I don’t know what kind of “logic” makes prospective law students think that they’ll all end up in the top five percent of their classes. But I’m pretty sure the same kind of fallacy arises when a male law school graduate thinks that two women want to take him home from a bar and make love to him at the same time.
Maybe it’s not a logical fault. Maybe it’s the old Achilles heel for lawyers; they’re bad at math. Just because something is possible doesn’t make it probable. What’s probable is that the two women intend to rob you (you know, just like most law schools)…
In Waukesha, Wisconsin this week, two 12-year-old girls tried to murder another 12-year-old girl. Morgan Geyser and Anissa Weier were charged with attempted first-degree intentional homicide for allegedly stabbing their young classmate 19 times. They each face up to 65 years in prison. Though news media typically do not name juvenile criminal defendants, numerous outlets have in this case, because of the severity of the charges and because the girls were charged as adults. Waukesha County District Attorney Brad Schimel said that bail was set for $500,000 for each defendant.
According to police, Geyser and Weier planned the crime for months in advance. They invited the victim to a sleepover at Geyser’s home on Friday, originally plotting to cover the victim’s mouth with duct tape and then stab her in the neck, before running away. Instead, they decided that they would lure the victim to a nearby park the next day. Weier told police that she knew that the park bathroom had a drain in the floor where the blood could go down.
Geyser and Weier told their victim that they were going to the park to go bird-watching and play hide-and-seek. “People that trust you are very gullible,” Geyser reportedly told a detective. They passed by a public bathroom and some trees, and then, “Stabby, stab, stab,” Geyser said.
A bicyclist discovered the victim after she crawled to a sidewalk outside the woods. The victim, who was originally in critical condition, has now stabilized, according to a hospital spokeswoman.
Geyser later apologized when talking with police, then added, “It was weird that I didn’t feel remorse.” When they asked her what she was trying to do when stabbing her friend she said, “I may as well just say it: Kill her.” When police asked Weir if she understood what it meant to kill someone, she replied, “I believe it’s ending a life and I regret it.”
What motivated this horrific chain of events? The answer can be found on the internet…
* “I don’t think the government should be in the credentialing business.” Thanks to the whims of politicians, SCOTUSblog is having trouble getting media credentials to continue its coverage of the Supreme Court’s cases. [New York Times]
* How you like me now? In Redeeming the Dream (affiliate link), a new book co-authored with David Boies, Ted Olson says he experienced “some blowback” when he announced he was taking on the Prop 8 gay marriage case. [WSJ Law Blog]
* Steve Davis and Steve DiCarmine of failed firm fame think it’s “unfair” they have to defend themselves in a criminal case and an SEC case at the same time. They want the SEC case to be halted. Dewey think the judge will say yes? [Law360 (sub. req.)]
* Only in Florida would a judge allegedly challenge a public defender to a fight out back during a hearing and start throwing punches. We’ll definitely have more on this fiasco later today. [WFTV Eyewitness News]
A few weeks ago, China’s police accused GlaxoSmithKline’s former head of China operations of making illegal payments to Chinese doctors to boost GSK drug sales. Last fall witnessed the high-profile trial, conviction, and life sentence of Bo Xilai, the former head of the Chongqing Communist Party, on bribery charges. These two cases send a clear warning: Beijing is cracking down on corruption. Hard.
The GSK case shows that China will not tolerate corrupt activities by foreigners in sensitive industries, especially when such activities result in higher consumer prices. Beijing going after a foreign company for allegedly increasing health care prices is a smart political move, especially since the Chinese web is rife with complaints about exactly that.
But at the same time, it has become clear that Beijing is serious about rooting out corruption. The Party leaders in Beijing know that widespread corruption weakens their legitimacy and they are looking for ways to combat it. The important link between the Bo Xilai and the GSK cases is that they both involve defendants — a political elite and a foreign entity — whose arrests have engendered widespread discussion and sent a strong signal that no one in China is safe from prosecution. While Westerners are mostly complaining about the GSK arrests (multiple GSK employees have been arrested in addition to its former head of China operations), the Chinese internet is mostly loving it.
As a foreign company doing business in China, how should you react to the recent corruption crackdown?
Sanctimonious attorneys bemoan the decline of civility in the legal practice. The “shark” mentality has eroded the quiet dignity of the second oldest profession (someone had to represent the first prostitute at her arraignment). It’s all a bit overblown — a callback to a halcyon time that never quite was.
And now comes another attorney accused of threatening to violate someone in a most uncomfortable way. Except this time it wasn’t in a one-on-one conversation, but for all the world to see on Facebook….
* Congrats are in order for David Barron. The Harvard Law professor was confirmed to the First Circuit in a close vote (53-45), despite his apparent allegiance to our new drone overlords. [WSJ Law Blog]
* Another one bites the dust: Weil’s London banking leader Stephen Lucas decamped for Kirkland & Ellis. The firm retorted by saying: “We have got 40 finance lawyers left.” Aww, yay for you. [The Lawyer]
* Dean Jack Boger of UNC Law is stepping down, but he’s proud of keeping legal ed affordable. “[B]y relative standards, we’re still doing that,” he said. It’s ~$39K for out-of-state students. [Chapelboro.com]
* O.J. Simpson’s lawyers submitted a gigantic legal doc in an attempt to get him a new trial for his armed-robbery case. Court word limit: 14,000. Words in the Juice’s motion: 19,993. Rules: LOL. [NBC News]
Last week, I wrote about why so few people go to trial, and I talked about some of the challenges of going to trial in a criminal case in federal court, particularly in a white-collar case.
This week, I’d like to talk about another challenge with going to trial — statements made to law enforcement by the person who is accused of a crime.
After Zachary Warren was indicted in connection with the Dewey implosion, there was a lot of coverage of why, exactly, a smart, educated, fancy lawyer would talk to law enforcement without a lawyer present. (See, e.g., here, and here, and here).
As these prior pieces talk about, there’s a tactical problem with talking to law enforcement in the first place — the agent may say that he or she is just giving you a chance to “tell your side of the story” or “get the truth out” but, really, that person’s interest is in getting a conviction so they get a stat. They’re trying to build a case against you and that has less to do with celebrating the importance of impartial truth seeking, and much more to do with boxing you in so that a trial would be hopeless (see this on one way to think about the agent’s priorities when they’re taking a statement).
There is, though, another problem with talking to law enforcement — one that, hopefully, DOJ is actually making better.
We’ve been talking about officially-sanctioned Chinese hacking for years. Whether the narrative involved offensive attacks on U.S. systems or industrial espionage, the “China threat” was a reliable talking point when discussing cybersecurity. Was the extent of the threat a little overblown? Sure. Hey, the Pentagon needed to spook some legislators into opening the pocketbook. But the idea that the Chinese government was trying diligently to hack into American systems was accurate.
And now the U.S. is doing something about it. It may not be much, but the Department of Justice is filing charges against five Chinese officials in the People’s Liberation Army (known as Unit 61398) for industrial espionage….
Professor Joel P. Trachtman has developed a unique, practical guide to help lawyers analyze, argue, and write effectively.
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For most attorneys, time spent managing the books is a necessary evil at best. Yet it is undeniably a crucial aspect of running a successful practice. With that in mind, we invite you to view or download a free webinar by Above the Law and our friends at Clio to learn how to better manage your finances.
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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 seven years. You can reach them by email: firstname.lastname@example.org.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!