* According to the Second Circuit, the long arm of the law doesn’t extend to the middle finger. You can’t just go around arresting dudes for flipping you the bird. [U.S. Second Circuit / FindLaw]
* President Obama jetted off to Hawaii before he could sign the fiscal cliff bill, so he ordered it be signed by autopen. Of course, people are losing their minds over it. [Volokh Conspiracy]
* Should we scrap the Constitution? Georgetown Law professor Louis Seidman continues to advocate for constitutional disobedience in this epic ConLaw throwdown. [HuffPost Live]
* Don’t celebrate your increase in California bar passage points yet. The state bar changed its tune, and a 40% pass rate is the new standard. That shouldn’t be hard, eh TJSL? [California Bar Journal]
* One of our former columnists, Jay Shepherd, has a great way to calculate what your actual hourly rate should be, if you don’t mind working for just pennies a day. Most lawyers would mind. [jayshep]
* For the love of God, even Gawker knows that going to law school these days is a fool’s errand, or in their own words: “IT’S A SUCKER’S BET. A CLEAR SUCKER’S BET.” Come on, stop being suckers. [Gawker]
* If you’d like to hear Dean Lawrence Mitchell of NYT op-ed fame sound off on why there isn’t a lawyer oversupply problem, and why it isn’t his job to get law students jobs, we’ve got a video for you to watch….
Most of my friends are lawyers. Forrealz. To be sure, an increasing number of them, like me, no longer practice. But most of them still do, and I still like hanging with them.
When I would go to Suffolk Superior Court in Boston, or the federal district court across the channel in Southie, I would bump into classmates or colleagues more often than not. Later in my practice, it became increasingly common that I would already be friends with my opposing counsel. Some lawyers don’t like litigating against their friends, but I always did. It made it easier to get things done, and you didn’t have to waste time with unnecessary gamesmanship.
If you already had a level of trust with your opposing counsel, you could skip all the silly things that slow down litigation and make it more unpleasant. Discovery disputes, for example, drop down to zero. Settlement talks start sooner and are more meaningful. Extension requests are automatically given. Cases get resolved faster and easier.
But do you know who doesn’t like it when opposing lawyers are friendly with each other?
Find out who — plus big news about this column — after the jump.
Recently I talked to a fourth-year-associate friend of mine who’d been working at a new small firm for several months. When I asked him how it was going, he said “great” in a way that suggested anything but. So I pressed him for more. The work was fine, he insisted. The clients were fine. His associates were cool. Great, I said. So what was the problem?
Well, he finally let on, there was this partner.
OK, I said. What about this partner?
Well, he said, he’s making my life a living hell. In fact, my friend said, it was so bad, he was thinking of leaving the firm.
Many litigators have a bias against settlement. It’s understandable. There’s no glamor in settling cases. No one is ever going to make a TV show called “The Settler,” about a young but scrappy underdog lawyer who fiercely negotiates tough-but-fair settlement agreements and always remembers to allow a 21-day waiting period if the plaintiff is 40 or over. (On second thought … better call my agent.)
Forget TV and movies. No lawyer has ever come home with the exciting news about settling a lawsuit (at least, no defense lawyer). “Honey, I settled the Devens case!” “That’s great, dear. Now go mow the lawn.”
In the midnineties, I was a junior associate working on a contentious sexual-harassment case. While we were able to win partial summary judgment, the main claims headed to trial in federal court. During the negotiations before the trial, the partner from my firm had a conversation with the plaintiff’s lawyer, who was that sort of rough-around-the-edges attorney who prided himself on spending a lot of time in the courthouse.
Looking to put my boss in place, the guy took a shot at our firm’s litigation style. Here’s what he said …
Like many of you on the East Coast, I’ve been spending my Sunday without power, thanks to Hurricane Irene. As I write this Sunday night, we’re in our eighth hour without electricity. Thankfully, other than losing some small branches and a bunch of leaves, we fared pretty well in what was left of the tropical storm. And the Red Sox swept their storm-related Saturday doubleheader, so there’s that.
But without electricity, I’m writing this post by candlelight and quill pen. OK, not really. Candlelight and iPad. But consider that I’m sacrificing one of my ten hours of iPad juice for this instead of beating my kids at Cut the Rope, or whatever. I know: you can thank me later.
Actually, losing power got me thinking about just how much I rely on electricity and computers and iPads and iPhones, and also how much that reliance has increased since I started law school, 20 years ago this week. And over the years, I came to appreciate just how much technology has allowed small firms to compete with our Biglaw colleagues.
What are the five biggest ways that technology has empowered (if you will) small firms?
My overlords here at ATL thought it would be fun to run a poll about whether there should be one space or two after a period. As if these things are decided by popularity, rather than by rules. This is strange, really, because just about all of you reading this are lawyers or studying to become lawyers. Better than anyone, lawyers know that we rely on laws and rules to decide what’s what, rather than an American Idol–style unscientific poll (where voters are self-selected and can vote multiple times).
As of this writing (late last night), the score was 65.9% saying “two spaces” to 34.1% saying “one space.” Now I’m no math geek (hence law school), but it looks like nearly two-thirds of you think a period takes two spaces after it.
The managing partner of your firm tells you and your colleagues that you all need to “do more marketing.” What that vague phrase means is unclear, but the partner feels it’s imperative. It’s the only way to bring in more business. Someone — maybe even you — ventures to ask for ideas on what kind of marketing you all should be doing.
Your fearless leader looks nonplussed for a moment, then shakes his head quickly like a dog drying himself and sputters, “Network. Get out there and network.” Meeting over.
Now you and your colleagues are left trying to divine just how to go about “marketing” and “networking.” There were no courses on these arcane arts in your non-T14 law school. (Fear not: The T14 law schools didn’t have those courses either.)
Finally, one of the group members — maybe even you — recalls getting an email blast about an upcoming networking event that you can all go to at the local chamber of commerce. “Great,” you chorus. But what are you supposed to do when you get there?
Don’t worry. Here are the six best tips for attending networking events:
I tried to be a good boss over the years I ran my law firm. Some of my lawyers might tell you that I succeeded; others might be less charitable in describing my managerial skills. But I always made an effort to have my employees feel valued and respected. I gave them autonomy in their work, and I let them push back if they disagreed with the course of action I had chosen. When there was a problem with someone’s work or attitude, I dealt with it discreetly and sensitively; I never called anyone out in front of a coworker. And when someone had a good day, I made a big deal of it and made sure that everyone else knew about it.
I made sure that we celebrated every employee’s birthday, and we always recognized big events in people’s personal lives. And for a while, I gave a shout out to people for celebrating an anniversary with the firm.
Until one day, when I suggested going out to lunch to celebrate a junior associate’s second anniversary.
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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: email@example.com.
Deal flow has clearly picked recently up for most US associates, counsels and partners in Hong Kong/China and Singapore. We are on the phone with a lot of these folks on a daily basis, many of whom we have known for years. Further, the head of our Asia team, Evan Jowers, and Kinney’s founder and president, Robert Kinney, frequently meet in person with leading US partners in Asia to assess their needs and keep on top of the inside scoop at as many firms as possible. The need for legal recruiting help in Asia from experienced recruiters appears to be live and well. In March, Evan and Robert were in Beijing at such meetings, in April, Evan was in Hong Kong, and for half of June Evan will be in Shanghai and Hong Kong. Thus its pretty easy for us to tell when there has been an across-the-market pick up in capital markets and corporate work.
On an average day in Asia when Evan and Robert visit firms, they typically have 5 to 9 meetings a day, mostly with US partners in the market. The reason they have these meetings is not simply because Kinney makes a lot of US attorney placements in Asia and that a particular firm may have openings; instead these are just visits with friends. After years of working together as business partners, the folks at Kinney are actually these peoples’ friends. The firms Kinney work closely with in Asia (which is just about every law firm – call us if you want to know the one firm in the world we will never place anyone with again, ever, and why) look forward to the visits, or at least act like they do. After seven years in the market, many of the client partners are former associate candidates. Also, these US partners see Kinney as a very good source of market information as well, because they know how deep their contacts are in the market and how frequently they are speaking to counterparts at peer firms.
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
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