Guess which school came in dead last place. [New York Law Journal]
* Dominique Strauss-Kahn officially settled the sexual assault civil lawsuit that was filed against him by Nafissatou Diallo. Given that she thanked “everybody all over the world,” it was probably a nice payout. [CNN]
* Steven Keeva, a pioneer in work/life balance publications for lawyers, RIP. [ABA Journal]
* “There’s no future in working for Dewey & LeBoeuf,” but maybe if the firm’s few remaining employees can hold on for a little while longer, then perhaps they’ll be able to take home some bonus cash. [Am Law Daily]
* Doctors in Arizona are trying to block part of a new law that makes it a crime for physicians to perform abortions after 20 weeks of pregnancy. Well, somebody wasn’t paying attention in Con Law. [Bloomberg]
* All it took was an investigation by the Michigan Judicial Tenure Commission to get this judge to change his tune and apologize for throwing a lawyer in jail for the crime of representing his client. [WZZM]
* What do recent law school grads think about Yale Law’s new Ph.D. program? Most aren’t willing to spend the time or money to “resolve [their] next career crisis by going back to school.” [U.S. News & World Report]
* Come on, you’re not the 99 percent. Clinic members from NYU Law and Fordham Law wrote a report criticizing the NYPD’s response to the Occupy Wall Street movement. [Thomson Reuters News & Insight]
* Wait, law schools are slow to adopt something that may benefit their students? What else is new? Corporate compliance classes are few and far between, even though they could get you a job. [WSJ Law Blog]
Someone in the company is going rogue: The person proposes to do something brazenly illegal, or slightly illegal, or perfectly legal but sufficiently immoral that the conduct would turn any reasonable person’s stomach. The rogue is not listening to logic. The person is ignoring everything that your local in-house lawyer is saying.
When the local lawyer calls the headquarters law department for help, these are the words that headquarters must be able to speak: “Local lawyer, you win. This is not a close call; we should not be doing this. In this situation, I guarantee you that you hold the trump card. Who do you need to make a call to solve your problem? The general counsel? The chief financial officer? The CEO? Someone else? We will cause that call to be made in a heartbeat. What do you need?”
Is that what people mean when they talk about “tone at the top”?
What does it mean to be “newly admitted?” To us, it means endless possibilities!
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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: firstname.lastname@example.org.
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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