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?
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?
Today, we turn toward Texas. Texas is beloved here at ATL as an apparently bottomless source of colorful legal news. The state is a frequent battleground for high profileconstitutional fights while also generating a steady stream of tabloid fodder, from “judges behaving badly” to “tragic homicidal mayhem.” (Of course, there’s also the running joke among the ATL commentariat that, for what a New York Biglaw associate pays for his cramped studio apartment, one can buy a 3,500-square-foot wife house in Texas.)
But of course this is a limited, distorted view of the legal industry in Texas. Texas is a huge, diverse state with a relatively strong economy and a unique legal culture. Biglaw firms thrive in all three major cities, both local outposts of national firms, or more significantly, Texas-bred firms such as Baker Botts and Vinson & Elkins. Our ATL Insider Survey (13,000+ responses and going strong, thanks), asks attorneys at firms to evaluate their employers in terms of compensation, hours, training, morale, and culture. After the jump, we’ll look at how firms in Texas stack up in these categories — and how they compare to the national averages…
* Whitey Bulger was convicted on 31 of the 32 counts he faced. [NBC News]
* Eric Holder announced that the federal government will stop charging certain drug offenders with crimes that carry draconian mandatory minimum sentences. Apparently, he just now realized the prison system is riddled with non-violent offenders. The last horses are finally crossing the finish line, folks! [Washington Post]
* Johnny Manziel has hired counsel for his upcoming NCAA probe. Surprise, surprise, it’s Champ Kind from Anchorman. [Jim Darnell]
* As a follow-up, the lawyer who filed suit against his ex-wife for bad mothering is facing ethics charges in an unrelated matter where he wrote a will giving his own kids 40 percent of his client’s estate. It take something special to try and slip that one past the goalie. [ABA Journal]
* The former escort behind the nom de plume Belle de Jour, whose exploits gave rise to a TV show, is being sued for defamation by an old boyfriend who claims her sexploits are a lie. If you can’t trust a detailed diary of sexual experiences, what can you trust? [Jezebel]
* Here are the top energy law priorities facing Congress after they return from summer recess. Repealing Obamacare, Congress’s only priority, is not an energy policy. [Breaking Energy]
* For IP attorney LOLZ, here’s a fun Tumblr. [IP Attorney]
* A law student at Wisconsin has developed a system that allows easy stalking of someone’s smartphone. While this makes him sound like a jerk, his intention is to prove how unacceptable this lack of privacy really is. It’s not stalking if it’s proving a point! [Ars Technica]
* The Sixth Circuit thinks the emergency manager law in Michigan may violate the state’s constitution. This could throw the whole Detroit bankruptcy into doubt. There’s a lot of talk about how this could help city pensioners, but let’s focus on the victims it could cause — what would happen to Jones Day’s billings? [Constitutional Law Prof Blog]
Base salaries for Biglaw associates haven’t budged since January 2007, when Simpson Thacher led the charge to $160k. Year-end bonuses have remained fairly static since 2007 as well, the year of Cravath’s special bonuses. The 2012 bonuses represented an improvement over the 2011 bonuses, but only if you ignored the 2011 phenomenon of spring bonuses. On the whole, associate compensation is treading water.
But for Supreme Court clerks, aka “The Elect,” compensation continues to climb. In 2011, the signing bonus for outgoing SCOTUS clerks started to move from $250K to $280K. In 2012, the increase solidified, with $280K becoming the new going rate (and $285K becoming the above-market rate).
Now, just a year later, some firms are offering SCOTUS clerkship bonuses in excess of $280K or $285K. How much are they paying, and which offices of which firms are leading the market higher? The answer might surprise you….
Ed. note: This is the latest installment in a new series of posts on lateral partner moves from Lateral Link’s team of expert contributors. Today’s post is written by Michael Allen, the Managing Principal of Lateral Link, who focuses exclusively on partner placements with Am Law 200 clients.
An intriguing demographic dilemma is approaching a powerhouse law firm, Jones Day, as several senior partners and chairs are straddling the mandatory retirement age. The firm currently has over eight partners — including numerous practice leaders and partners in charge — above their proclaimed mandatory retirement age, and over ten partners nearing the cutoff, which probably signals that Jones Day gives some partners a pass when it comes to retirement. For example, Mark Sisitsky, Hugh R. Whiting, and Bob Mittelstaedt, just to name a few, are all very respectable partners who are refining with vintage.
Jones Day generally restocks from within by promoting partners in the first quarter each year. In 2013, the firm internally promoted 29 partners in the first quarter, each with an average of 12.5 years of experience. Although Jones Day is five months away from the next round of promotions, Lateral Link has identified around fifty associates who are in the running for a partner promotion (although only a handful will ultimately get the nod). We have an idea who fits in both categories and have been fairly accurate in our projections from the past….
This weekend, I had the unenviable task of going on Fox News and “defending” Detroit. I wasn’t sure what I was supposed to be defending: poor city government, white flight, crumbling infrastructure… the best thing anybody can say about Detroit right now is that Miguel Cabrera is still sober. My solution was to sell Detroit to Canada. Our neighbors to the north seem to do a better job of providing civic services in a business-friendly environment without the kind of gridlock and recriminations that dominate every “solution” ever offered to Detroit’s long-standing problems.
Understand, this is a city that can’t even file for bankruptcy without getting dragged into legal quicksand. Former Jones Day partner Kevyn Orr was named Detroit’s emergency financial manager just four months ago. Evidently, it doesn’t take long to look at Detroit’s books and cry uncle, but now a judge is trying to block Orr and the city from restoring financial sense.
Don’t worry, as usual there will be people making money in Detroit. It just won’t be the people who actually live there…
In fairness, only one legal story dominated the week. The Zimmerman verdict provided a new twist daily. It even got Kim Kardashian involved, which was a relief to the unwashed masses waiting to hear how a spoiled sex-tape star would react to a verdict at the intersection of race and gun policy.
But the most newsworthy verdict in years was not the only thing happening this week, regardless of what CNN would like you to believe…
* Under the leadership of emergency manager Kevyn Orr, Detroit is now the biggest U.S. city to declare bankruptcy in history. Unfortunately, not even the strict Jones Day dress code could save them. [Am Law Daily]
* As one of our columnists David Mowry told us weeks ago, New York wants to close the justice gap by looking to the state’s best untapped resources for pro bono work: in-house counsel. [New York Law Journal]
* Law schools are officially ready to scrape the bottom of the barrel when it comes to filling their classes. Some are now accepting first-time June LSAT scores for fall admission. [National Law Journal]
* Our managing editor, David Lat, comes to the defense of fictional representations of the law, but seeing as he’s writing a fictional legal novel, we think he’s kind of biased. [Room for Debate / New York Times]
* Mobsters really don’t like rats, and it looks like someone who was planning to testify against Whitey Bulger may have been whacked after having been dropped from the prosecution’s witness list. [CNN]
A dizzying array of legal news delivered almost non-stop for an entire week. Emotional highs when DOMA is struck down, lows when a pillar of the legal landscape for nearly 50 years is swept aside, leaving millions of Americans even more concerned about their constitutional rights than they were before. There was an epic filibuster and failed jokes. This was a hell of a week to be covering the law.
As the frenzied week draws to a close, I decided to look back and compile my personal review of the major events of the week, gathered in one omnibus post.
So let’s take a look at the week that was ranging from Aaron Hernandez to the Supreme Court…
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!
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.