* Eric Holder comes clean on his involvement with the James Rosen search warrant, and to the chagrin of many, he isn’t plotting the death of journalism. That, or he’s a big liar. You pick. [Volokh Conspiracy]
* George Zimmerman is going to be staring down an all-female jury for the next few weeks in his murder trial. And let me tell you, that’s going to be so much fun when everyone’s cycles start to sync up. [CNN]
* It’s amazing that the Framers’ intentions can be applied to true love. Best wishes to Ilya Shapiro on his new marriage. Professor Josh Blackman is one hell of a wedding speaker. [CATO @ Liberty]
* Is there an appropriate way to deal with cosmetic surgery — like a breast enlargement, breast reduction, or a nose job — in the office? Just be ready for people to talk about you. [Corporette]
* Former Above the Law columnist Jay Shepherd offers up the secret to lawyer happiness in just six minutes, while taking shots at the world’s largest law firm and the world’s shortest movie star. [jayshep]
* 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:
Professor Joel P. Trachtman has developed a unique, practical guide to help lawyers analyze, argue, and write effectively.
The Tools of Argument: How the Best Lawyers Think, Argue, and Win is a highly readable 200-page book, available for about $10 in paperback or e-book. Chapters focus on foundational principles in legal argument: procedure, interpretation of contracts and statutes, use of evidence, and more. The material covered is taught only implicitly in law school. Yet, when up-and-coming attorneys master these straightforward tools, they will think and argue like the best lawyers.
For most attorneys, time spent managing the books is a necessary evil at best. Yet it is undeniably a crucial aspect of running a successful practice. With that in mind, we invite you to view or download a free webinar by Above the Law and our friends at Clio to learn how to better manage your finances.
Take this opportunity to learn what it takes to streamline your accounting and get the most out of your time. The webinar agenda:
● The basics of accounting for lawyers.
● How legal accounting differs from regular accounting.
● Report and reconciliation issues surrounding trust accounts.
● How to pick and integrate the best accounting tools for your practice.
● Steps to prepare your tax return for your firm’s income.
Do not miss this crucial chance to optimize your accounting practices. Save time and get back to billing!
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 seven years. You can reach them by email: email@example.com.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!