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…
Suing a school for giving you bad grades seems ludicrous. On the other hand, there’s something respectable about filing a 60-paragraph complaint in response to a law school telling you that you’ve failed Legal Writing and Civil Procedure. It’s kind of meta when you think about it.
The crux of the story is that a the law school demanded that a 3L retake CivPro II: Electric Boogaloo because he got a D the first time around. This interfered with his plans for his 3L year, so he decided to take them to court. In the process, every complaint he has about the school worked its way into the filing.
After successfully challenging a $50 ticket, attorney Leonard Kohen was feeling pretty good. The Administrative Law Judge hearing the case had agreed that the ticket — for running in a park after dark in February — was flimsy, and the New York City Parks & Recreation Department had to give up the ghost of collecting that $50 fine.
But no one screws over New York’s ersatz Leslie Knope and gets away with it.
New York City is appealing the ticket because there is absolutely nothing more important to spend time and money on than pursuing $50 tickets.
We have a copy of what passes for the appellate brief….
Attorney John Steele is currently suing approximately 20,000 Internet users.
The rather long list of “People Most Hated By The Internet” — that guy who sued The Oatmeal, RIAA, Hunter Moore, Julia Allison, Violentacrez… — would be incomplete were it not to include John Steele. Steele is a lawyer who has partnered with the pornography industry to go after “pirates” who download their XXX films without paying for them. He has filed over 350 of these suits, and says he is currently suing approximately 20,000 people.
The tactic is similar to the one employed by the recording industry years ago to sue people who were amassing huge music libraries through peer-to-peer sharing rather than buying CDs. But where RIAA wanted to scare people out of illegal downloads by getting massive, scary judgments in highly publicized cases against individual Napster users, Steele and the lawyers like him are content to get relatively small settlements from individuals who pay up quietly to avoid being linked by name in public court filings for allegedly watching a film such as Illegal A** 2….
But not all personal injury firms are created equal. For the Law Firm of Gary, Williams, Lewis, and Watson, P.I., “low-budget” is a concept that just doesn’t exist. To the contrary, the firm wants to make it clear just how baller the life of a private injury attorney can be.
Dubbing himself “The Giant Killer,” the firm’s larger-than-life head partner, Willie E. Gary, never misses an opportunity to make his wealth and success known. Touting hundred-million-dollar verdicts and rubbing elbows with celebrities, Gary is on a one-man mission to prove that chasing ambulances is much easier when you’re driving a Bentley….
Aww... does your head hurt? Maybe you'd feel better if you DID YOUR FREAKING JOB!
This has been one hell of a day for ridiculous lawsuits. We’ve already dealt with Octomoms turned strippers and thick girls who want to go to law school. Now we’ve got an office worker who claims that the pressure of her job led to her heart condition.
Accountant Tammy Armstrong is claiming wrongful termination and intentional infliction of emotional distress because her employer asked her to do a lot of work. She also wants to be paid overtime because her employer had the audacity to claim her as a salaried worker and then paid her a salary.
Basically, if she wins, then every single junior office worker in law or finance should be able to sue their employers. Which makes me think she’s not going to win…
UPDATE (12/17/2013, 3 p.m.): Please note that the claims made by the tribe in its lawsuit have been dismissed.
Ever since white people arrived on this continent, we have been no end of trouble for Native Americans. You would think that after a certain point, Caucasians would give them a break. You know, after basically destroying their entire race and civilization.
But no, whitey still can’t even leave Native Americans alone to their casinos and endemic alcoholism. Which brings us to today’s Lawyers of the Day.
Which attorneys are being accused by a Florida tribe of a “secret and sophisticated scheme” to get rich off exorbitant and extraneous legal fees?
Belvedere Vodka is still suffering a hangover from the rapey ad it broadcast on its Twitter and Facebook feeds last month. Alicyn Packard, the terrified-looking woman who refuses in the ad to “go down smoothly” on an obliviously-happy bro, has filed a lawsuit in L.A. Superior Court against Belvedere parent company Moet Hennessy USA, reports KTLA. She claims emotional distress after the company used her image without her consent in “an ad that’s so offensive to so many.” (And yet so funny to so many others.)
The ad was up on Twitter and Facebook for only an hour before someone came to his or her (let’s be honest, it was probably “his”) senses and deleted it. But as with heavy drinking, it only takes an hour to make an embarrassing spectacle of yourself….
When I was a kid, my father leaned across the dinner table and whispered to me, “Never ask a woman’s age or weight.” He then stole a glance at my mother, who was busy shoveling mashed potatoes into her maw, and sighed. I could never tell whether my dad was trying to offer the wisdom of the ages or making a statement about the tyranny of manners, the clichés they birth, and the way in which politeness can imprison a good man in a loveless relationship that inevitably leads to you watching your 400-pound wife shovel potatoes back like she was auditioning for The Biggest Loser.
And so it was that the Internet Movie Database, aka IMDb, found itself under attack for revealing an actress’s age and “real Asian name.” Kash detailed the charges last October. A few weeks ago, we noted that the woman would have to put up (her name) or shut up (legally speaking).
Well, I don’t want to waste any more of your precious time. The grand reveal is finally here.
After the jump, pictures of an attractive Asian woman….
I’m not sure it’s fair to call the Vatican “homophobic.” Homophobia contemplates a kind of fear. It’s a prejudice that, like so many, comes out of ignorance.
The Vatican is different. They think they’re at war with gays and lesbians — and who knows how many of these guys are at war with their own sexuality. And as opposed to a mere lack of understanding, there’s that annoying, Vatican-style, moral omnipotence that makes them feel they know exactly where gays and lesbians are going to end up. The Vatican isn’t homophobic so much as it’s homo-hating.
Given all that, I can’t say that I’m surprised that the Vatican is suing over a photoshopped picture of Pope Benedict XVI open-mouthed kissing another man. I’m sure surprised that the Unhate Foundation and an Italian fashion company had the stones to put the picture in an ad campaign all around Italy….
Ms. JD is hosting their 2nd annual cocktail benefit to raise money for the Global Education Fund. The event will be held on August 21, 2014 at 111 Minna in San Francisco. Our goal is to raise $20,000 to fund the legal educations of four dedicated law students in Uganda who count on our support to continue their studies at Makerere University during the 2014-15 academic year.
The Global Education Fund enable womens in developing countries to pursue legal educations who otherwise would not have access to further education. According to the World Bank, investment in education for girls has one of the highest rates of return to promote development. In Uganda, more than 45% of women over the age of 25 have no schooling at all, and men are more than twice as likely as women to have access to higher education. Together, we can work to end educational inequality. For more information about the program, please visit http://ms-jd.org/programs/global-education-fund/
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.
We at Kinney Asia have made a number of FCPA / White Collar US associate placements in Hong Kong / China thus far in 2014. Most of such placements have been commercial litigation associates from major US markets, fluent in Mandarin, switching to FCPA / White Collar litigation. Some have already had FCPA experience, but those are difficult candidates for firms to find (this will change in coming years as US firms are now promoting FCPA / White Collar to their 2L summers who are fluent in Mandarin and have an interest in transferring to China at some point).
Legal Week quoted Kinney’s Head of Asia, Evan Jowers, extensively in the following relevant article here.
There is a new trend in the market, though, where mid-level transactional US associates, fluent in spoken Mandarin and written Chinese, are interviewing for and in some cases landing junior FCPA / White Collar spots in Hong Kong / China at very top tier US firms.
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.