If there’s one thing I’m going to defend, it’s the right of American children to go out and die or injure themselves in whatever way seems best to them. Whether we’re talking about alcoholic energy drinks, or dangerous playground equipment, I’m not a fan of trying to legislate away childhood behavior. You shouldn’t sell kids a bag of glass, but we have fairly robust tort and consumer protection laws to weed that kind of stuff out.
Certainly, at the point when a child — or God forbid an adult — comes upon a giant roller coaster that does loops at 90 mph and says, “Oh, yeah, that looks perfectly safe,” I’m not sure what kind of “regulation” we’re supposed to be going for. If it crashes, you’ve got a tort action. If it doesn’t, you can thank whatever God you pray to and maybe next time take your ass to the bumper cars.
That stance puts me on the opposite of the newly elected junior Senator from Massachusetts, Ed Markey…
For all of the unnecessary pomp and circumstance associated with the British monarchy, we sure are obsessed with it in America. Perhaps it’s because their gorgeous young royals are great at generating headlines, whether reputable or repugnant. First, there was the royal wedding of Prince William and Catherine Middleton, an eleventy-billion-hour extravaganza of elegance that our eyes were glued to for what seemed like all eternity. The family quickly dropped nobility’s veil, and just one year later, Prince Harry’s crown jewels and Duchess Catherine’s breasts were put on display in gossip rags for all the world to see. After recovering from tabloid infamy, we are now eagerly awaiting the birth of the royal baby, which is a very, very big deal.
The young royal couple does not yet know the sex of their child, and Duchess Catherine, who wanted to have a natural birth, has been in labor for more than 11 hours. At this point, she’s likely desperate to greet His or Her Royal Highness. Typically, British royalty would be crossing their fingers for a male heir to the throne, but thanks to the Succession to the Crown Act, all of that is going to change…
“What I said was terrible, mean and downright stupid…. I wasn’t trying to scare anyone, I was trying to be witty and sarcastic. I failed and I was arrested.”
– Justin Carter, in a letter to District Judge Jack Robison
On February 14, in New Braunfels, Texas, Justin Carter was arrested on terroristic threat charges. Carter, then age 18, had been posting on a Facebook page for the game League of Legends. When a friend called Carter crazy, Carter allegedly volleyed back that, yeah, he was messed up in the head and that he was going to “shoot up a kindergarten, watch the blood rain down and eat the beating heart out of one of them.” A Canadian woman who viewed the comment reported Carter to law enforcement officials.
Carter’s father insists that his son immediately followed his first Facebook comment with “LOL” and “JK,” clear indications that Carter was . . . laughing out loud and joking when he wrote. Lest you think that explicitly stating that you are joking is enough to insulate your comments from criminal liability, Justin Carter was arrested, then charged by the Comal County Criminal District Attorney. In Comal County, txtspk cannot save you….
I feel the last time we talked about a family court proceeding, it was horrible. Magistrate Patricia Doninger was caught on camera ignoring the pleas of a woman who was sexually assaulted by one of her court marshals.
It appears that Doninger has finally been relieved of her duties. With that out of the way, maybe we should focus on people who take a little more pride and concern when adjudicating family disputes.
The ideal family court judge should have one primary concern, and that is what is best for the children. Today we have a judge who intrinsically understands that “going to Disneyland” is always what’s best for the children…
Day by day, law school applications continue to tumble. As of May 31, applicants were down 13.2 percent and applications were down 18.6 percent from last year. As we’ve mentioned previously, this is the third year in a row that there’s been a double-digit percentage drop like this. Welcome to the reckoning.
Law schools are understandably scared by the precipitous drops in applications. While some are handing out admissions offers like candy, others are exploding scholarship offers to entice prospective students to join their ranks. Still others have been forced to think outside the box to come up with innovative ways to fill their incoming classes.
Have you heard of the “Just Diapers to Juris Doctors” program yet? We’ve got to hand it to this school, because it’ll be at least two decades before this new admissions program turns into “Just Debt”….
* AG Eric Holder sat down and had a little chat about what’s been going on at the Justice Department. He’s not impressed with his agency’s work, but he claims he’s not stepping down just yet. [NBC News]
* “Can you hear me now?” Oh, Verizon, what an apropos slogan you’ve got considering the latest government scandal. The NSA has been spying on you through your phone records since late April. [Guardian]
* Lawyers for Matthew Martoma still want more time to comb through millions upon millions of documents in their client’s insider trading case, but it seems rather pointless after a judge’s kiss of death. [Reuters]
* Looks like she got her wish: thanks to Judge Michael Baylson, a little girl with terminal cystic fibrosis may have a better chance at getting a longer lease on life in this donor lung transplant case. [CNN]
* Being a politician didn’t really work out so well for him, so John Edwards is going to try his hand at being a lawyer again. Just think of all of the lovely ladies he’ll be able to pick up as clients. [USA Today]
* Speaking of former public servants who are getting back into the law, Ken Salazar will be opening the Denver office of WilmerHale — and when it comes to pay, he’s got a “very good package.” [Denver Post]
* And not to be forgotten, famous flip-flopper Joe Lieberman will be taking his services to Kasowitz Benson. We certainly hope the firm will appreciate his superior legal mind. [WSJ Law Blog (sub. req.)]
* The ABA is considering law school job data collection 10 months after graduation, instead of nine, because bar exam results come out so late. Like that extra month will help… [National Law Journal]
* Erika Harold, a Harvard Law grad and ex-Sidley associate known for her reign as Miss America, is running for Congress in Illinois. What will she she do for the talent portion of the competition? [Politico]
Whenever we talk about the difficulty of being a woman in Biglaw, some guy (it’s almost always “some guy”) makes an unenlightened comment about how women “get” to leave early and go take care of domestic responsibilities while men “have to” stay and do work. People talk about how women will pump out children and have to take care of them while men will miss baseball games to service the client.
The obvious issue with work/life balance for women who are gunning for partner is that there are some weak-ass husbands out there. Men who want to make partner often have wives or partners at home who are happy to take care of the home front. Women who want to make partner are often on their own; their husbands have their own careers to focus on. Even if they marry men with “non-traditional” careers, few husbands want to be known as “just a house husband.”
But maybe career women don’t want house husbands? A new study suggests that a significant minority of women don’t want to work to support a man….
Pop quiz, hotshot. A federal judge issues an order to show cause that you should be “sanctioned for repeated failure to prosecute cases” and “barred from practicing in this District.” What do you do? What do you do?
The correct answer begins with “responding,” obviously. And when you’re in trouble over “failure to prosecute,” maybe that should light a fire under you to respond thoroughly and on time.
Yeah… this guy didn’t. Instead he provided a detailed, if legally irrelevant, explanation of how he was just too busy to worry about responding on time. Think of this as “Prelude to a Benchslap”…
Time for a break from the bad news. There is no fun in checking ATL and seeing layoff news on a daily basis. Even though that sort of action is likely to continue, as firms finally come to grips with what sophisticated clients are willing to pay for. Which is basically partner time, with allowances for some associate and paralegal time on occasion. In the good years when clients were gorging on legal services as if sitting at a ten-course chef’s dinner, partner time was the indulgent dessert. Now clients are eating at the local diner, and partner time is the eggs and sausage $4.99 main course. You hope the customer is willing to pay for a cup of coffee too, and get kind of worried that the diner across the highway is giving away the coffee for free. Because they are, and their glop tastes just as wonderful as your glop.
Vacations and Biglaw have an interesting relationship. For partners, late August and the end of the year were usually guaranteed time off, barring a trial or a deal in progress. For associates, it was a different story….
Every now and again, attorneys email into Dear Prudence over on Slate and ask the columnist for advice. Then we here at Above the Law read that advice and offer our own, unsolicited versions. It’s fun. It’s like being a know-it-all at a beer garden when somebody mutters “I’ll have a Sam’s” when there’s Goose Island right there on tap.
Today, we have an embarrassment of riches; two attorneys have appeared in recent Dear Prudence columns. They sound entitled and confused, suspicious but trusting, fun for the whole family…
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!