Jones Day

Would you rather be a great lawyer or be perceived as being a great lawyer?

For many people, I think the answer to that question varies over time: At age 30, you’d rather be a great lawyer. At age 60, you’d rather be perceived as being a great lawyer.

Why?

Because, over time, your reputation may come to track reality. If you’re perceived as great when you’re 30, but you’re actually no good, that truth may out over time. As you age, your reputation may catch up with you.

By the time you’re 60, your professional horizon will have shortened, and it’s less likely that the world will unearth your incompetence. If you’re perceived as being a great lawyer when you’re 60, you may well make it to retirement unscathed.

What of law firms? Would you rather that your firm be great or be perceived as being great?

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* The NSA protests that its spying on foreign leaders was entirely legal. In defense of the NSA, this latest uproar seems misplaced. Warrantless spying on Americans is illegal, but spying on foreign governments is kind of the whole point of the NSA. [Associated Press]

* Judge James Bredar has laid out his thoughts on how sentencing judges should deal with the changing legal landscape surrounding marijuana. This is important because those dumb Guidelines still recommend an enhancement for taking One Toke Over the Line. [Sentencing Law & Policy]

* Should a plagiarizing journalist be allowed to join the ranks of licensed attorneys? Con: His crime suggests low moral character. Pro: He’s going to be a master of boilerplate. [Juice, Justice & Corgis]

* Jones Day is representing pro bono a number of Catholic institutions ticked off that they might have to buy insurance that their workers might, at some point, maybe use to buy birth control pills. It’s a tremendous intrusion upon religious liberty that Catholic institutions routinely did before they decided to make a political spectacle out of it. [National Law Journal]

* A speech to Harvard Law alums about the slow death of free speech at Harvard. By “slow death of free speech” the speaker details how a private, non-governmental institution decided not to tolerate jackassery, but whatever. [Minding the Campus via The Volokh Conspiracy]

* It’s still several months until the ATL Law Revue competition. So to keep you entertained until then, check out this parody of Lorde’s Royals performed by some law students. It looks like it’s the same geniuses from Auckland Law School behind the Blurred Lines parody. Do the Kiwis have time to do actual law school stuff? Video embedded after the jump… [Legal Cheek]

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The popular conception of “lawyer” — as seen on television and in the movies — is that of a litigator. Understandably, law students are also susceptible to this view and will be so as long as the case method remains the pedagogy of choice in law school. Cases, by definition, are always about litigation. Both popular culture and the law school curriculum show lawyers most often in court or, at least, investigating the facts of the case. However, the truth of litigation practice is very different: the overwhelming majority of litigators’ work takes place outside the courtroom. Never mind that upwards of 90 percent of all lawsuits settle before trial or that most litigators’ spend their actual in-court time arguing procedural motions rather than the substance of the dispute. Oh, and there’s also doc review.

Anyway, most new associates and law students who aspire to Biglaw are going to be confronted with a question. To grossly generalize and simplify: am I a litigator or a transactional attorney? Many would say that there are distinct personality types best suited for each. Are you a win-lose kind of person or a win-win kind of person? Do you enjoy confrontation? Do you care if you ever see the inside of a courtroom? How important is the predictability of your schedule? And so on. (Of course we must acknowledge that wrestling over such questions is the classic “luxury problem.” For the majority of law students, what follows is, at most, of voyeuristic interest.)

For those in a position to choose, which Biglaw shop’s litigation departments offer the highest quality of life? We’ve dug into our survey data for answers…

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Why go big when you can supersize? As has been reported recently, one of Biglaw’s most aggressive firms in terms of growth, Dentons (née Sonnenschein Nath & Rosenthal and some foreign counterparts cobbled together just a few years ago), is now in serious discussions about a combination with McKenna Long & Aldridge. Both firms are products of recent tie-ups themselves, and the combined firm should the transaction go through will be instantly one of the world’s largest, at least in terms of number of lawyers. Welcome to the age of the global Megalaw franchise, in which a firm can raise its profile by connecting with other firms in the interest of getting bigger, all the while creating a new global brand in the process. Dentons is sure giving it a try.

It is actually unfair to say that Dentons is the Biglaw equivalent of McDonald’s, or even Burger King. Biglaw brands of that stature would be Baker & McKenzie or even DLA Piper, and not only because they are bigger….

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Oyez, oyez, oyez! It’s the first week of October.

* Say what you will about Justice Scalia, but the man is hilarious — more funny than his four liberal colleagues combined, according to a statistical analysis of oral argument recordings. [New York Times]

* The government shutdown is slowing down the judicial confirmation process, already famous for its speed and efficiency. [The BLT: The Blog of Legal Times]

* More about news for Steven Donziger in his long-running battle with Chevron. Maybe it’s time to surrender, Steve? I hear Ecuador is a great place to retire. [New York Law Journal]

* Law firm merger mania continues, as Carlton Fields combines with Jorden Burt. [Carlton Fields (press release)]

* Herbert Smith Freehills says “you’re hired” to Scott Balber, the lawyer for Donald Trump who got mocked by Bill Maher on national television. [The Lawyer]

* You might see your dog as harmless and cuddly, but the law might see your dog as a weapon (and rightfully so, in my opinion). [New York Times via ABA Journal]

* Congratulations to all the winners of the FT’s Innovative Lawyers awards. [Financial Times]

* And congratulations to Heidi Wendel and Deirdre McEvoy, high-ranking government lawyers headed to Jones Day and Patterson Belknap, respectively. [New York Law Journal]

* Today the Supreme Court will hear argument in McCutcheon v. FEC, a major campaign finance case that some are calling “the next Citizens United.” Check out an interview with one of the lawyers behind it, after the jump. [UCTV]

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Biglaw branding sounds painful, but thankfully, associates at the highest and mightiest of firms don’t have to sear their flesh with their firms’ logos. Biglaw branding is more about the image firms want clients to see when making hiring decisions, and partners are likely equally as worried about their reputations in the marketplace as their year-end profits.

The last time we spoke about law firm branding, we found out that Skadden had the most recognizable brand in the country. But we, loving rankings as we do, wondered which law firm had the best brand in the world. Luckily for us, hot on the heels of the release of the Am Law Global 100, Acritas published its 2013 Sharplegal Global Elite Brand Index.

Who’s got the best Biglaw brand on the planet? Let’s find out…

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For all the talk of layoffs and worries over an unstable legal economy, Biglaw just keeps getting bigger. Today, the American Lawyer magazine announced its Global 100, a ranking of the world’s 100 largest law firms in terms of total revenue. The view from the top is simple: as we learned from the 2013 Am Law 100, slow and steady does win the race, because Biglaw is at the biggest it’s been in years, and partners’ profits are headed up, up, up.

Now that we’re on the long road to recovery following the recession and collapse of the U.S. financial markets, there are some lessons to be learned from the past five years. Some firms were able to cash in modestly on their success, while other firms buckled under the pressure and were forced to close their doors for good. The game of musical chairs in the top 10 of the Global 100 reflects this economic uncertainty.

DLA Piper is the new top dog in terms of total revenue. Which firms are the leaders of the pack in other metrics, such as profits per partner and attorney headcount?

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‘No, not that firm! Any firm but that!’

If you’re working in-house and dealing with bet-the-company litigation, you want the very best litigators in the world to be on your side. You want a firm with litigators so strong that it will make opponents gasp in fear at the very mention of its name. You want a firm that is known internationally for “go[ing] for the jugular” and coming out on top.

But how can you ensure that you’ve picked the right firm? BTI Consulting Group just made it a little easier with the release of its annual ranking of the firms “most likely to trigger dread” in opposing counsel, as determined by a poll of about 300 in-house attorneys. After reviewing all responses, BTI named the “Fearsome Foursome,” the most-feared litigation firms in the country.

Which firms returned to this year’s list and which firms dropped off of it? Check out the latest rankings…

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Over the last two decades, a dedicated Supreme Court bar has gained prominence, focusing on arguing the increasingly few cases before the justices each term. These lawyers face fierce competition in persuading clients to hire them, participating in a not-so-glamorous competition known in the industry as a “beauty contest.” At these lawyerly pageants, attorneys competing to take the case make their pitch and try to persuade the client that their firm is the best suitor.

In my new book, Unprecedented: The Constitutional Challenge to Obamacare (affiliate link), I go backstage and look at two of the most high-profile beauty contests in Supreme Court history: who would represent (1) the National Federation of Independent Business (NFIB) and (2) twenty-six states in their respective challenges to the constitutionality of Obamacare.

How did these litigants go about choosing their counsel? Which lawyers and law firms got passed over?

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There hasn’t been much major good news on the associate compensation front over the past few years — since, say, January 2007. But recent weeks have brought pockets of minor good news for limited constituencies. Green shoots, anyone?

In Miami, Greenberg Traurig raised starting salaries by 16 percent, from $125,000 to $145,000. In New York, Sullivan & Cromwell and Skadden Arps started offering $300,000 signing bonuses to Supreme Court clerks.

And now $300K bonuses for SCOTUS clerks have spread, to other law firms in other cities. Consider this the new going rate for top-shelf talent….

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