Today’s story about a law student bound for prison has me thinking about how regular people become criminals. The story of Marc Gersen is the kind of thing books are made of; it’s big and bold and colorful.
But on the smaller scale, people are pushed into unethical decisions all the time, and it rarely comes with the stark choices of, “Should I, or should I NOT, start a meth ring?” People, especially the kind of risk-averse people who end up in law school, don’t make one big decision to “become a criminal.” It’s a bunch of little decisions that incrementally take you from “normal, law-abiding citizen” to “bad actor.”
Today, we got an email from a person who is thinking about making an unethical choice out of desperation for a job. Why don’t you read her dilemma for yourself and tell her what you think she should do….
There is a woman out there who can literally say, “I got screwed by my attorney, and he charged me for it.”
That’s right, in an amazing cacophony of bad behavior, today we have a story about a lawyer who didn’t just have an inappropriate relationship with his client, he also billed her for the time they spent having illicit relations.
Bet you none of these would-be bros have pulled that off….
Blind item: which fairly powerful, yet overly fey — and we’re talking Dana Carvey “Gay?? That’s ridiculous!!” fey — and married Biglaw partner with top school credentials, regularly double and triple bills clients?
Blind item: which Biglaw firm, when faced with a lawyer deponent from a small shop who was clearly mentally unstable, chose to do nothing, ignoring its reporting obligations?
I mention the above anecdotes because they are all true, and because they all include reportable ethical breaches. When we were inducted into the Second Department in Brooklyn, and in ethics class, our reporting obligations were hammered into us — yet, nothing is ever done. Why?
* Unhappy with eleventy billion dollars in damages due to Apple, Samsung will begin its appeals, perhaps even to the Supreme Court (because you know that SCOTUS wants a bite at the proverbial literal patent apple). [Wall Street Journal]
* And speaking of that jury award, jury foreman Velvin Hogan had this to say about it: “We wanted to make sure it was sufficiently high to be painful, but not unreasonable.” Yeah, because a billion dollars in damages isn’t unreasonable at all. [Reuters]
* Do judges with lawyerly license plates avoid traffic infractions instead of getting tickets? The New York Commission on Judicial Conduct is investigating this issue of epic importance. [New York Law Journal]
* If bill collectors are threatening to sue you over your credit-card debts, you better pray that your case lands on Judge Noach Dear’s docket, because in his courtroom, “it’s dismiss, dismiss, dismiss.” [New York Post]
* Hippies can file lawsuits, too: Burning Man starts today, but the event’s organizers claim that its Nevada venue is pursuing a new theme in view of a “drastic increase in fees” — burning money. [All Things Digital]
* Protestors should be allowed to act however they want when carrying prohibited machetes in Republican National Convention event zones. This was the first, and definitely the coolest, RNC arrest made. [ABC News]
* Looks like someone skipped professional responsibility class during bar prep: the Ninth Circuit denied attorney fees to McGuireWoods in light of an “egregious” ethics violation made in the BAR/BRI antitrust settlement. [National Law Journal]
* Apple rested its patent-infringement case against Samsung yesterday, making way for the rival tech company to begin presenting its case. Jurors must be thrilled that the end is in sight, with just 25 more hours of arguments to go. [Bloomberg]
* “The facts don’t seem to support a ‘stand your ground’ defense.” That’s what George Zimmerman’s attorney said yesterday, but the defense team is going to try to get the case dismissed on those grounds anyway. [AP]
* When applying to law school, it’s usually helpful to demonstrate in your application that you actually want to go to law school. Gah, people seriously need to be told these things. [Law Admissions Lowdown / U.S. News]
* “[T]he plaintiff’s tampon was never forcibly removed by any deputy.” First of all, yuck. Second of all, you know that a crazy lawsuit must have been filed when the cops are making public statements like this. [NBC News]
* Dewey need to declare bankruptcy yet? While the delusional firm has “no plans to file bankruptcy,” partner defectors and retirees are being advised to contact personal bankruptcy lawyers ASAP. [New York Times]
* When Dewey become a part of the great unwashed? When you’re being sued for $300K in unpaid janitors’ bills. But that claim’s going to be nickel and dimed, just like the firm’s partner guarantees. [Businessweek]
* Maybe Greenberg Traurig ditched its merger talks with D&L because they had problems of their own. The firm apparently laid off staff to achieve a 4-to-1 attorney-secretary ratio. [Daily Business Review (sub. req.)]
* The judge presiding over the John Edwards campaign finance trial denied a motion to dismiss the charges against the former presidential candidate. Like all the rest of us, Judge Eagles probably just wants to see if he and his baby mama, Rielle Hunter, will take the stand. [MSNBC]
* In the wake of the Elizabeth Warren controversy, many have wondered what goes into law school hiring decisions. Generally, they look for good teachers, but being 1/32 Native American certainly helps. [ABC News]
* Try to bring up ethics charges on the Wisconsin justice who allegedly choked a bitch in chambers, and you might find your career as Chairman of the state’s Judicial Commission in a stranglehold. [Telegraph Herald]
When we last checked in with the justices of the Wisconsin Supreme Court, one justice stood accused of allegedly choking a bitch in chambers (no, not the “total bitch” that he had previously threatened to “destroy” — another one). Although the kerfuffle did not result in any criminal charges, it seems that Justice David Prosser isn’t as charismatic as Wayne Brady, because now he’s facing possible ethics sanctions over the two incidents.
What did the outspoken justice have to say about the request for sanctions?
* Yo Taylor, I’m really happy for you, I’mma let you finish, but Beyoncé had one of the best topless trademark lawsuits of all time. One of the best topless trademark lawsuits of all time! [Daily Mail]
* Urine trouble, lady. Here’s some proof that next time things aren’t going your way in court, you should try peeing all over yourself. [New York Post]
I don't care how it works, just give me my degree.
My wife and I have made this proposal to our Harvard creditors: they forgive our debt, we give the school a baby. A “pure-bred” Harvard baby that Harvard can dress up or perform experiments on or whatever. It will have to be a black baby, which might underwhelm some Harvard officials, but that’s got to be canceled out by the fact that the media won’t much care about what Harvard wants to do to/with a black baby. The “where’s the justice of Caylee????!!!!!” crowd won’t be on their ass.
I think it’s an elegant solution. My wife thinks I’m getting off easy (because my “contribution” to this form of debt repayment would once again be de minimis). And our creditors say: “We only accept straight cash, homey.”
But I’m just ahead of my time. In the U.K., people are already suggesting that indebted students should be given the opportunity to barter down their loans with sacrifices of the flesh….
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 protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.