Litigation

Inside Straight: Is Our Lawyer Aggressive Enough?

By

Why do so many people think that you must be a blowhard to be an effective litigator?

I’ve recently heard several tales of business folks (or in-house lawyers) worrying that outside counsel is not aggressive enough. What prompts the concern is the lawyer’s performance during a conference call or at a meeting: The lawyer is civilized. The lawyer speaks quietly, asks probing questions, gives intelligent advice, and appears to be an effective advocate.

After the meeting, one of the participants says: “Are you sure we should use that guy? He doesn’t seem very aggressive.”

Remarkably (at least to me), I’ve heard the same thing at law firms. I’ve heard transactional lawyers wonder about litigators who are calm and intelligent at the lunch table: “He’s such a nice guy. I’m not sure I’d trust him in court.”

What’s my reaction? On the one hand, we can’t ignore perceptions. If a lawyer is so low-key that he doesn’t inspire confidence, then that is a legitimate concern. If I don’t trust the lawyer who’ll represent me at trial to defend me during a vigorous cross-examination, then that’s a real issue; we shouldn’t hire that lawyer. Confidence matters.

On the other hand, if the concern is simply that the litigator is not a blowhard — the lawyer speaks quietly and intelligently during business meetings, where there’s no need for bluster — then I have a very different reaction. In fact, I have three reactions:

double red triangle arrows Continue reading “Inside Straight: Is Our Lawyer Aggressive Enough?”

24 Comments

Is Baker & McKenzie Closing in San Diego?

By

The mega-firm of Baker & McKenzie has a global footprint, with 70 offices in 42 countries. It’s one of the world’s largest law firms, in terms of both headcount and revenue.

But are Baker’s 70 offices about to become… 69? For weeks, reports have been circulating about the possible demise of the firm’s outpost in San Diego. As you may recall, this little office is home to big drama.

Let’s look at the latest news about Baker in San Diego….

double red triangle arrows Continue reading “Is Baker & McKenzie Closing in San Diego?”

12 Comments

Morning Docket: 02.08.12

By

* Extra frothy: Santorum’s trifecta of wins in Minnesota, Colorado, and Missouri has made Mitt Romney angry. Because even a guy who wins nonbinding primaries can be dangerous to a man’s campaign. [New York Times]

* Richard Holwell, the judge who presided over Rajabba the Hut’s case, will be resigning and starting a boutique firm with two partners jumping ship from Kasowitz Benson. [Thomson Reuters News & Insight]

* Joe Amendola claims that evidence is being withheld in his client’s case — evidence like the alleged victims’ phone numbers. Why does Sandusky need those? So he can call and breathe heavily into the phone? [Philadelpha Inquirer]

* Foxy Knoxy’s lawyer is appealing her slander conviction in Italy, claiming that the police “manipulated” her during questioning. You were already cleared of a murder charge, stop pushing your luck. [USA Today]

* It’s really too bad that Lindsay Lohan doesn’t employ Biglaw firms for all of her drama, because given what she’s spent on legal fees in recent years, those prized spring bonuses would assured. [Huffington Post]

1 Comment

Inside Straight: Institutionalizing Mediocrity

By

Here’s my thesis: We create rules to hedge against ineptitude, and we thus institutionalize mediocrity.

Here are the examples. First, someone — the Administrative Office of the Courts? God? — creates rules to hedge against incomprehensible judicial opinions, and we thus discourage judges from writing exceptional opinions.

When new federal appellate judges attend what is affectionately called “baby judges’ school,” the judges are told how to write opinions. An opinion should have five parts, the judges are told: An introduction (which does not have to be preceded by a separate heading); a statement of facts; the standard of review; the legal discussion; and a conclusion.

Do we impose these rules because every judicial idea is best expressed in this format? Of course not. These rules impose a basic organizational structure on decisions, so that even the worst appellate decisions will be marginally comprehensible. The rules hedge against ineptitude.

Most judges follow the rules, and society generally benefits; we understand most of what’s written. I suspect that many judges who would be capable of writing better opinions if they were not bound by the rules nonetheless choose to constrain themselves, opting to do as instructed. Society may suffer in those situations, because the opinions are not as well-crafted as they might otherwise be.

A few judges ignore the rules. Whatever your politics, for example, you probably agree that Judge Frank Easterbrook often writes great opinions; he regularly ignores the mandatory structure. (This isn’t a high crime or misdemeanor, so he’s safe.) We don’t complain when Judge Easterbrook strikes out on his own, because readers understand what he’s saying and often delight in how he expresses himself.

On the other hand, if Judge Nobody were to strike out on his own, the law might become a muddle. We try to control that judge by imposing a structure. Bureaucratic rules discourage greatness, but they hedge against ineptitude.

Here’s a second example:

double red triangle arrows Continue reading “Inside Straight: Institutionalizing Mediocrity”

16 Comments

Career Center: State of the Market – Florida

By

Lateral Link Director Scott Hodes gives his assessment on one of the nation’s hottest lateral markets in recent years.

Florida has continued to represent one of the most active states in the country in terms of hiring. 2011 saw a resurgence of positions in almost all areas, which is good news for 2012 and beyond.

Litigation positions represented an overwhelmingly large portion of the lateral market, with corporate positions making up the next largest group of lateral opportunities….

double red triangle arrows Continue reading “Career Center: State of the Market – Florida”

Inside Straight: A Requiem To Epiphanies

By

In the first lawsuit (during the proxy fight), the judge held that certain statements made in proxy materials were false and misleading. That lawsuit settled. In the next lawsuit (the 10b-5 class action), plaintiffs explain that precisely the same statements appeared in an annual report, and it is now settled law that those words are false and misleading. How do you avoid the devastating effect of collateral estoppel in the second case?

I solved that puzzle back in 1990. Now I’ve moved in-house, and I fear that I’ll never solve a similar puzzle again.

Have I lost my creativity? I don’t think so. Does my job still require creativity? Yes — but different kinds of creativity. This column is a requiem to a type of thinking that an in-house job — or, at a minimum, my in-house job — doesn’t seem to permit….

double red triangle arrows Continue reading “Inside Straight: A Requiem To Epiphanies”

16 Comments

The Clerkship Archipelago

By

Ed. note: This post is by Will Meyerhofer, a former Sullivan & Cromwell attorney turned psychotherapist. He holds degrees from Harvard, NYU Law, and The Hunter College School of Social Work, and he blogs at The People’s Therapist. His new book, Way Worse Than Being A Dentist, is available on Amazon, as is his previous book, Life is a Brief Opportunity for Joy (affiliate links).

It’s hard to conjure up bad stuff to say about clerking. It’s an honor, and an all-expense-paid ticket on an exclusive legal gravy train. If you’re lucky enough to clerk for a federal district or circuit court judge, you can rest assured you’re looking good and feeling good.

You might even shoot the moon and sing with the Supremes. In that case, you’re good to go: You’ll never have to practice actual law again. You can sign up now to teach a seminar on “Law and Interpretive Dance” at Yale or attend sumptuous international human rights conferences hosted by African dictators. Life is good at the top. Imagine the stimulation of interacting one-on-one with the mind of a Clarence Thomas (and acquiring access to his porn collection.) You could be the clerk who builds an ironclad case striking down universal access to healthcare — or witness the day Justice T opens his mouth to speak during oral argument….

double red triangle arrows Continue reading “The Clerkship Archipelago”

82 Comments

Career Center: State of the Market – Atlanta

By

This week, Lateral Link Director Scott Hodes gives us some insight into the increase in lateral hirings in the Empire State of the South.

Atlanta has emerged as one of the best lateral associate markets in the country. While 2009 was slow as in most markets, 2010 signaled a comeback, and 2011 confirmed the upward trend.

Corporate and litigation positions represented the largest amount of lateral openings, which is fairly typical in large markets. Corporate positions seemed to peak in the second and third quarters, while litigation was fairly steady throughout the year. There was also a huge boom in intellectual property positions, especially in the last three quarters, followed not too far behind by labor and employment, which remained steady throughout 2011….

double red triangle arrows Continue reading “Career Center: State of the Market – Atlanta”

Career Center: State of the Market – Texas (Part 2)

By

As mentioned previously, the next few State of the Market posts by Lateral Link, as compiled by Director Gary Cohen, will focus on one of the country’s largest states — Texas.

The strongest market in Texas is Houston, with some of the strongest candidates being those with corporate, capital markets, or finance experience. A close second is Dallas, which is also the focus of this post….

double red triangle arrows Continue reading “Career Center: State of the Market – Texas (Part 2)”

Career Center: State of the Market – Washington, D.C.

By

Last week, we discussed the end of the legal recession, and we made some predictions about 2012. Many of you were interested in more information on your specific market, so today, we’re launching a new Career Center series: “State of the Market.”

Over the coming weeks, we will discuss hiring prospects in major legal markets based on analysis by Lateral Link‘s recruiting team.

We start with our nation’s capitol, Washington, D.C….

double red triangle arrows Continue reading “Career Center: State of the Market – Washington, D.C.”

Page 10 of 181...67891011121314...18