I found today’s piece on contract attorneys interesting, given that I just attended an e-discovery CLE program run by a local firm (Ward Greenberg) last week. The program centered around the practicalities and ethics of e-discovery and the case law surrounding those topics.
I admit to being taken aback at how times have changed since I was utilizing an OCR viewer to review documents while searching for keywords to code. Those were the days. As mentioned in the contract attorney column, doc review was a sure way to meet and exceed billable-hour targets simply by doing essentially monkey work. And the firms were all too happy to bill me at out at hundreds of dollars per hour for looking over repetitive and duplicative documents.
Now that I am in-house, I would have a conniption fit if a firm tried to pull such a stunt — and I don’t think many firms would….
* As it turns out, the National Security Agency oversteps its legal authority thousands of times each year, but that’s only because it’s a “human-run agency.” [Washington Post]
* Federal judges have come together to bemoan sequestration. “We do not have projects or programs to cut; we only have people.” Eep! Don’t give them any ideas. [National Law Journal]
* Ready, set, lawgasm! The comment period for proposed amendments to the Federal Rules of Civil Procedure opened up yesterday, and yet again, e-discovery rules are on the table for debate. [Forbes]
* NYU professors want Martin Lipton to step down from the school’s board of trustees, but the Wachtell Lipton founding partner has had a honey badger-esque response — he don’t give a s**t. [Am Law Daily]
* A West Virginia judge was federally indicted for attempting to frame his secretary’s husband with drug charges. Did we mention that the secretary is the judge’s ex-lover? Quite dramatic. [Charleston Gazette]
* Consortium: Not just for straight couples. A same-sex couple in Pennsylvania is trying to appeal the dismissal of a loss of consortium claim in light of the Supreme Court’s Windsor ruling. [Legal Intelligencer]
* Christian Gerhartsreiter, aka poseur heir Clark Rockefeller, was just sentenced to 27 years to life in prison in a California cold-case murder. Maybe Lifetime will make a sequel to that god-awful movie. [Toronto Star]
* Jacques Vergès, defender of notorious villains and perpetual devil’s advocate, RIP. [New York Times]
‘If only I had an eDiscovery solution for compliance and discovery requests to efficiently manage, identify, analyze, and produce potentially responsive information from a single, unified platform. Of course, it would be hosted in a private, cloud-based environment.’
While technology has reduced costs for many areas of legal practice (e.g., research), the centrality of electronically stored information to complex civil litigation has sent discovery costs skyrocketing. Hence the rapid proliferation of e-discovery vendors like so many remoras on the Biglaw shark. Nobody seems to know how large the e-discovery market is — estimates range from 1.2 to 2.8 billion dollars — but everyone agree it’s not going anywhere. We’re never going back to sorting through those boxes of documents in that proverbial warehouse. New amendments to the FRCP specifically dealing with e-discovery became effective way back in December 2006, but if the e-discovery vendors (evangelists?) at this week’s LegalTech tradeshow are to be believed, we are only in the technology’s infancy in terms of its development and impact on the legal profession.
At LegalTech, we attended a “supersession” presented by e-discovery provider Planet Data, promising to present “judicial, industry, legal, and media perspectives on where legal technology is taking litigation and how it affects you.” Don’t be jealous….
Some of you must have seen that show Cash Cab on the Discovery Channel. If for some reason you haven’t, here’s what goes down in each and every episode of the show: a good-looking taxi driver carts unknowing passengers around town and offers them the chance to win money by correctly answering trivia questions on the way to their destinations.
If it seems too good to be true, well, it was — alas, lawyers just got invited to ruin the party for everyone else.
So I went to the annual conference of the Association of American Law Schools in New Orleans this past weekend. The place was lousy with law school deans and I had a ton of interesting, off-the-record conversations that I can’t report on. I also spent a weekend in New Orleans that involved all sorts of other things I can’t report on. It was fun and informative, you just have to trust me.
One thing I can report on was an AALS panel I attended, “The 75th Anniversary of the Federal Rules of Civil Procedure: Looking Back, Looking Ahead.” Now… I know that doesn’t scream “drop your panties,” but the panel was moderated by Arthur Miller. Yeah, thatArthur Miller, the famous law professor who wrote Death of A Civil Procedure Rules Salesman or something. And the all-star panel he was moderating included Justice Antonin Scalia… a person Miller doesn’t really agree with when it comes to rules. I had to go. Literally, I had to.
Unfortunately, the conversation was completely over my head. I’m not embarrassed to say that. Other people in my position may pretend that they got the most out of this discussion between Miller, Scalia, Biglaw partners, district judges, and others who have advised the Rules Committee. To me it sounded like, “TWOMBLY wha wha whaa, but in IQBAL wha wha wha wha! Wha? Given TWOMBLY’s wha and IQBAL’s wha, how could you wha wha whaaa?? [Laughter]”
As we mentioned yesterday in Morning Docket, Judge Marcia Gail Cooke (S.D. Fla.) recently issued an omnibus order on multiple motions for sanctions in the high-profile case of Coquina Investments v. TD Bank. The plaintiff, Coquina Investments, moved for sanctions related to various alleged discovery violations.
At a contempt hearing held back in May, Judge Cooke heard testimony from employees of TD Bank and current and former lawyers from Greenberg Traurig, which previously represented the bank. She took the matter under advisement — but not before saying things like, “It is hard for me to describe in words the difficulty throughout this trial related to documents and discovery.”
We get a lot of tips from attorneys lamenting bad job postings. Frankly, most of them don’t interest us that much. Yes, we’ve covered the SAUSA positions that don’t pay anything. We’ve covered all kinds of crazy Craigslist jobs, to the point where many of them don’t surprise us anymore.
But, I have to say, when a tipster writes in to tell us about an electronic discovery advertisement that is so hilariously bad she can’t tell if the organization wants “a lawyer or a camp counselor,” our interest is piqued…
Back in April, we wrote about Mark and Rhonda Lesher, a couple in rural Texas who won a massive defamation verdict against formerly anonymous online commenters. The online comments followed a trial during which they were acquitted of sexual assault. The multimillion dollar verdict appeared to set things right.
But it turns out there is much, much more to their story. Theirs is an unsettling tale of small-town justice, politics, and Mark Lesher, a lawyer-slash-“professional agitator,” who tried to do the right thing in a town that apparently wanted none of it.
Let’s start with news that the defamation verdict was overturned last month, and go backwards from there….
Last week I wrote a story asking the question, “How important is it for law schools to teach students about electronic discovery?” The post stemmed from a perturbed tipster, who lamented the fact that her alma mater had decided to offer a class exclusively dealing with the subject.
The poll results were interesting. Most of you said the subject is definitely worth learning in school, despite its alleged unsexiness.
Additionally, I received an letter a few days after the story ran, signed by 14 attorneys, including small firm and Biglaw partners, tech company leaders, and one state judge, who wanted to give their collective opinion on the issue.
Technophiles will appreciate the note, although some young lawyers might find it an ominous sign of document review work to come. Let’s take a look at what these decision-making readers had to say…
The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
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: email@example.com.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
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