Litigators

Yesterday we wrote about a managing partner’s abrupt departure from her firm — a departure that the remaining members of management noted in a somewhat snarky email.

At the time, we didn’t know where she was headed. Now we know her destination — and we can understand why some of her former colleagues might be bent out of shape over her leaving.

Where did this prominent partner land, and what might happen to the firm she left behind?

double red triangle arrows Continue reading “An Update On A Managing Partner’s Mysterious Departure”

Here at Above the Law, we love ourselves a good departure memo. If a great one makes its way into your inbox, please feel free to send our way.

People write departure memos so they can frame their farewells — explain why they’re leaving, provide their new contact information, and thank the people who need to be thanked. But what about if a partner — a managing partner, no less, and one involved in a summer associate scandal from a few years ago — just quits without explanation?

In that case, the remaining members of management write her departure memo for her. And oh what a departure memo….

double red triangle arrows Continue reading “Managing Partner Quits Suddenly, Firm Sends Out Snarky Email In Her Wake”

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!

double red triangle arrows Continue reading “Columbia Questions Back Injury Because Student Still Got Good Grades”

Jesselyn Radack

I joke that I use drug dealer tactics. It’s a terrible way to work as an attorney, but you have to.

Jesselyn Radack, the national security and human rights director for the Government Accountability Project, commenting on the lengths to which she must go to protect her most famous client’s secrecy.

Radack represents Edward Snowden, and in her dealings with him she has abandoned WiFi — it’s too insecure — and used burner phones and two laptops (one of which is encrypted). She accepts only cash payments and will discuss his case only in person.

“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….

double red triangle arrows Continue reading “Why iPads Are The Most Mediocre Litigation Tool Ever”

Good bye, sweet Generalist. We hardly knew ye.

I’m a white-collar criminal defense lawyer. I love it. There are times when I think that I’ve won the work lottery. Yet, in this column, I’m going to complain about it.

Normally, I think that being a white-collar defense lawyer means that I represent folks who are under investigation by the Department of Justice, a law enforcement agency that would refer a case to the Department of Justice, or a regulator like the SEC, CFTC, or Office of Inspector General (in some situations — OIG’s both handle debarment and developing a case for DOJ).

But sometimes I’ll do other kinds of work too. Recently, I’ve represented clients in civil litigation. I’ve represented clients in arbitrations. And I’ve negotiated resolutions of disputes where litigation is looming but not yet happening. I’ve gotten really good results for clients in these kinds of cases (and, like any lawyer, I’ve had some cases break bad too). I like to think that if a case comes in that presents a relatively sophisticated litigation problem that doesn’t require a specialist (think of an ERISA case) I would consider doing it. And there are other lawyers in my firm who, to be sure, do primarily civil work.

But, despite that, I identify myself as a white-collar defense lawyer.

Sometimes, even though a potential client is exactly the kind of person I want to represent, presenting myself or being known as a white-collar defense lawyer is a problem.

When is that?

double red triangle arrows Continue reading “The Downside To A Professional Identity; Or The Demise Of The Litigation Generalist”

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….

double red triangle arrows Continue reading “Biglaw Firm Could Get Hit With Discovery-Related Sanctions”

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. . . .

double red triangle arrows Continue reading “Expose Your Weakness — Now!”

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.)

double red triangle arrows Continue reading “Benchslap Of The Day: The D.C. Circuit Calls Out A Top Law School Professor”

If you plan to work in Biglaw, you know it’s likely you’ll be able to command a very high hourly rate. Just how high we’re talking, though, depends on the area of law in which you choose to practice.

We already knew that litigators handling bet-the-company cases collected nice fees — in some instances up to $1,500 per hour — but there are other practice groups that rake in crazy cash, too.

Keep reading to find out where you’ll be able to make the most bank in Biglaw…

double red triangle arrows Continue reading “Which Biglaw Attorneys Make The Most Bank?”

Page 4 of 4012345678...40