We all get frustrated from time to time; that is a seemingly normal part of every job. And I suppose it only makes sense that those of us that actually got ourselves through law school, and have the debt to show for it, but somehow find ourselves mired in the morass that is document review would be especially vulnerable to these feelings. Modern technology being what it is, there are now seemingly an infinite number of ways to deal with the sense of impotency: maybe you post racist and sexist invectives under an anonymous (read: easy to figure out) screenname, maybe you try to garner support for a union, or maybe you take to task those that you feel have wronged you, by posting a Craigslist ad.
This is a story about the latter. What does it look like when a contract attorney decides to flame on?
If you’ve spent any amount of time doing document review I know you’ll find this scenario familiar.
An associate gathers the reviewers around for “feedback,” a simple word that drips with derision. You’d think the associate might actually be a 13-year-old girl told they can’t go to the mall there are so many eye rolls and sighs peppered through this allegedly constructive conversation. The crime you and your fellow doc reviewers stand accused of? Not properly applying one of the 15 issue tags to responsive documents. The horror. Never mind you are being asked to code 100+ documents an hour on a computer system that whines and chugs along at the effort of moving between docs. There is apparently a standard of perfection on this project and you and your fellow inmates have failed to make the grade.
This goes beyond the simple horrible boss phenomenon. But what is it about document review that seems to draw this ire?
Yes, benchslaps are great fun to read about, especially if you enjoy a little schadenfreude. But benchslaps are not fun to receive — and they’re not always justified.
Because of the prestige of judicial office, judges generally get the benefit of the doubt when dishing out benchslaps. But sometimes judges go too far. For example, some observers felt that Judge Richard Posner crossed the line when interrogating a Jones Day partner during a recent Seventh Circuit argument.
This brings us to today’s benchslap — directed at a lawyer for the federal government, no less. It’s harsh, but is it warranted?
Well, it’s mid-February. You know what that means. It’s not just the sure-to-be-awkward ATL Valentine’s Day mixer. Stores are crammed with mid-level chocolate, Made-in-China teddy bears, and overpriced flowers. That can only mean one thing. Love, like the wintery mix the east coast is expecting, is in the air. This phenomena is so universal that even folks locked in a document review space for 60 hours a week are not immune.
In fact, it is even more prevalent in the isolated spaces of document review….
I’ve recently realized I do a lot of complaining. Maybe it’s hard not to. This column has given me a terrific forum to… well, complain about a lot of the things I think are wrong in the world of document review. Maybe it’s a screed about horrible bosses or how the reviewer next to me seems allergic to using tissues. I regret nothing.
Venting and getting it all out there has been cathartic and the response from you the readers has been vindicating. But, I am trying to be a little more zen about the legal profession and my small role in it.
It’s an imperfect science, and I am still working on it, but here are some tips for loving doc review….
Email. In the last 20 years it has gone from office novelty to a ubiquitous mainstay of our daily lives. I am not complaining about this; the explosion of email is part of what has fed the growth of document review. Everytime you hit send, a new document is created and a contract attorney gets their wings.
And, oh, the fun of email! Of course there are jokes and forwards, all of which are designed to be entertaining, but there are so many other enjoyable aspects of the medium. Such as the firm-wide screed of a recently terminated document review attorney.
So what Biglaw firm was treated to an angry missive from a fired doc reviewer?
That law firms are all about talent is a commonplace. Too bad that so many lawyers seem to have an uncanny knack for knocking the wind out of the sails of the most spirited contributors.
I dare you to tell me that you don’t recognize at least a few colleagues who exhibit some of the behavior described in The Three Habits of Highly Effective Demotivators, just picked as one of the top posts of 2013 on Booz & Company’s “Strategy & Business” publication. If these colleagues are at your firm now, you know what to do; if they used to be at your firm and you took the necessary measures, congratulations. (Just be on alert that you may have to do it again.)
The author uses the example of a real, but disguised, high-tech startup in the academic sector, whose CEO—otherwise brilliant—was referred to internally, sotto voce, as “the DM,” standing for “the DeMotivator”:
* Exciting news: Justice Sonia Sotomayor will be leading the countdown on the New Year’s Eve ball drop in Times Square. She’ll be the first SCOTUS justice to perform the task. You go girl! [New York Times]
* Blank Rome and Nixon Peabody are reportedly in merger talks, but one firm’s managing partner says he “talk[s] to firms all the time,” it’s no big deal. No word on what guys from his high school do. [Reuters]
* Sorry, Quinn Emanuel, but this limited discovery thing is going to happen. Judge Ronnie Abrams recently slapped down the firm’s attempt to appeal her MTD denial in this contract attorney’s suit. [Am Law Daily]
* A state court judge from Texas stands accused of strangling his girlfriend over the balcony of his apartment and threatening to “f**king kill [her].” Romance in Texas has certainly got some of that je ne sais quoi. [Dallas Morning News]
* A legal soap opera? An ex-prosecutor whose relationship with a judge landed her lover in hot water was found dead in her home hours after a judicial misconduct ruling came down. R.I.P. [Reno Gazette-Journal]
* Take a look back at the legal profession’s year that was: from the highest of highs in gay marriages to the lowest of lows in law school enrollment, 2013 was a year for the record books. [National Law Journal]
* “This should be a red flag for everyone in legal education and the law firm world.” According to NALP, the percentage of women associates has dropped for the fourth consecutive year. That’s just lovely. [National Law Journal]
* Next summer, the co-CEOs of Hogan Lovells from legacy firms Hogan & Hartson and Lovells will make way for a single CEO structure. If approved by vote, Stephen Immelt will be in charge. Congratulations! [Am Law Daily]
* And the peasants rejoiced, for one of the FLSA overtime suits filed by a document review attorney has survived a motion to dismiss. Quinn Emanuel must have been genuinely shocked by this judge’s ruling. [Am Law Daily]
* “One thing we understand is law and economics.” Yet another law school finally, finally gets it. George Mason University School of Law has agreed to freeze its tuition — for the time being. We may have more on this development later today. [InTheCapital]
* George Huguely V, the UVA LAX bro convicted of killing his ex-girlfriend, has got one hell of a lawyer. Paul Clement is arguing his client’s right to counsel was violated at trial. [Richmond Times-Dispatch]
Today we have a story of a contract attorney who made good — well, a contract attorney who got a permanent position. That position was called “staff attorney” and he still had to review documents, but now with health insurance.
But what happens when that staff attorney feels like he is on the losing end of favoritism, finds himself passed over for promotions, and eventually gets fired? You get employment litigation.
Which firm finds itself defending against a document-reviewer-cum-staff attorney’s claims of age discrimination?
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.
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!
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.
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.