Kids

* Randy Levine, president of the New York Yankees, has left Akin Gump’s dugout. He hopes to hit it out of the park and slide into his new home at Jackson Lewis. Please, no more baseball references. :( [Am Law Daily]

* Thanks to Virginia, the electric chair may be making a comeback when drugs for lethal injection aren’t available. OMG, that’s so freakin’ lame. Bring back the breaking wheel or death by disembowelment. [Gawker]

* A lawyer won’t have to pay an ex-law student $1M after making a hyperbolic challenge in a TV interview. Better luck reading the Leonard v. Pepsico case next time, pal. [Volokh Conspiracy / Washington Post]

* Protip: when you’ve been recommended for suspension for your “contemptuous attitude,” bragging that one of the judges who disciplined you thinks you’re “probably the best DUI lawyer” isn’t smart. [Santa Barbara Independent]

* If you watch The Walking Dead, you’ve probably wondered if all of the killing was legal — because you’re a lawyer, and you can’t enjoy anything anymore. Here’s your answer, from a UC Hastings Law prof. [GQ]

* If you’d like your chickens to live a life of luxury before you eat them and their eggs, then you’re going to love this law in California. If not, you can move to Missouri. See Elie squawk about it here. [ATL Redline]

* Ian Whittle, a recent George Mason Law grad, took a break from watching the saddest Super Bowl ever to save a little girl from drowning in a pond. Check out the news coverage, after the jump. [CBS 6 WTVR]

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Woody Allen

* Woody Allen’s lawyer, Elkan Abramowitz, responds to Dylan Farrow’s account of alleged sexual abuse at the hands of her famous father. [Gawker; Gothamist]

* Sound advice from Professor Glenn Reynolds on how not to increase applications to your law school. [Instapundit]

* What is a “nitro dump,” and will it provide information about who (or what) killed Philip Seymour Hoffman? [ATL Redline]

* “Is Elena Kagan a ‘paranoid libertarian?’ Judging by [Cass] Sunstein’s definition, the answer is yes.” [Reason via Althouse]

* A petition of possible interest to debt-laden law school graduates: “Increase the student loan interest deduction from $2,500 to the interest actually paid.” [WhiteHouse.gov]

* Vivia Chen wonders: Is Amy Chua, co-author of The Triple Package (affiliate link), being attacked as racist in a way that it itself racist? [Time]

* Yikes — journalists around the country have been receiving “a flurry of subpoenas in recent months,” according to Jeff Kosseff of Covington & Burling. [InsideTechMedia]

* Congratulations to Orrick’s 15 new partners — an impressively diverse group, from a wide range of practice areas and from offices around the world. [Orrick Herrington & Sutcliffe]

Neither of my parents are lawyers, so I’ve never fully grasped what it must have been like to grow up in an abattoir of legalese. But many people are reared by the partnership of Mom & Dad. I’ve known several such kids to come out the other side becoming lawyers themselves. And many more who worked hard to figure out the lifeplan furthest removed from lawyering.

But what makes a dual-legal upbringing unique?

Perhaps it’s forcing a child to sign an affidavit to secure payment from the tooth fairy…

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Thomas “Haller” Jackson IV

Imagine this. You graduate from law school with a 4.0, the first person in your school’s history to do so. While in law school, you serve as editor-in-chief of the law review, win the moot court competition, and get a Ph.D.

You clerk for a federal appellate judge, followed by another circuit judge — this time a prominent feeder judge to the U.S. Supreme Court. You work as an associate at an elite law firm in a major city. You then return to your hometown and clerk for not one but two federal district court judges, to round out your already amazing résumé with some time in the trial court trenches.

And then you… get a Supreme Court clerkship? Or get charged with attempted aggravated rape and solicitation of a young child….

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Ted Olson’s hourly rate.

* While we’re celebrating recently anointed Biglaw partner classes, let’s take a minute to call out the firms that haven’t bestowed the honor upon a single woman this year. Cheers, jerks. [Am Law Daily]

* The results of the NLJ’s Law Firm Billing Survey are out, and lo and behold, one of the top partners in the country is pushing $2,000 an hour for his services. Congrats, Ted! [National Law Journal (sub. req.)]

* Everyone’s buzzing about the federal law clerk who’s been accused of attempted aggravated rape and solicitation of a minor under 13. Don’t let that legendary 4.0 GPA go to waste. [Times-Picayune]

* Congratulations to Gerchen Keller Capital, the litigation finance firm founded by former SCOTUS clerks and hedge-fund alumni, on raising $260 million for its new fund. [DealBook / New York Times]

* Iowa is thinking about allowing law grads to practice ASAP instead of having to pass a bar exam. Paired with its recent tuition cuts, the Hawkeye State is looking better and better. [Des Moines Register]

* If you’re in the unfortunate situation of still having to look for a law job once OCI has ended, then you might want to start considering applying for some of the other law jobs that don’t want you. [Mashable]

* The incarceration of a blogger known for making salacious allegations against federal judges raises First Amendment concerns. [New York Times]

‘This is a story about shoes. International shoes!’

Young lawyers are getting a bad rap these days. They’re inexperienced, and no one wants to pay them for their work. That’s why they’re all clambering over each other to get a clerkship after graduation — state, federal, really any clerkship will do. The prestigious résumé line alone is enough to overshadow the fact that they don’t really know how to do anything. But sometimes, after all of that effort, judges would rather use young lawyers as babysitters than as law clerks. After all, isn’t that what they’re best qualified for?

No, it’s not, and one judge just got publicly humiliated after the state Commission on Judicial Conduct found out that she was using all of her staff members, including her law clerks, to do all sorts of personal errands, like babysitting her kid in chambers during business hours…

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Recently, the Kentucky Supreme Court rejected a registered sex offender’s application to sit for the Kentucky bar exam. Guy Padraic Hamilton-Smith pled guilty in 2007 to a single charge involving the “possessing or viewing of matter portraying a sexual performance by a minor.” He received a five-year suspended sentence but was ordered to register as a sex offender for the following twenty years. Hamilton-Smith graduated from the University of Kentucky College of Law in 2011. Since graduating, he has been working in a non-lawyer position for the Lexington firm of Baldani, Rowland, and Richardson.

The Kentucky Office of Bar Admissions denied Hamilton-Smith’s application to sit for the bar exam, citing character and fitness concerns. The Office also asked the Kentucky Supreme Court to create a rule that would have kept all registered sex offenders from joining the state’s bar, but the court opted against that suggestion. Instead, the court wants the Office of Bar Admissions to consider bar applicants with sex-offender registration on a case-by-case basis.

What were the particular circumstances in Hamilton-Smith’s case that led the Kentucky Supreme Court to deny his application, despite not creating a blanket rule? Was it the right outcome?

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Ed. note: Please welcome our newest columnist, Gaston Kroub of Kroub, Silbersher & Kolmykov PLLC, an intellectual property litigation boutique here in New York. He’s writing about leaving a Biglaw partnership to start his own firm.

For some reason, while in Biglaw I always seemed to find myself working late in the office on Christmas Eve. Whether it was getting deposition notices out, or making sure that a brief would be ready for filing right after the turn of the year, there were always more billable hours to crank out (even in those years when I had already made it into the next bonus category as an associate, and was not one of those people volunteering for an end-of-year document review in order to make my hours). Particularly as an associate, the end-of-year was usually a peaceful time, as partners left for their year-end vacations, and normally compressed litigation schedules slackened a bit.

In many ways, Christmas Eve was always one of the most peaceful days of the year in Biglaw. For starters, many of the attorneys and a good percentage of the staff were usually out. And those who showed up for work started to trickle out immediately after lunchtime, with a mass exodus around the time of office closing, usually around 3 p.m. I always enjoyed the four or five hours afterwards immensely, where the normal hustle and bustle of the office got replaced by a more serene atmosphere. I was never one to stay in the office unnecessarily, so when I would finish whatever needed to get done, I too would leave. But there was usually at least one project that needed seeing through, and Christmas Eve afforded the luxury of focusing on getting one thing wrapped up without the usual workplace distractions….

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Edward De Sear

A story that we thought couldn’t get uglier just did. Edward De Sear, a former partner at several top law firms who stood accused of child pornography distribution, pleaded guilty to four counts of distribution of child pornography and to sex trafficking of a child.

One could argue that federal sentences for mere possession or even distribution of child pornography are too high. As noted in a 2012 article in USA Today, in some cases “offenders who possess and distribute child pornography can go to prison for longer than those who actually rape or sexually abuse a child.”

But if you possess child pornography, distribute child pornography, and sexually abuse children in real life, you deserve to go away for a very long time. What kind of sentence did Edward De Sear receive?

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Keith Lee

Ed. note: Please welcome Keith Lee of Associate’s Mind, one of our new columnists covering the world of small law firms.

Being in a small firm has repercussions on your existing activities and relationships. Going out, hobbies, spending time with friends and family and the like are often going to have to take a back seat to maintaining your practice. You simply won’t have the time for people that you had in the past. If you aren’t careful, this shift in priorities can cause resentment and ill will.

And despite lawyers complaining that they feel as though they can’t start families, I would imagine that most people do desire to start families or already have a family. Is it hard to balance time spent with family and friends while maintaining and growing a practice? Absolutely. Are you going to be able to have some vague, idyllic “work/life balance”? Nope. But can you have a family and be a lawyer? Of course; it’s ridiculous to suggest otherwise.

It comes with some caveats and difficulties, but it can be done. It’s important that the people in your life understand these difficulties — and it begins with managing expectations….

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