Do federal employees know how to use all the items in this picture?
The federal government hasn’t exactly been covering itself in glory. This weekend, the IRS was caught line dancing. I had to go on The Mike Huckabee Show where I was allegedly “destroyed” by a conservative screaming about Holder and his association with… Covington & Burling. The right wing is whipped up into a frenzy, and I’m sure if they want to keep focusing on this stuff instead of passing, say, comprehensive immigration reform, Hillary Clinton or Joe Biden will thank them for it in 2016.
But the bottom line is that when you habitually starve the government of the resources needed to hire quality people, you end up with less than stellar government services. The IRS probably doesn’t end up looking this incompetent if it isn’t staffed by glorified toll booth employees.
That’s some big picture stuff. Elsewhere in the regulatory firmament, on the small scale, we’ve got federal regulators who are being investigated for their inability to blow their nose properly…
Republicans can’t make moderate white people afraid of Barack Obama just because he’s black. They’ve tried. And it works on the fringe birther/nutjob element that is already suspicious of people who use polysyllabic words, much less multiculturalism. But with moderate “I can’t watch Fox because the game is on” white folks, all the dog-whistle calls in the world don’t cause racial animosity towards the likeable Barack Obama.
But his black friends are a different story. Or maybe Obama just thinks that voters will be more racist towards blacks without his personal likability? But for whatever reason, Obama has shown no stomach for standing up and defending the black people in his life when the Republican scandal brigade comes for their blood sacrifice.
Remember Jeremiah Wright? If he had been a white preacher to a Republican candidate, he would have gone unnoticed. Instead, he sounded a bit like an angry black man. Obama put that brother on ice. Remember Susan Rice? She did… nothing? She’s not Secretary of State because Obama didn’t want a fight. Hell, Obama didn’t even go to the mattresses for Desiree Rogers, his social secretary who got punked and was replaced by a white woman.
Let’s just say that if I were the first black attorney general, I wouldn’t expect a whole lot of help from the first black president right now…
Last month, the powers-that-be behind OSCAR (the Online System for Clerkship Application and Review) made some changes to the remnants of the Law Clerk Hiring Plan (to the extent that folks still follow the Plan). The upshot: OSCAR will release the electronic clerkship applications of rising 3Ls on June 28, 2013, at 12:00 p.m. (ET). At that point, judges are free to schedule and conduct interviews and make clerkship offers.
In writing about this news, I questioned the wisdom of this approach: “The Plan provides for ‘a single date to receive applications, schedule and conduct interviews, and make clerkship offers.’ This could be a recipe for an utterly shambolic process, a mad scramble for talent on June 28, full of hastily conducted interviews, exploding offers, and questionable behavior by both judges and applicants.”
Well, it seems that some judges agree with this analysis and are taking a different tack….
Ed. note: This is the latest installment of Righteous Indignation, our new column for conservative-minded lawyers.
On Monday, the Supreme Court decided City of Arlington v. FCC. The question before SCOTUS was whether courts must defer to a federal regulatory agency’s interpretation of a statutory ambiguity even when that ambiguity involves the scope of the agency’s authority — its own jurisdiction.
Justice Scalia wrote for the majority, holding that even in cases such as this one, agencies are entitled to the usual deference established in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. — aka Chevron deference. Chief Justice Roberts dissented, joined by Justices Kennedy and Alito.
The outcome of City of Arlington should be noteworthy to Court watchers — and conservatives in particular — for several reasons. First, the Scalia-Roberts split quiets the simplistic refrain that SCOTUS decides cases down rigid liberal-conservative lines. Second, it highlights an ongoing debate among conservative members of the Court about fundamental issues concerning the separation of powers and constitutional governance. Third, the Scalia and Roberts opinions demonstrate that, far from reserving their barbs for the left, conservatives can be pretty darn snarky amongst themselves.
“In four minutes, it would be another hour; a half hour after that was the ten-minute break. Lane Dean imagined himself running around on the break, waving his arms and shouting gibberish and holding ten cigarettes at once in his mouth, like a panpipe. Year after year, a face the same color as your desk. Lord Jesus. Coffee wasn’t allowed because of spills on the files, but on the break he’d have a big cup of coffee in each hand while he pictured himself running around the outside grounds, shouting. He knew what he’d really do on the break was sit facing the wall clock in the lounge and, despite prayers and effort, count the seconds tick off until he had to come back and do this again. And again and again and again.”
Yesterday, the New York Times ran a longish piece on just what in the hell was happening at the IRS office in Cincinnati. A Kafkaesque tale of bureaucratic intrigue, the treatment does little to tell us why in the hell we care just what in the hell was happening at the IRS office in Cincinnati. I’ll leave that determination to the qualified pundits and their punditry.
But what the Times article does do is shine a light on what it means to be a lawyer. What it means to others and what it means to us. Completely by accident, the mess at the IRS tells us how important lawyers are. And how impotent we are. This makes little sense even as I type it. But bear with me. Please. It is not often that meaning comes so nicely gift-wrapped.
First, an offer: I thought I had retired my “book talk” about The Curmudgeon’s Guide to Practicing Law when I moved to London last fall. But I’ll be in the States for a few weeks in late May and June, and I’ve been asked to dust off the talk and give it a few times — at the annual meeting of the Association of Defense Trial Counsel in Detroit, and again in Chicago for Kirkland & Ellis and Greenberg Traurig. So long as I’ll have to flip through my notes and re-learn the talk, I might as well give it for your group, too. Please let me know by email if your law firm is interested.
Second, today’s thesis — and it’s a backwards one: Law firms think more highly of you for the years when you’re not working at the firm.
I’ll start with the easy example: I moved as a sixth-year associate from a small firm in San Francisco to a huge firm in Cleveland. When I arrived at the huge firm in Cleveland, partners treated me surprisingly well. Why?
* “[T]hese senators decided to do nothing. Shame on them” Yesterday, the Senate blocked gun-control legislation that could have saved lives, and Gabrielle Giffords, a victim of gun violence, wrote a powerful op-ed in reaction. [New York Times]
* DLA Piper won’t be churning that bill anymore because the firm managed to settle its fee dispute with Adam Victor, but it’s certain that the firm’s embarrassment over the overbilling incident will know no limits. [DealBook / New York Times]
* Ahh, best-laid plans: Kim Koopersmith, the first woman to serve as Akin Gump’s chair, never thought that she’d be working in a law firm. In law school, she wanted to work in public interest. [Bloomberg]
* You’ll never guess which firm has the best brand in Canada according to the latest Acritas survey, but that’s probably because you don’t care. Come on, it’s Canada. Fine, it’s Norton Rose. [Am Law Daily]
* Oopsie! Burford Capital claims that it would never have funded plaintiffs’ representation by Patton Boggs in the Chevron case if it weren’t for a partner’s “false and misleading” statements. [CNN Money]
* The wife of a former justice of the peace has been charged with capital murder after she confessed to her involvement in the slayings of Texas prosecutors Mike McLelland and Mark Hasse. [Reuters]
A few years ago, when the New York Times asked him how early he starts recruiting law clerks, Chief Judge Alex Kozinski quipped, “At birth.” Chief Judge Kozinski was joking — kind of.
Back in January, the Most Holy D.C. Circuit — blessed be its prestigious name — officially abandoned the Law Clerk Hiring Plan. Since then, we’ve received reports of 2Ls around the country being hired for clerkships during this current semester, before they even have spring grades.
Historically speaking, this isn’t the first time hiring has started this early. When I went through the process years ago, I had my clerkship lined up before April. But it’s certainly a break with more recent practice, in which judges generally have waited to hire law clerks until the fall of 3L year.
Perhaps in response to these developments, the judges behind OSCAR (the Online System for Clerkship Application and Review) have made some tweaks to what remains of the Law Clerk Hiring Plan. Check out how early the “official” timetable now begins….
Here at Above the Law, we try to pay attention to every sector of legal employment. We often find ourselves skewed rather heavily toward Biglaw, but as we all know, not everyone wants to work in Biglaw — including some of the people who are ensconced in high-paying Biglaw jobs themselves.
Imagine a place where you won’t be shackled to the billable hour. Imagine a place where you’ll get all government holidays off without having to worry about showing up just for the sake of appearances. Imagine a place where your clients are people, not corporate entities. If that seems nice to you, it’s because it is.
Today, we’re going to open the floodgates for the members of our audience, prospective law students in particular, who aspire to some day work in government and public interest jobs. Which law schools should you be considering if you’d like to have the best odds of reaching your goal?
Looking back, the part of last week’s arguments at the U.S. Supreme Court that stands out most for me is the last hour (DOMA merits) — a fitting finale to two days of historic argument on same-sex marriage.
The way things unfolded, the last hour is why we all came. It is why people slept on the sidewalk for days. It is why Americans tuned in and logged on for updates. It is why the attorneys signed up to argue.
We were there to discuss the future of marriage in this country, how different people see it, and where state and federal governments fit in.
The Prop 8 argument went to those core issues the day before, but in fits and starts. A muddy hybrid of standing and merits.
The last hour of DOMA went there and stayed there. Merits were the only thing on the menu, and we ate it up….
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When Chintan Panchal decided to leave a global BigLaw partnership to start his own firm, he could only hope that he would face the high-quality problem of firm building that many had cautioned him about. Focused on the uncertainty surrounding of a new firm launch, he decided to tackle staffing needs, IT challenges, and financial planning requirements after he had built up his legal practice.
Panchal Associates LLP–a corporate/finance and outside general counsel boutique–was quickly off to a great start. Clients and matters were flying in the door, and Chintan soon had a team of lawyers and staff with a variety of operational needs. To continue building an excellent team and provide them with a competitive benefits package, to expand his physical presence to include a European practice and additional partners, and to scale his operations and IT capabilities to support this growing enterprise brought with it demands of time, money, and expertise. Chintan knew he needed help.
“With the assistance of NexFirm, we have upgraded the capabilities of our firm to meet, and in some cases exceed, the standards we were used to at our former BigLaw firms. Operationally, we can now attract and service clients we didn’t have the bandwidth to support in the past, and continue to build our team with the best and brightest legal talent in the industry,” said Chintan Panchal, adding “It has worked out quite well in our case; NexFirm is an essential partner for us.”
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…
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