Have you ever made a typo? Have you ever misspelled something in a written document? Have you ever made a factual error? Chances are, if you are white and you made a mistake, the person reading it didn’t notice. Or if they noticed, they made an excuse for you. Don’t worry white folks, minor clerical errors won’t detract from your overall appearance of intelligence and competence.
But if you’re black, prepare to feel like an idiot. A new study shows that when law firm partners read identical memos, the partners who believed the author was white were much more forgiving than the partners who thought the author was black.
Hang on, I need to email this study to David Lat, Bryan Garner, my mom, Matt Levine, and Partner Emeritus, from my fake, white-person, @post.harvard.edu account, so they take it seriously….
On Tuesday, the D.C. Circuit benchslapped a gaggle of lawyers for filing briefs with excessive acronyms. The court’s per curiam order directed the parties to “submit briefs that eliminate uncommon acronyms used in their previously filed final briefs.”
Alas, attempts to comply with this order have raised a new problem — a problem that some readers saw a mile away….
Are you out of work and unable to get even the document review companies to look your way? Did you graduate from a lower-ranked law school and want the opportunity to prove you could have played with the big kids at a T14 school? Or maybe you just always thought elite law schools should work more like football teams in the South. Well, you’re in luck, because a T14 1L has taken to Craigslist seeking an experienced attorney (or at least a 2L/3L) to go ahead and tackle his or her homework assignment.
Once again, Craigslist found a way to lower the bar on the outlook for the legal market.
Go ahead and keep reading if you want to know where to send in your résumé. We won’t judge…
The defendants’ appeal brief is a gaunt, pathetic document (there is no reply brief). Minus formal matter, it is only eight and a half pages long. Brevity is the soul of wit, and all that, but still: the first seven and a half pages are simply a recitation of the history of the Georgia lawsuit, the settlement negotiations, and the present suit, along with questionable and irrelevant facts; and the tiny argument section of the brief — 118 words, including citations — states merely, without detail or elaboration, that the defendants do not possess the settlement funds and therefore can’t restore them.
That’s the only conclusion you can reach after reading the court’s new guide to typography. The federal rules say remarkably little about typeface, and the Seventh Circuit was having none of that vagueness. But instead of making a simple, concrete rule to guarantee that lawyers submit something that won’t make the judges — or their clerks — bleed profusely from the eyes, they churned out seven pages of pedantically detailed instructions. They even explain the difference between 12-point and 14-point fonts using many more words than “the second one is bigger.” Apparently the Seventh Circuit cares more about encouraging clean typefaces than efficient writing.
If you’re practicing in the Seventh Circuit, you need to read this curmudgeonly tract — and if you’re not, you can just giggle….
“Playing Lecture Bingo gets 20 minutes in the corner”
The actual practice of law is much more rigorous than law school. Law school is basically college with lucrative summer jobs and crippling debt. Drinking every day, last-minute cramming, and generally winging it on exams are not out of place. That said, continuing the college-honed approach to my class work in no way conflicted with my understanding of proper professional behavior. I could slap together a paper for “Law and Super Mario Bros.” or whatever seminar I was in and immediately shift gears to drafting well-researched and meticulously prepared memos for partners for my summer gig.
So while ATL is on record as a proponent of encouraging law schools to offer more concrete professional training, it’s not necessary to make class run like a day in the office of the worst partner or in the courtroom of a judicial diva.
That’s why, even though justified as an effort to train students to succeed in the persnickety world of trial practice, we really don’t need this professor’s three-and-a-half pages of single-spaced rules drenched in condescension….
Everyone is familiar with the saying that you only get one chance to make a first impression. We size people up at a glance. People like to think that they take time to adequately weigh decisions, but in reality we often rely on “thin-slicing,” as popularized by Malcolm Gladwell in Blink (affiliate link):
“Thin-slicing refers to the ability of our unconscious mind to find patterns in situations and behavior based on very narrow slices of experience. The unconscious works by sifting through the situation in front of you, parsing out irrelevant data and homing in on what really matters.”
What this means is that we are constantly making micro-decisions at a subconscious level about the world around us all the time. Now, that doesn’t mean we are always making good decisions or judgments, but we are making them. Which is why lawyers need to care about how they appear — in person and in print.
And from a filed Answer in a lawsuit that a reader sent me, it’s a lesson that one lawyer needs to learn….
* President Obama won’t “just sit idly by” as his D.C. Circuit nominees are picked off one by one by Senate Republicans. No, instead he’s going to have his White House Counsel give interviews for him. [National Law Journal]
* Today is the 150th anniversary President Abraham Lincoln’s Gettysburg Address. If you’d like, you can watch a live stream of an event celebrating the occasion here at 12 p.m. EST today. [Constitution Accountability Center]
* The Second Circuit slapped down a few requests yesterday, the most notable of which being Argentina’s bid for a full rehearing and Raj Rajaratnam’s plea for a review of his conviction. [Bloomberg; Bloomberg]
* You don’t know what you got till it’s gone: Weil Gotshal is welcoming back a former finance partner after a seven-year stint at Norton Rose Fulbright to fill out its emptied Dallas office. [Law 360 (sub. req.)]
* Dewey know when the axe man commeth for those who refused to join the failed firm’s $70 million partner contribution plan? Right now. Will Marcoux is the first to face off against Alan Jacobs. [Am Law Daily]
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 six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.