Florida

A lawyer who brings a lawsuit predicated on his own stupidity is a rare, beautiful, courageous creature. It’s one thing to represent with a straight face someone who tried to make out with an industrial fan, and another to admit that you personally couldn’t master simple technology.

It’s also a bold move for a partner in a law firm to admit that he’s bringing a lawsuit over losing ONE FRIGGING DOLLAR on his mistake.

That’s why this guy deserves some credit for being so comfortable publicly admitting what no one else would…

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That was tiring, huh?

A dizzying array of legal news delivered almost non-stop for an entire week. Emotional highs when DOMA is struck down, lows when a pillar of the legal landscape for nearly 50 years is swept aside, leaving millions of Americans even more concerned about their constitutional rights than they were before. There was an epic filibuster and failed jokes. This was a hell of a week to be covering the law.

As the frenzied week draws to a close, I decided to look back and compile my personal review of the major events of the week, gathered in one omnibus post.

So let’s take a look at the week that was ranging from Aaron Hernandez to the Supreme Court…

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Ed. note: This post was written before this morning’s arrest warrant was issued for Aaron Hernandez on charges of obstruction of justice. If he ends up in an SUV being tailed by helicopters, again, we’ll have more Patriots jokes.

“The first time as tragedy, the second time as farce.”

– Karl Marx

What was I doing on June 17, 1994? I don’t really know. I was fifteen years old and I can assure you that a great deal of my day revolved around sex and the fact that I wasn’t having it. At fifteen, the mere thought of a breast could send great paroxysms of excitement through me. You have to understand, dear reader, that a boy of fifteen is less a human being than a walking, talking priapic trainwreck. Add to this lovely vision the fact that the Internet did not arrive in my small Kansas town until years later and I can guarantee you that I was probably staring at a catalog of some sort. Future generations will know neither our pain nor our ingenuity, will they? Anyway, I had not meant to go all Alexander Portnoy on you in this opening paragraph, but honesty’s cost in this case is a foul peek into a hormone-addled mind. Oh, I’m sure I went outside for at least a little bit on that fateful day. Being summer and all, I might have gone to the pool. Maybe played some basketball. Perhaps hatched a scheme to score alcohol. It’s possibly I did any number of things. The only thing I can guarantee is that for most of that day, I thought about sex. And the fact that I wasn’t having it.

On June 20, 2013, a television news copter hovered high above Boston, chasing a white SUV that didn’t appear to be in much of a hurry. Inside that SUV was a man who is currently famous for playing professional football. It is unclear whether yesterday marked a sort of tipping point like it did back in 1994. When a man famous for playing professional football instead became famous for murder.

Either way, let’s talk Aaron Hernandez….

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One firm just started pocketing 20 percent of partner pay.

Many lessons can be drawn from the collapse of Dewey & LeBoeuf. We’ve learned, for example, that it’s dangerous to have a law firm name that’s highly susceptible to puns. (Dewey know why that is? Howrey going to find out? Heller if I know.)

Another lesson: avoid excessive dependence upon bank financing. When a firm starts to spiral downwards, that spiraling can be accelerated by a bank calling a loan, not renewing a credit facility, or otherwise taking steps to protect itself that, while reasonable for the bank, can be damaging to the firm.

Firms have responded by turning to their partners for more financing. An increasing number of firms are issuing capital calls to partners or requiring high capital contributions.

So perhaps we shouldn’t be surprised to learn that one law firm has instituted a new policy of withholding 20 percent of partner pay….

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Lauren Giddings

* You think you know Justice Clarence Thomas, but you have no idea. Here are several myths about the silent Supreme Court star that he was capable of busting in just this term alone. [WSJ Law Blog (sub. req.)]

* According to the CBO, the immigration reform bill being considered in the Senate would allow eight million immigrants to gain legal status and lower the deficit by billions. But alas, dey still terk er jerbs! [NPR]

* Google is doing its best to try not to be evil by asking the FISA court to ease up on gag orders preventing the internet giant from telling the world about what it’s required to give to the government. [Washington Post]

* Florida firm Becker & Poliakoff will withhold 20% of equity partners’ pay, a move that made some lawyers cry. The firm is apparently planning to save the cash for a rainy day. [Daily Business Review]

* Paul Mannina, an attorney with the Labor Department charged with sexually assaulting a coworker, was found in his cell with his throat slashed. Police are investigating the death. [Washington Post]

* FYI, your aspirational pro bono hours — or complete and utter lack thereof — will now be public record in New York, and you must report them on your biannual registration forms. [New York Law Journal]

* Coming soon to a law school near you: really old books from the 13th century that’ll probably turn into dust if you dare try to read them. You can find this nerdgasm over at Yale Law. [National Law Journal]

* The family of Lauren Giddings, the slain Mercer Law graduate, has filed a $5 million wrongful death suit in federal court against accused killer Stephen McDaniel in the hopes of finding her remains. [Telegraph]

* Shakespeare’s “First thing we do, let’s kill all the lawyers,” has multiple meanings. Or so say lawyers trying to lawyer their way out of being reviled. [The Read Zone]

* Embracing your identity is good advice for life and career. Just note that one of those identities is as a meaningless cog in the legal machine. [Ms. JD]

* Florida attorney Marshall Dore Louis sought some phone records from the government that he claims might provide an alibi for his client. The government claimed it did not have the records. Judge Robin Rosenbaum politely called bulls**t, having recently read about the government having EVERYONE’S PHONE RECORDS. [Southern District of Florida Blog]

* Lisa Linsky muses about the difficulty of waiting for universal recognition of same sex marriage. [Huffington Post]

* Attorney Carolyn Barnes, who landed in hot water after shooting at a census worker, has been convicted. I wonder where she’ll be residing in 7 years? [KXAN]

* Albany Law School is cutting enrollment and slashing faculty appears to be next. It sucks to lose your job, but at least you’ll be able to move out of Albany. Small miracles! [The Business Review]

* A review of Run, Brother, Run: A Memoir of a Murder in My Family (affiliate link), a memoir from attorney David Berg covering his career and family from arguing before the Supreme Court, to serving as legal counsel to President Carter, to the killing of his brother at the hands of Woody Harrelson’s father. [New York Times]

* Three SUNY-Buffalo Law Students have a band and their cover of Icona Pop’s I Love It is trending. The Spin Wires turn the electro house number into an Offspring like rock song. Video after the jump… [BroBible]

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Chad ‘Ochocinco’ Johnson

I don’t know that you’re taking this whole thing seriously. I just saw you slap your attorney on the backside. Is there something funny about this? The whole courtroom was laughing. I’m not going to accept these plea negotiations. This isn’t a joke.

– Judge Kathleen McHugh, in response to Chad “Ochocinco” Johnson’s show of team spirit when asked during a sentencing hearing in his domestic violence case if he was satisfied with his lawyer. Under the plea deal, Johnson wouldn’t have served time, but now he’s been sentenced to 30 days in jail.

A gal from the Garden State.

* Meow! An ethics complaint has been filed against Judge Edith Jones, the judicial diva herself, over insensitive comments about race and the death penalty that she made at Penn Law. [San Antonio Express-News]

* In the pissing contest over judicial confirmations, it’s fair to say that Obama’s recent nominees to the D.C. Circuit won’t receive a hearing, much less be confirmed, any time soon. [WSJ Law Blog (sub. req.)]

* Nobody likes patent trolls, not even the president. Obama went on the offensive yesterday, promising to curb unwarranted intellectual property litigation filed by pesky profiteers. [Thomson Reuters News & Insight]

* Speaking of patents, there’s a new exchange being formed for public trading rights. Please welcome the Intellectual Property Exchange International, the first exchange platform of its kind. IP: so hot right now. [DealBook / New York Times]

* After a review of evidence that Colorado movie theater shooting suspect James Holmes was whacked out of his mind at the time of the shooting, he was allowed to enter an insanity plea. [Bloomberg]

* The judge in the Oscar Pistorius case has adjourned the track star’s legal proceedings until August on account of a “trial by media.” We’ll probably continue to speculate about it until then. [New York Times]

* A woman is suing because she got her ass kicked by a gang of hookers at a Florida hotel. She claims the prostitutes thought she was infringing on their territory. Nope — she’s just a Jersey girl. [Fox News]

Your Honor, I object

Turns out, it rains in Florida. I know this because the entire state is basically a reclaimed swamp whose natural, soggy wildlife has been replaced by hot women.

Unfortunately, there are some people in Florida that don’t understand that it rains there often. These people seem to be in charge of the maintenance of one South Florida courthouse. You see, occasionally the government actually needs money to function properly. Otherwise you end up needing a kayak to go to court…

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Judge Debra Nelson charged through a string of motions in a pre-trial hearing this morning, including a ruling that the case will actually go to trial on June 10 as scheduled. The defense had sought a delay because apparently a one-witness case was too difficult to prepare in a mere 16 months or so.

But the real action revolved around the evidentiary rulings. Most of the rulings were pretty straightforward. A little, too straightforward.

What I mean is that most of the evidence at issue was so obviously prejudicial that the only purpose served by attempting to introduce the evidence is to take advantage of press coverage to poison the well of potential jurors…

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