In-house counseling

First off, a bit of housekeeping:

1)    I never claimed to be a Deadhead, though I love their music. I will leave that to Mr. Wallerstein. I am a committed Phishhead, and could easily have used Trey Anastasio’s bust and subsequent rehab as an example for last week’s column. However, the Furthur incident had just occurred near here and I thought it was more topical.

2)    I did not intend to depress anyone with a column on alcohol, so I guess I should have been sober when writing, but that goes against my practice.

3)    I am rarely shocked any more by the comments on this site, but I have to say that in my opinion, they have devolved so far into a cesspool of misogyny and lack of humor or wit, that I have decided to continue to write columns without the ability to comment. I have been doing this long enough, and been called enough names and insulted sufficiently that I have become inured to being “hurt.” If you have a genuine criticism, suggestion or correction, write me at the Gmail address.

(Segue to column)

double red triangle arrows Continue reading “Play To Your Strengths…”

“Hot enough for you?”

“Boy, sure is hot!”

And on and on.

I have a desire to fulfill a Bryan Cranston-like dark fantasy when people say those phrases. Yes, it is hot enough for me, thank you, and I am now waiting with chewed fingernails to see if our benefit concert for tomorrow afternoon will be rained out due to the oncoming cold front. I also received some good news/bad news on a pro bono case I am working, and my wife is starting to get a bit touchy about my lack of focus on all things domestic. It has been one of those weeks, when all should be celebratory and positive, but the muck keeps dragging me down. But as is my practice, I keep plugging along. Just keep swimming…

double red triangle arrows Continue reading “When the Heat Becomes Unbearable, Make Lemonade”

* The role of lawyers in America’s Syrian policy. Everyone always tries to throw the lawyers under the bus. [Lawfare]

* Pippa Middleton has some lawyers trying to crack down on a parody Twitter account. Thankfully, the law exists to protect wealthy socialites from being mocked. [IT-Lex]

* GCs are not happy with the rates charged by outside counsel. I, for one, am shocked that GCs don’t like paying upwards of $1000 an hour for “further work.” [Consero]

* Honestly, we should have seen this coming: a Zimmerman juror is seeking a book deal. This is the juror who assumed black people had rioted over the shooting and called Trayvon a “boy of color,” so you can tell the prosecution was doing a bang-up job with its jury selection procedures. [AlterNet]

* Conservatives rejoice after several unions complain about Obamacare. Oh, the irony! Except the unions’ complaint is not that Obamacare is bad, but that it doesn’t go far enough in providing incentives to non-profit insurance plans and penalizing companies that are cutting back on hours to avoid the law. [The Volokh Conspiracy]

* The Top 50 Legal Innovators, Techies, Visionaries, and Leaders: meet this year’s Fastcase 50 (Lat appeared on the inaugural list). [Fastcase via TaxProf Blog]

* After the jump, a short video about Superman and the duty to rescue. I understand that people are miffed that the most recent film version of Superman takes a laissez-faire view of saving lives, but Superman’s always been a dick

double red triangle arrows Continue reading “Non-Sequiturs: 07.15.13″


It is the middle of one of the funkiest weather summers ever, and my kids yesterday said they can’t wait to go back to school.(?) While it is true that rain almost every single day seems downright tropical, it gives one time for pensiveness — about your current state, your past and your future. This week I am reminded of several incidents in my career that I wish could be erased, and I thought I would share some with you.

I will never forget my first day as a summer associate in Biglaw. I was tasked to draft a complaint. I was given a template and sent on my way. Two hours later, the partner who had assigned the work came to check on me. I admitted to her that I had not gotten very far because I couldn’t get the text in the caption box of the complaint to align. She calmly patted me on the head and showed me how litigators don’t need to reinvent wheels through the magic of records files…

double red triangle arrows Continue reading “Hard Lessons Learned”

Attorneys must be prepared to not panic upon realizing that the curveball is not going to drop into the strike zone.

I learned two life lessons from my participation in the “The Fifth of July” (affiliate link), a play by Lanford Wilson. One was during my first-ever male kissing scene. I learned what actresses go through with piggish actors who decide to “go for it” when the lights come up; we’ll leave it at that. And two, I learned that when required to wear short shorts as part of your costume, you should always — always — wear underwear if you’re ever going to be sitting down during your scenes.

I relay those two lessons tongue half in cheek. They relate to in-house work in the sense that while preparation is key, when the spit hits the fan, you need to first “grab the canoe”….

double red triangle arrows Continue reading “Grabbing the Canoe: Or, Reflections on Crisis Management”

Driving to court this morning for a pro bono appearance, my Blackberry buzzed with the headline that DOMA had been struck down. Concurrently, the song “Fight the Good Fight” was playing on the radio. Indeed.

In France, there were violent protests in the streets when the issue was up for a vote. Here, some folks give a shrug and a “meh” to today’s news. Later, when the Court effectively struck down Prop 8, people in California began pilgrimages to their local courthouses or civic centers to look into getting married. It is indeed a great day to be an American….

double red triangle arrows Continue reading “A Wonderful Day To Be an American”

Yesterday Elie wrote about the NYU “professor” who twitted a pitiable comment about obese people not being able to obtain Doctorates. The Interwebs had a field day with the comment. And the sociopaths who have every word of this site transmitted to their email just so they can snark went bananas. Two days ago, a comedienne debated a friend of hers regarding the appropriateness of rape humor, and the responsive comments were frankly disgusting. As were many of the comments directed at a Cheerios ad that featured a bi-racial family. Finally, I wrote some weeks ago about the secrecy surrounding mental health issues in our profession, and someone with no medical qualifications likened a psychotic break to over-stress in the workplace. Now, of these examples only two come directly from this site. But all of the hate, misogyny, racism, phobias, etc. are displayed here on a weekly basis. Are you really that stupid?

double red triangle arrows Continue reading “House Rules: Really?..”

Ed. note: This post is by Will Meyerhofer, a former Sullivan & Cromwell attorney turned psychotherapist. He holds degrees from Harvard, NYU Law, and The Hunter College School of Social Work, and he blogs at The People’s Therapist. His new book, Bad Therapist: A Romance, is available on Amazon, as are his previous books, Way Worse Than Being A Dentist and Life is a Brief Opportunity for Joy (affiliate links).

It’s time to go back to 1972 or so and start the Women’s Liberation movement up all over again. We need it.

A client, who was sexually harassed at her old firm, tells me a new fear haunts her — that her “reputation” will be transported via gossip to wherever she goes next. I asked what that “reputation” would be — I mean, how do you get a reputation for being harassed by some clown at a law firm?

“Well, they might think I’m difficult, or unstable, or a trouble-maker,” she explained.

That makes me want to scream — particularly because she might be right: Some sort of reputation along those lines might stick to her, and it might get around at her new firm. When you’re a woman at a law firm — or a woman, period — there are times when it seems you just can’t win…

double red triangle arrows Continue reading “Crazy Woman”

Well, Bausch and Lomb is finally being sold. Oh, there will be some time between now and the closing, but yesterday’s announcement of 800 million dollars in cost cutting would make any in-house attorney nervous.

The cuts are to come largely from the front office and management, all places where lawyers are part of the organization. I know several good people who face a period of real uncertainty as Valeant performs assessment after assessment of where cuts can be made, and then begins to swing the axe.

My town of Rochester has seen more than its fair share of decline in the last decade. Eastman Kodak is a shell of its former self, and now B&L is going to be owned by a Canadian concern; at least, if true to Canadian tradition, they’ll be “nice” about the cuts, right?

double red triangle arrows Continue reading “House Rules: The Deepest Cut…”

Talking to my mother in Edmond, Oklahoma on Monday afternoon took a turn for the scary when she told me that Moore had just been hit by another very serious tornado and another one was (click)….

It took me two hours to reach my brother, who also lives near Oklahoma City, and who ironically enough works for a large cellular company. After my ranting about the lack of service that scared the bejeezus out of me, he informed me that while all was well with my family, Moore was devastated — again. I am guessing that some readers were around eight years old in 1999, when Moore was last left resembling Hiroshima in a Technicolor film. I am certain that some residents thought a once in a lifetime storm would never happen again, but it seems that Moore sits on some sort of Hellmouth. That’s the thing with tornadoes, they come out of the blue, there’s nothing you can do to stop them, and your only protection when you have no basement, is to hunker down in a bathtub and pray — and that’s if you’re lucky. It is the same thing with business catastrophes. And while that segue might seem rough at first blush, put in the context of this week’s damage, it makes a certain amount of sense…

double red triangle arrows Continue reading “House Rules: Catastrophic Events…”

Page 3 of 261234567...26