* This is the job that I want. Just running around New York City, and telling people they suck. [Dealbreaker]
* New Orleans Saints linebacker Jonathan Vilma has filed a lawsuit against NFL Commissioner Roger Goodall. I’ve got $100 for anyone who takes Vilma’s lawsuit out with a summary judgment. [New Orleans Times-Picayune]
* The story of Dewey & LeBoeuf, as told through numbers. Legacy Dewey Ballantine folks aren’t going to love this. [Adam Smith Esq.]
* Isn’t this the best way to explain what it’s like to be white? [Kotaku]
* What will the legal profession look like when your kids are going to law school? [Hellerman Baretz]
* Speaking of having children, I wonder if I will become more “prude” when I’m a parent, or at least more critical of graphic displays of sexuality. [Popehat]
* You shouldn’t let your client bring notes to a deposition. Otherwise you will have a huge a-hole. [What About Clients?]
When it comes to the madness that ensues during the deposition process, we really thought that we had seen it all. We’ve seen witnesses curse at the questioners. We’ve seen a deponent tell an attorney to “suck [his] dick.” We’ve even seen a former Biglaw partner call his opposing counsel an “ignorant slut.” But we’ve never seen something like this.
Apparently when attorneys in Florida get bored during depositions, they turn to their artistic side to get their creative juices flowing. Because there’s nothing like a great dick pic to bring your attention back to the case at hand….
We’ve seen some heated depositiontranscripts in the past, but we didn’t know that simply scheduling a deposition could get so nasty. Clearly, we’ve never practiced in Texas, a place where Biglaw lawyers occasionally have to contend with “pansy” opposing counsel.
And, you know, have sanctions sought against them for their allegedly inappropriate email correspondence.
We’ve got a fun one today, folks. A partner at Cozen O’Connor in Dallas sent a string of allegedly abusive emails to opposing counsel when the lawyers couldn’t agree on a schedule for depositions. And we know all this because the emails are part of the record in the motion to sanction the Cozen partner.
UPDATE (5/17/2012, 11 AM): We’ve added a link to the full motion for sanctions, after the jump.
Actually, make that former partner. Keep reading, to find out what may have led to the partner’s departure from the firm….
I hate to invoke a cliché, but “David versus Goliath” captures the challenge a smaller firm faces when litigating against an Am Law 200 firm. A small firm can feel like David when facing a larger firm that can bring more resources to bear on legal research, drafting motions, reviewing documents, etc.
The challenge increases when applied to clients. Many of my firm’s initial clients were startups or emerging companies with limited litigation budgets. Their adversaries often were much larger, established companies with seemingly unlimited budgets. Thus, we faced not only the challenge of litigating against brand-name firms with hundreds of attorneys, but we also initially had clients who simply could not afford to spend as much in legal fees as their well-heeled opponents.
So how can a small firm, especially representing a smaller company, effectively litigate against a proverbial army of lawyers representing a client to whom money is no object?
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:
* In trying to resolve the Texas redistricting problem, the Supreme Court has come to a realization: everything really is bigger in that state, including its congressional delegation. [Los Angeles Times]
* Talk about a crappy ROI. Alison Fournier, a former i-banker, is Gloria Allred’s latest litigant. She claims that a drunken pervert groped her abroad thanks to Starwood’s lax hotel security. [Reuters]
* Jamin Soderstrom, a (rather cute) former S&C associate and current Fifth Circuit clerk, has written a book (affiliate link) analyzing the qualifications of presidential candidates and the relationship between résumés and presidential success. [Tex Parte Blog]
Well, we’ve got somebody who should be a late entrant into our Lawyer of the Year contest. He is Houston attorney Paul Waldner. He’s a partner at Vikery, Waldner & Mallia, which is an arm of Justice Seekers in Texas. He is a man who brings the funny with him to the deposition room.
Paul Waldner is a man who asks questions like: “So, your jurisprudential hymen is being ruptured?”
Oh, you think I’m joking? No sir, I have video!
And really, the witness’s answer might have been better than the question….
A story I often tell is about the first time I took a deposition. I got there early, and I thought that the most important thing was to control the witness. I didn’t realize the first time around that the way you control somebody is not by intimidating them. But I adjusted the chair that I was sitting on so that I’d be really tall, and could look down imposingly on the witness. But I raised it so high that as soon as I sat down, I toppled over and fell backward.
Hey, have you read Above the Law for like one single minute in the past month? If so, you probably know that we’re having this big blogger conference on March 14th at the Yale Club. Yeah, the Yale Club. You’ll be able to recognize me: I’ll be the only big… blogger guy surreptitiously holding a can of crimson spray-paint.
Speaking of coming, you should come. We’ve got CLE and all that. Click here to buy tickets to get CLE credit for listening to bloggers scream about stuff on the internet.
To refresh your memory, details on the panel that I’m moderating — almost entirely sober, mind you — follow.
My panel is called Blogs as Agents of Change, and we’re going to talk about whether all of these spilled pixels are actually making a difference. You know my view… just ask Lawrence Mitchell, but here are the panelists:
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.
The traditional job application and interview process can be impersonal, and applicants often struggle to present themselves as more than just the sum of their GPAs, alma maters, and previous work history. ATL has partnered with ViewYou to help job seekers overcome this challenge. ViewYou NOW Profiles offer a unique way for job seekers to make a personal, memorable connection with prospective employers: introduction videos. These videos allow job candidates to display their personalities, interpersonal skills, and professional interests, creating an eDossier to brand themselves to potential employers all over the world. Check it out today!