There’s one guy in your outfit who understands the need not to write stupid e-mails: That’s the guy who just spent all day in deposition being tortured with the stupid e-mails that he wrote three years ago.
That guy will control himself. He’ll write fewer and more carefully phrased e-mails for the next couple of weeks. Then he’ll go back to writing stupid stuff again, just like everyone else.
You can’t win this game; no matter what you say, people will revert to informality and write troublesome e-mails. But you’re not allowed to give up. What’s an in-house lawyer to do?
A partner at Morrison & Foerster accidentally “replied all” to an email on which “List/Attorney/All” was cc’d. Emails sent to “List/Attorney/All” go out to all 1,000-plus MoFo lawyers around the world.
What the partner wrote in the email was probably not something that should have been shared with the rest of the firm….
This question comes up in many different contexts, and answering it always requires a little judgment.
At law firms, the questions often involve what the partner or the client needs to know. These people are supposed to be kept in the loop, but that task may be trickier than it seems. You want people to be fully informed, but you don’t want to become a pest, constantly alerting people to irrelevant trifles. What’s a person to do?
The answer varies by many things, including the nature of the matter you’re working on, the compulsiveness of the person you’re working with, the degree of trust established between you and the person you’re working with, time pressure, and the like. To the extent it’s possible, though, let’s establish some general rules….
If you’re not interested in this story, nobody is forcing you to read our coverage (which we tend to put up after regular business hours anyway). But if you are as interested in this fascinating case as we are — and our traffic stats suggest that you are very, very interested — then read on for the latest developments….
Thanks to the kindness of several tipsters, we now have copies of some of the emails sent around Mercer Law by Stephen M. McDaniel. We will now share them with you, so you can judge for yourself whether there is anything in this correspondence that is troubling or problematic….
Many law school graduates are wondering how they can make themselves more marketable in light of their dismal job prospects. Hell, even graduates from elite law schools are having trouble finding jobs these days.
What can these would-be lawyers do to help themselves land a respectable job?
Some of these people are actually so desperate they believe that getting even more legal education will solve their employment woes. Maybe, just maybe, they think, an LLM from a better school will help them wipe the sub-T14 sludge off their résumés. Of course, money is no object, because really, after throwing $150,000 at a wall and hoping that it sticks, another couple thousand dollars is just a drop in the bucket.
But don’t sign up for that LLM just yet, because the masterminds at the University of Texas School of Law may have a solution for you. Education is the key, but it’s not the kind of education that you’d expect….
Have you ever dreamed of changing the Biglaw model, of making the law firm a pleasant place to work? If so, we might have just the opportunity for you.
Some Hogan Lovells attorneys were recently offered the opportunity of a lifetime, courtesy of “The Office of Mr. Monfort in Partnership with Hogan Lovells International.” Mr. Monfort invites all Hogan Lovells employees to join the Lawyers Transformation Program, which will “allow a lawyer to identify the excesses and wrongdoing of the current law firm model in order to accomplish the transition into a long-term and sustainable law firm approach.”
In case this wasn’t sufficient to get Hogan Lovells attorneys on board, the invitation goes on to list in detail the crazy lofty ideals of the Lawyers Transformation Program, promising nothing short of revolution and greatness.
The only problem? Hogan Lovells, not surprisingly, has no idea who Mr. Monfort is. Find out how you can join the Biglaw utopia movement and read the Hogan Lovells response, after the jump.
Do you remember our Lawyer of the Month for March, Tyler Coulson? In case you don’t, he’s the former Sidley Austin Chicago associate who decided that he’d rather take his dog on a cross-country walk than do another day of lawyering. Before leaving, Coulson sent what was described by a fellow Sidley source as the “coolest ‘f**k you I quit’ email” ever:
On March 9, 2011, Coulson began his journey in Delaware with his pooch Mabel, in the hopes of making it to California by September. So, inquiring minds at Above the Law want to know: What the heck happened to Coulson and man’s best friend?
Did he have to pull any crazy Bear Grylls maneuvers, like creating his own “sheeping” bag for warmth? Did he have to hack off his own arm with a dull blade, like in 127 Hours? To find out if Coulson’s story turned out anything like Into the Wild, read on….
This is the worst piece of whoring journalism I have read in a long time. How long are you going to suck [U.S. Attorney Preet Bharara]’s teat? All to hurt a decent, honest witness, [whom assistant U.S. attorney Reed] Brodsky could not lay a glove on. It did not work. The jury was not impressed by the worst cross examination ever delivered. So in the style of Preet, try to smear him by working the sycophants in the back of the Courtroom. He learned from Schumer in the Senate… Preet is scared sh[**]less he is going to lose this case so he feeds his whores at the WSJ. What a disgrace for an otherwise great paper.
Pile-o’-crap syndrome: We’ve all been victimized by it.
In private practice, it arrives in the form of four boxes of documents (containing about 2000 pages each) delivered to your door with a single handwritten note of explanation: “Here are the documents you’ll need to prepare Smith for his deposition on Wednesday.”
What does that note really say? “Here’s a pile of crap. I can’t be bothered. You deal with it.”
For an in-house lawyer, the pile o’ crap arrives in the form of a one-sentence e-mail responding to your request for a brief description of a particular lawsuit that’s headed to trial: “As you requested, I’ve attached my 100-page, single-spaced summary of the discovery record in this case.”
What does that e-mail really say? “Here’s a pile of crap. I can’t be bothered. You deal with it.”
In business environments everywhere, pile-o’-crap syndrome arrives in the form of e-mails that say only either (1) “see attached letter” or (2) “see attached chain of e-mails.”
What do those communications really say? “Here’s a pile of crap. I can’t be bothered. You figure it out.”
Watch to find out what some of our subscribers received in their May box!
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at firstname.lastname@example.org in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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