A few weeks ago, I discussed whether it was possible to go paperless. I want to pick up where I left off and drop a few more tips for how to go paperless and why it’s important. For me, as a solo practitioner, I have to be efficient. It’s how I keep an edge over other small firms and how I level the playing ground with big firms. But, it’s not all about competing with others. I reduce my paper use because I am just way too busy to spend 3 hours doing something that I could do in 30 minutes.
Also, just to be clear, when I say “paperless,” I really mean “mostly paperless.” It is not possible or practical to go entirely paperless in this current decade, but I think that the less paper we use, the better.
Litigators get away with a lot of obnoxious stuff during discovery. For better or worse, the pre-trial discovery phase of civil litigation is every lawyer’s opportunity to relive those times when parents leave kids alone for the first time: every slight, disagreement, and jealousy on a slow boil explodes into anarchic back-biting once there’s no authority figure around to enforce civility. Bring on the mean-spirited letters and smack-talking RFAs.
When it comes to depositions, it doesn’t always reach “fatboy” levels, but a federal deposition isn’t a deposition until someone threatens to call the magistrate — though never does.
Which is why this benchslap, where a federal judge levies a sanction straight out of elementary school, is so appropriate….
Dropbox is one of my favorite programs. It certainly changed the way we share files and collaborate on cases. Another one of my favorite programs is TrialDirector, the best program for presenting evidence in trial. It’s got great tools for organizing and annotating evidence. Both programs have their pluses and minuses in terms of price and features.
When those two programs have a baby, that baby is awesome. The baby’s name is TDNotebook.
What Is TDNotebook?
TDNotebook is a cloud-based evidence management tool for collaboration between your office, co-counsel, vendors, and experts. It’s free like how Dropbox is free – you get a certain amount of free storage, and for anything above that, you have to pay.
The ceiling of a Columbia dorm room collapsed on a student, giving her a herniated disk and persistent headaches. She claims the back injury compromised her ability to get a decent night’s sleep and forced her to take muscle relaxants to deal with the pain.
Now the newly minted lawyer is suing the school over her injuries, and the school’s lawyer is suggesting that the victim can’t really have this back injury because she kept getting good grades.
[Shawn Carter aka Jay-Z] is one of the most prolific and hardest-working businessmen and recording artists in the world. This summer, among many other commitments, he is headlining a grueling 18-city North American concert tour with his wife, Beyoncé Knowles, between June 25 and August 6. With the tour opening fast approaching, the next four weeks are already filled beyond capacity with production and business meetings and rehearsals. Preparing for a stadium tour is a non-stop effort. And this is all in addition to Mr. Carter’s usual duties as the CEO of several businesses, at least two scheduled product launches, and curating a first-of-its-kind, bicoastal, music festival in August…. [S]cheduling an early deposition would unnecessarily burden and harass [Jay-Z].
Arato represents UMG Recordings, Island Def Jam Music Group, Roc-A-Fella Records, and Jay-Z in a suit filed by Dwayne Walker, who claims he’s owed $7 million in contractual royalties for the use of a logo he allegedly drew in 1995. Walker is represented by one of most infamous lawyers to ever grace these pages: Gregory Berry, he of the “superior legal mind.” In her letter, Arato claims that Berry has made “improper efforts to sensationalize” the case.
(Keep reading to see the full letter, which really hangs Greg Berry out to dry.)
Usher wrote this song called Bad Girl. It’s got a good beat and you can dance to it. Anyway, this guy named — I s**t you not — Dan Marino claims he wrote the song and Usher and his cronies stole it from him. He wants millions and millions of dollars. But rather than trigger the fall of the House of Usher, his lawyer got handed his hat.
He hired a lawyer named Francis Malofiy to zealously represent his interests. To his credit, “zeal” is not a failing of Mr. Malofiy. Courtesy, respect, professional responsibility — these things might be lacking, but he’s got zeal covered.
And, as it so often does, the latter failings (coupled with the former strength) gave rise to an epic benchslap….
Time and again, we’ve seen outrageous behavior and absurd antics from both lawyers and litigants during depositions. Sometimes deponents tell attorneys to “suck [their] dicks,” and sometimes attorneys actually draw pictures of dicks.
Sometimes, Biglaw partners get so frustrated due to the sheer stupidity of the deponent’s testimony on the record that they come thisclose to losing their minds.
I probably took just a dozen business trips as an associate (I travel much more frequently now as an in-house lawyer). A dozen is also about the total number of hours I actually spent working on all those flights combined. I just never could pass up the “free” travel billables, even if it meant working all night on arrival.
A more or less typical trip, described after the jump.
How often do you stop to think about the ubiquitous “Made in China” label? If you’re a China lawyer, you should think about it almost every day.
To convince recalcitrant clients of the need for product liability protection for the products they are having made in China, I sometimes send them the following deposition questions asked of a U.S. manufacturer whose China-made product had badly injured a child:
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
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.
We at Kinney Asia have made a number of FCPA / White Collar US associate placements in Hong Kong / China thus far in 2014. Most of such placements have been commercial litigation associates from major US markets, fluent in Mandarin, switching to FCPA / White Collar litigation. Some have already had FCPA experience, but those are difficult candidates for firms to find (this will change in coming years as US firms are now promoting FCPA / White Collar to their 2L summers who are fluent in Mandarin and have an interest in transferring to China at some point).
Legal Week quoted Kinney’s Head of Asia, Evan Jowers, extensively in the following relevant article here.
There is a new trend in the market, though, where mid-level transactional US associates, fluent in spoken Mandarin and written Chinese, are interviewing for and in some cases landing junior FCPA / White Collar spots in Hong Kong / China at very top tier US firms.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.