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….
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.
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