Litigation

Litigators can fall victim to their own imaginations. It’s really built into the system when they’re encouraged to write their exhaustive wishlists during discovery and fill their own dreams with visions of terabytes of entirely incriminating evidence. When discovery inevitably fails to live up to those dreams, litigators have to make a decision between accepting disappointment or accusing the other side of wrongdoing for failing to fulfill those sugarplum visions. Litigators are basically Captain Hindsight, constantly shocked — SHOCKED — that no one understood years ago how important something would be to a case today.

Kirkland & Ellis chose the latter, writing counsel for a non-party — yes, a non-party — suggesting that he was withholding evidence because he hadn’t kept every single email they thought he might have from four years — yep, four years — earlier.

And then this guy’s lawyer went brutally funny on them….

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I didn’t know what Prezi was at the beginning of the year. I first heard about it at LegalTech New York in February. Since then, I’ve seen it all over the place and heard of lawyers using it in trial. I have since used it a couple of times, so I am going to explain the benefits and the drawbacks and how to use it effectively.

What Is Prezi?

When you start a Prezi presentation, you begin with a big blank slate. You place pictures and text boxes on your blank slate and pan and zoom into them. Instead of going from slide to slide, you pan from focal point to focal point on your big canvas. The cool part about it is the zooming. You can zoom way into something. So, say you are doing a case about blood clotting and you want to show what it looks like on a cellular level, you would do it like this:

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The ceiling of a Columbia dorm room collapsed on a student, giving her a herniated disk and persistent headaches. She claims the back injury compromised her ability to get a decent night’s sleep and forced her to take muscle relaxants to deal with the pain.

Now the newly minted lawyer is suing the school over her injuries, and the school’s lawyer is suggesting that the victim can’t really have this back injury because she kept getting good grades.

Brilliant legal strategy!

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“Hey litigators, I’ve got a great tool for you. It runs none of the programs from your desktop computer, has no usb port, does not have a lot of memory, has no expandable memory, but grandparents find them very easy to use. Trust me, it will be so great that people will not stop talking about its great greatness and suitability for the practice of law.”

– All the lawyers with technology blogs.

When people find out that I spend a lot of time incorporating technology into my practice, they almost always ask me, “Oh, what kind of iPad do you have?” I don’t have an iPad. I don’t use them for the same reason that I don’t take a pogo stick to work – because I prefer things that are not severely limited….

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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: asia@kinneyrecruiting.com.

Our advice to any Mandarin speaking 2L summer associate who is interested in a future transfer or lateral US associate move to Hong Kong / China: It’s not just about corporate and other transactional practices any more. If you are more interested in litigation than transactional, don’t hesitate to choose litigation or a litigation-related practice area. There is a sharply growing need at top US firms in Hong Kong / China for laterals and transfers in US litigation (mostly FCPA / White Collar work), Anti-Trust, and Disputes / Arbitration. This is not just a trend, it’s a permanent change on the landscape. We find it exciting that Mandarin speaking JDs now have more options to choose from in positioning themselves for a future Hong Kong / China move. Feel free to contact us at asia@kinneyrecruiting.com if you are a summer associate interested in Asia and have any questions about choosing a practice. It can be one of the biggest decisions you make in your career and yet one usually made without much analysis. Also, feel free to contact us if you are an associate interested in joining an FCPA / White Collar practice or Disputes practice in Asia. We have made numerous such placements in the past few years and a number of our candidates are interviewing for FCPA / White Collar positions at present in Asia.

Check out this relevant recent Legal Week article by Elizabeth Broomhall, where Kinney Recruiting’s Evan Jowers is quoted several times: Courting Eastern promise – the drive by international firms to recruit more disputes lawyers in Asia.

Isn’t discovery fun?

You sometimes hear Biglaw litigators complain about courts not publishing enough opinions about discovery issues. Discovery (especially e-discovery) is such a major — and majorly expensive — part of the complex litigation in which large firms specialize, but there aren’t that many decisions on the books over such nuts-and-bolts issues as responsiveness, privilege, and work-product doctrines.

So it’s noteworthy that the Massachusetts Appeals Court just issued an opinion featuring extended discussion of the work-product doctrine. Some Boston Biglaw litigators will surely welcome the additional guidance on this subject.

But not all of Boston Biglaw will be pleased by this decision. Certainly not the major firm that could wind up getting hit with sanctions as a result….

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Think you can write? Do these four things.

First, pull out the last brief that you wrote.

Not that one — that’s the final version, edited by guys who could write. We’re looking for your work, untouched by others. Find the unedited draft that you first circulated. (If you don’t have a draft brief handy, that’s okay. Find the last long email that you sent to someone who matters — to the partner, the client, the general counsel, or the CEO.)

Second, click through this link, which will tell you how to enable Microsoft Word’s “readability” feature on your computer. Enable that feature.

Third, let the readability feature score your work.

Finally, take a handkerchief and wipe the spit out of your eye. (I bet you didn’t realize that a computer could spit in your eye.)

You didn’t notice the spit? Here it comes: Compare your readability score to the average readability score for the works of bestselling authors. . . .

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Petitioner’s brief, unfortunately, was laden with obscure acronyms notwithstanding the admonitions in our handbook (and on our website) to avoid uncommon acronyms. Since the brief was signed by a faculty member at Columbia Law School, that was rather dismaying both because of ignorance of our standards and because the practice constitutes lousy brief writing.

– Judge Laurence Silberman of the D.C. Circuit, condemning a brief for an abundance of acronyms.

(More information — including the identity of the offending professor, and the full opinion — after the jump.)

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It’s great to be an in-house lawyer these days. The jobs enjoy greater prestige than they did in the past. Depending on which company you work for, the compensation can outstrip Biglaw, big time.

And let’s not forget: the work can be very, very interesting. For example, imagine being the general counsel or another in-house lawyer at Apple — a company involved in two of the most high-profile litigation battles currently raging….

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Ed. note: This is the latest post by Anonymous Recruitment Director, who offers an insider’s perspective on the world of law firm hiring.

Today I continue to address some of the questions that I have received from you by email. Once again, I note that these are simply my personal views on the questions presented.

Current Associates

1. How do law firms assess job moves on a résumé, particularly when the moves were dictated by life circumstances (such as the need to follow a spouse into a secondary legal market)?

There is an unspoken belief amongst many recruitment professionals that a candidate who has moved around too often is a problematic candidate.  Whether this is true or not, recruitment professionals view a fifth-year candidate who has already been at three firms as easily discontented. The thought then becomes — why would this candidate be happy at our firm? How are we any different than his or her previous employers? While candidates are often able to explain their moves (e.g., personal circumstances), recruiters then question the depth of experience that a candidate has had to date. Is a candidate who has stayed at one firm for five years more experienced that a fifth-year associate who has moved firms three times?  In my experience, employers always favor the former candidate. Partners like loyalty and depth of experience, be it actual or perceived.

2. How long after graduation should an associate remain at a less than ideal job in a secondary market before submitting a résumé to a Biglaw firm in a more desirable location, such as New York or Chicago?

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