The average person is relatively honest. Why do we create rules that force otherwise honest people to lie?
We do this to many people. Think first about physicians.
For some reason, New Mom and Baby should spend one extra night at the hospital. Mom and Baby are doing fine, but the doctor sees a reason for one more night of rest. What does Doc do?
The insurance company won’t pay for, and Mom can’t afford, an extra night at the hospital, so Doc lies: He falsely notes that Baby is “jaundiced,” which justifies the necessary night at the hospital. The rules have turned Doc into a liar.
I’m sure that’s just the start of what the insurance bureaucracy does to turn honest physicians into routine liars. But I’m thinking today of rules that turn perfectly honest lawyers into liars. Once you start thinking about it, you’ll come up with endless examples . . .
We are at the final showdown for our March Madness bracket, and all the private school sissy-boys have been kicked to the curb. Apparently, you can’t buy your way into a moral or ethical principle. Only the state can inculcate you into virtue.
For the first time, I think ever or at least as long as I’ve been here, in an ATL contest of law schools, the final battle is between two state schools. And it happens in our contest about honesty and ethics. I guess there’s a lot of truth that comes out after a long round of flip-cup….
In real life, I am in a pitched battle for second place in my NCAA tournament poll with these guys. I can’t win because the guy in first has the exact same bracket as I do from here on out. But I can still finish second, so long as one of my “friends” who is actually a floppy-headed Kansas fan doesn’t get his JayHicks into the finals.
In more law related news, our Most Honest Law School bracket is chugging along.
The real March Madness has been batsh*t crazy. Lehigh? Norfolk State? As sometimes ATL contributor Marc Edelman pointed out, schools that have top law schools took a beating with their basketball teams. Harvard, Michigan, UVA, Duke, Georgetown, and Texas were all in the tournament, and now they’re all sitting at home.
But in the Above the Law bracket, top schools survive and thrive. We’re asking readers to pick the most honest law school. We’re asking readers to tell us which law school graduates are the most honorable and ethical in their private practice.
So far, the readers are telling us they’re unable to understand anything beyond what U.S. News tells us….
Get your brackets ready, March Madness is here! It’s the most wonderful time of the year, at least for those who enjoy illegally gambling with co-workers.
Every year, we here at Above the Law like to put together a little bracket of our own. In the past, we’ve asked you to vote for such things as the coolest law firm or the douchiest law school.
This year, we’ve come up with a question that you don’t hear a lot of people asking when they’re talking about pursing a career in law: Which law school is the most honest?
Don’t start checking youLST transparency index just yet. Sure, being honest to prospective or incoming students can be a factor in a law school’s reputation for honesty. But we want to look at this question in the broadest possible sense….
Okay, I confess: I made the headline intentionally provocative. You shouldn’t lie at all, and you should absolutely forbid witnesses from lying under oath. (If we, the lawyers, don’t obey the law, who will?)
I’m thinking today about a person who is not under oath and will be sorely tempted to tell an obvious lie. Don’t do that yourself, and advise others that it’s not great idea, too.
When are people tempted to tell obvious lies?
In the corporate context, a quarterly earnings announcement might boldly proclaim that the company earned $1 per share this quarter. The Street expected only 90 cents, so this appears to be great news. But there’s something else tucked into the earnings report that disappoints the analysts: revenue declined; margins compressed; organic revenue growth stalled; whatever. Thus, despite the happy headline, the stock price drops two bucks on the day of the earnings announcement.
The next week, you, or the head of your department, or the head of a business unit, or whoever, has to brief an internal audience about the quarterly results. The speaker will be sorely tempted to tell an obvious lie: He’ll pull excerpts from the slide deck used for the earnings announcement, emphasize that the company beat the Street’s consensus estimate by ten cents a share, and tell the gang that we had a great quarter.
Meanwhile, everyone in the room is thinking: “If we had such a great quarter, why did the stock price crater on the news? Do you think I’m an idiot? Why are you lying to me, and do you lie often?”
I’m no expert in corporate communications, but it strikes me that it’s a bad idea to tell obvious lies. How do you avoid telling obvious lies?
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…
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: firstname.lastname@example.org.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
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