* A Simpson Thacher associate is planning to row across the Atlantic to support cancer research. [Remacae]
* These teacher tenure suits are so stupid and completely miss the real reason public schools have trouble. And the lead plaintiff inadvertently confessed just how off the mark he is. [Washington Post]
* AMC released the teaser for Better Call Saul. After the jump… [via Time Magazine]
Yesterday over at Hercules and the Umpire, Judge Kopf noted an article from the Federal Judicial Center regarding social media use among jurors. Also in the article was a brief bit on social media use by attorneys during voir dire.
Most judges stated they did not know whether attorneys were using social media during voir dire, and most do not address the issue with attorneys before voir dire. Only 25 judges reported they knew attorneys had used social media in at least one of their trials, usually during voir dire. Attorneys may have used social media to look at prospective jurors’ Facebook pages, to run names through search engines, or to look at online profiles, blogs or websites. Of the 466 judges responding to this survey question, 120 do not allow attorneys to research prospective jurors online during voir dire.
Which caused Judge Kopf to ask: “So long as the use of social media by a lawyer in the courtroom picking a jury is discreet, why in the world would a federal judge interfere with a lawyer using social media to obtain information about jurors during the jury selection process? That doesn’t make any sense to me? ”
What’s perhaps less obvious to those of us who do white-collar criminal defense but don’t normally practice in state court in New York is that, according to the law as set out in these papers, New York state is a magical Shangri-la of due process compared to federal court.
As you know, in this column I examine how individual solo and small-firm lawyers are using new technologies in their day-to-day practices. Hopefully, my columns will encourage and help other lawyers to do the same.
In today’s column you will meet Mitch Jackson, a California personal injury attorney, and will learn how he uses the wearable technology Google Glass in his law firm. Mitch founded his law firm, Jackson & Wilson, Inc., with his wife in 1988. Since then they’ve dedicated their practice to representing victims of personal injury and wrongful death.
It’s entirely possible that you’ve already heard of Mitch. Whether on Twitter, LinkedIn, Facebook, or YouTube, he has an incredibly strong social media presence. Most recently, part of his online focus has been on his use of Google Glass in his law practice. So of course he immediately came to mind when I conceived of the idea for the column. I knew I had to reach out to Mitch and explore how he uses Google Glass in his practice — and whether the technology is actually useful or whether it’s too nascent to be particularly helpful for lawyers.
The first question people usually ask me when they find out I am a lawyer is: “What kind of lawyer are you?” My response is usually: “I am a story teller.” A good deal of my practice involves helping lawyers tell stories, because no juror ever said, “Well… I’m not really sure that I understand the plaintiff’s point of view completely. Let’s give him $10 million.” I usually advocate for the cyborg approach: part human and part machine. I think you can tell an effective story without a computer, but from my experience, jurors are a reflective part of the population that consciously moved out of the radio era and into CGI-laden-movies era.
I use neat hardware (sometimes cheap hardware), I use neat software, and I almost always use a whole lot of custom graphics. Talking about how to make a great graphic is almost impossible. Most of the good ones are good for unique reasons. Most of the bad ones are bad because they fall into a few general categories. Here are a couple of those categories:
* Squire Patton Boggs has announced the new leadership structure of its lobbying and public policy practice. It’s really no surprise that the head honchos of the group hail from the Patton Boggs side of the recent merger. [Politico]
* “It’s funny how the Supreme Court reaches down and picks this case.” The most important digital privacy case of our time just happened to be filed by Stanford Law’s SCOTUS Litigation Clinic. Awesome. [San Jose Mercury News]
* If you’re caught on camera sleeping during a Yankees/Red Sox game, you can probably expect abuse from ESPN announcers. If you call someone an “unintelligent fatty” as an announcer, you can probably expect a $10M defamation suit. [New York Post]
The justice system in California suffered a complete meltdown yesterday, and an alleged career criminal who should be in jail is now in the morgue.
Here’s what happened: Bobby Lee Pearson was on trial for burglary in a Fresno County court. The jury was deadlocked. I’ve written before about how our jury system is probably the worst system possible, aside from all the other ones that have been tried.
If the jurors had told Judge W. Kent Hamlin they were deadlocked, he would have declared a mistrial. But there’s no “box” on the verdict form for no verdict, you have to actually tell the judge. This, evidently, confused the s**t out of 12 souls in Fresno. Instead of telling the judge, leaving the form blank, or simply asking for help, the jurors did the dumbest and laziest thing possible, and filled in “not guilty”on the verdict form.
Hamlin read the verdict, and released Pearson. Only later did jurors inform him that they had no freaking idea what they were doing. But it was too late for Pearson.
* The SCOTUS decision in the Pom Wonderful case could have serious repercussions in terms of deceptive labeling litigation under the Lanham Act. Even Justice Kennedy was misled! [Huffington Post]
* Dewey know when to WARN people? This failed firm apparently didn’t, and now it has to pay a $4.5 million class-action settlement to the employees it laid off without adequate notice. [WSJ Law Blog]
* After getting bumped out of the Am Law 100 after a 17-year run, Shook Hardy & Bacon is letting go of three floors of office space it “no longer needs.” Secretaries Paper takes up a lot of room! [Am Law Daily]
* Minutes after this career criminal was released from jail due to his accidental acquittal, he was stabbed to death with a steak knife. But for the jury’s crazy mistake, he would still be alive. Yikes. [Fresno Bee]
* LMU’s Duncan Law, perhaps better known as the little law school that couldn’t, is still trying to get ABA accreditation. At least this time they’ll be able to use law schools’ national decline as a scapegoat. [WBIR]
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: firstname.lastname@example.org.
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!