There are certain legal skills of critical importance that receive the same level of attention as a mid-summer pilot for a sitcom not expected to make it to the fall slate. In fact, there is usually a disconnect, particularly in Biglaw, between what is “taught” and what lawyers really need to learn as they develop. A recent anniversary of sorts reminded me of an example. Let’s discuss the notably unglamorous, but often critically important, role of “second chair” at a hearing or trial.
For the uninitiated, the typical hierarchy on a litigation matter for lawyers is support (faceless associate research drones), team member (associate or higher who is “on the case” but may not even get to sit at counsel table), second chair (trusty lieutenant, perhaps content in the role, or perhaps gunning for more), and first chair (field marshal winning the war and the peace on behalf of a grateful if lighter-pocketed client.)
August is the anniversary of my first patent trial, well over a decade ago….
Litigators get away with a lot of obnoxious stuff during discovery. For better or worse, the pre-trial discovery phase of civil litigation is every lawyer’s opportunity to relive those times when parents leave kids alone for the first time: every slight, disagreement, and jealousy on a slow boil explodes into anarchic back-biting once there’s no authority figure around to enforce civility. Bring on the mean-spirited letters and smack-talking RFAs.
When it comes to depositions, it doesn’t always reach “fatboy” levels, but a federal deposition isn’t a deposition until someone threatens to call the magistrate — though never does.
Which is why this benchslap, where a federal judge levies a sanction straight out of elementary school, is so appropriate….
Let me start out with some harsh truth. When I talk about going paperless, it has almost nothing to do with the environment. There are maybe five lawyers in the whole country who really feel that their printing of exhibits is destroying Mother Gaia and are therefore motivated to go paperless.
For the rest of us, it is a matter of two things: (1) convenience, and (2) efficiency/billable hours. I know it’s weird to see efficiency and billable hours used in the same sentence without a negative in there somewhere, but if you have ever had three hours of time written off for looking all over the whole office for that one document that was dropped on the file clerk’s desk last week, you know what I’m talking about. Sometimes when you charge by the hour, it is good to work efficiently. So, I want to discuss whether it’s possible to go almost completely paperless and what steps we can take to get there.
Slotnick isn’t talking about injecting imagery into an opening statement or pounding on the witness box to punctuate an argument or adopting a dramatic whisper to attract the jury’s attention. Instead, Slotnick implores female lawyers to cast aside their bland Gray Lady and Black Widow personas and embrace the hot pink of Legally Blonde. Or as Helen Reddy might sing, women lawyers should go from I am Woman, Hear Me Bore to I am Woman, Hear Me Roar!
Slotnick has some colorful words for colorless dressers:
It has often been observed that litigation is war. The analogy is not perfect, but studying military strategy and tactics can prove fruitful for litigators. While many people often turn to Sun Tzu’s Art of War, for guidance in the applicability of military thought to modern business and litigation, I have a soft spot for von Clausewitz’s Vom Kriege (affiliate links).
Carl Philipp Gottfried von Clausewitz (July 1, 1780 – November 16, 1831) was a Prussian soldier and military theorist who stressed the “moral” (in modern terms, psychological) and political aspects of war. His most notable work, Vom Kriege (On War), was unfinished at his death.
While all of Vom Kriege is worth your time, I wanted to highlight one passage in particular…
Dropbox is one of my favorite programs. It certainly changed the way we share files and collaborate on cases. Another one of my favorite programs is TrialDirector, the best program for presenting evidence in trial. It’s got great tools for organizing and annotating evidence. Both programs have their pluses and minuses in terms of price and features.
When those two programs have a baby, that baby is awesome. The baby’s name is TDNotebook.
What Is TDNotebook?
TDNotebook is a cloud-based evidence management tool for collaboration between your office, co-counsel, vendors, and experts. It’s free like how Dropbox is free – you get a certain amount of free storage, and for anything above that, you have to pay.
We overuse the word “childish” when discussing the behavior of lawyers. This dispute though is so utterly childish it can be summed up as “Teacher! Denise swore!” and “But, Dan did it first!”
Rare is the opinion with the word “a**hole” (though without the wusstrisks we use on this site) in the opening sentence. But that’s what you get when a judge levels a benchslap against one side for “intemperate language,” which is apparently a thing that lawyers shouldn’t use.
Now lawyers can be a salty bunch, so it takes a serious outburst to earn the ire of a federal judge. And this woman doesn’t disappoint, allegedly drafting an aggressive email peppered with “intemperate language” combined with shady tactics and outright lying. It’s a cocktail of behavior that deserves consideration if you’re looking for case studies for a professional responsibility course. As the judge writes in his opinion, this is one where the lawyer should have hit “delete” instead of “send.”
If you need it, build it. We needed help. And we saw an opportunity. So we took action, and now have another business as a result. I’ll explain. The need was simple. Because of our work with investors interested in understanding how patent litigation events impact on their investments, we found ourselves needing to monitor many active patent cases, in addition to the cases we were litigating ourselves. At one point, we considered hiring an intern to help with this specific task, at least during the trading day. But we quickly realized that solving this problem required a software-based solution. So we set out to build one. We looked for something available that would do the job, and failed to find anything useful.
Thanks in no small measure to the talent of our programmer, what we built worked. We were able to get automated alerts of new docket entries and opinions directly to our email. And we could do so for multiple cases, alleviating the concern that we would miss an important opinion. Because our clients tend to have sizable investments, there is a premium placed on our ability to let them know of litigation events quickly and to interpret those events for them, so that they could protect their positions or initiate new ones, based on the recently released publicly available information. As a fail-safe, we began having the alerts sent directly to subscribers of our consulting services. And now we have decided to offer it publicly (www.litigationalpha.com) to fellow lawyers, retail investors, and whoever else can benefit from automated alerts generated based off District Courts docket entries and opinions….
As part of a nationwide tour, Above the Law is coming to the great city of Chicago.
Join preeminent law firm management consultant Bruce MacEwen, Katten Muchin Chicago managing partner Gil Sofer, and JPMorgan Chase & Co. assistant general counsel Jason Shaffer for a panel discussion (sponsored by Pangea3) on the evolutionary and market forces bearing down on the law firm business model. Come on by Thursday, November 20, at 6 p.m., for thought-provoking discussion, food, drink, and networking.
Space is limited and there will be no on-site registration, so please RSVP
Average law school debt for graduates of private universities hovered around $122,000 last year. With only 57% of new attorneys actually obtaining real lawyer jobs, recent graduates have a lot to consider when it comes to managing their student loan payments. Thanks to our friends at SoFi, today’s infographic takes a look at student loan debt, including the possible benefits of refinancing for JDs…
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.