What’s the difference between an ATL commenter and an ATL correspondent?
A commenter writes, “Screw you, Herrmann, and the horse you rode in on. And your wife, and your kids. And your grandma. And your cat.”
A correspondent writes a long, thoughtful email, like the one I received from a reader in Rochester, New York, who read my column, “On Tweedledee And Tweedledum, Esq.,” and accused me overvaluing good writing:
“In litigation, while writing is important, it is not paramount. Just as, or more, important are analyzing law and facts and knowing what claims or defenses to assert. Then developing a strategy for discovery – knowing what documents to ask for, where to search, what questions to ask at deposition – none of which requires much writing at all and certainly not great writing skill. Developing the facts – and developing them in a way to help and not harm your case – is often much more important than writing a great brief. Knowing what issues to dispute in discovery and which to cede is important. Negotiating skills are important. Legal research skills are significant. Then, if a case goes to trial, entirely different skills are needed. Using an example from your column, because a lawyer writes an excellent brief does not mean they know how to properly prepare a witness or question a witness. . . . Someone can write with great style and flair but use bad analysis, miss significant facts or fail to find an important case.”
I have two reactions: First, thanks for writing. And, second, maybe yes and maybe no . . .
Ultimately, I think the price is right — you’ve got all the amenities of living at home that you wouldn’t have otherwise. The washer and dryer at your place, the full kitchen all the time, and you’re not living that rugged lifestyle. You get to eat steak and not ramen.
I have in my office a framed print of the classic New Yorker cartoon: “You have a pretty good case, Mr. Pitkin. How much justice can you afford?” I often find myself referring to the cartoon when talking to prospective clients.
Ed. note: This is the latest installment in a new series of posts on lateral partner moves from Lateral Link’s team of expert contributors. Today’s post is written by Michael Allen, the Managing Principal of Lateral Link, who focuses exclusively on partner placements with Am Law 200 clients.
Patton Boggs, the preeminent Washington-based lobbying law firm, is reeling from a slew of recent events, hinging upon their multi-million dollar litigation with Chevron. In 2010, the firm released a memo entitled “Invictus,” proudly proclaiming their new endeavor: the representation of Ecuador in a long-contested battle over Texaco’s culpability in creating nearly one thousand pits of oil in the jungles of Ecuador — a liability Chevron inherited when it purchased Texaco in 2000 for $36 billion.
But Patton Boggs’s plan to quickly enforce a settlement soon became more challenging than anticipated. Playing hardball, Chevron has continuously called Patton Boggs’s bluffs…
Ed. note: This is the first installment in a new series of posts on lateral partner moves from Lateral Link’s team of expert contributors. Today’s post is written by Michael Allen, the Managing Principal of Lateral Link, who focuses exclusively on partner placements with Am Law 200 clients.
BuckleySandler LLP landed a big fish in Los Angeles. With the firm’s recent hiring of Richard Gottlieb, a well-known class action defense litigator, and Fredrick Levin, a class action and securities litigator, the partners confirm that BuckleySandler’s Los Angeles office (and soon-to-be-opened Chicago office) are serious contenders in the quest for lateral partners. Gottlieb is a heavy hitter in the consumer finance and mortgage class action space, and he developed a very significant book of business with a national client base.
Last week, I was having a business lunch at Michael Chiarello’s Coqueta overlooking the San Francisco Bay. (Those who know me won’t be surprised that I managed to combine a business meeting with some good eats. I’ll save my restaurant review for another time, or you can read it on OpenTable.)
Anyway, my lunch was with a partner at Leason Ellis, a thriving IP boutique in New York. The firm is a boutique in that the lawyers are specialists in intellectual property; as far as I know, that is their only practice area. But within that subject matter, they have both a litigation and transactional practice. Conversely, with limited exceptions, my own firm has remained a litigation-only boutique since it was founded four years ago. We handle a wide range of subject matters, but only do litigation within those subjects.
What are the pros and cons of running a litigation-only shop? Why haven’t we added a robust transactional practice as well?
Last week, we wrote about reductions to the ranks of lawyers and staff at WilmerHale. We noted that the cuts, made in connection with twice-annual performance reviews, seemed to focus on IP litigation and on the Boston and Palo Alto offices.
Today we bring you additional information about the reductions, which look a lot like stealth layoffs. They seem to be more widespread, in terms of offices and practice areas, than previously reported.
And they might be due to some earlier overhiring, reflected in an interesting email we received….
Usually when we talk about Eliot Spitzer there are the obligatory “Client 9″ prostitute jokes. Yes, yes, it’s terribly embarrassing that a married man frequented prostitutes. Spitzer was most famous for being a prosecutor, and prosecutors who break the law are hypocrites, and we have to point and make the Invasion of the Body Snatchers face and scream.
So I’ll pause to let everybody do that. In the immortal words of Tim Curry in Congo “have your laughing.”
Okay, are we back now? People love to bash this man; Spitzer made few friends in public life. But those of us who were in Biglaw while Spitzer was doing his thing at the New York Attorney General’s Office should hold him close to their hearts, or at least their wallets. Because Spitzer made a lot of lawyers a lot of money. Suing Wall Street might not have been popular with Wall Street, but it was sure as hell popular with lawyers who serviced Wall Street firms.
Bet-the-company litigation, huge fees, tons of associate man-hours just trying to unpack whatever shady, arbitrage/Ponzi/derivative bollocks your client was doing — these are the cases that make it rain in litigation, baby. Most of my brief Biglaw career could be described as applying wet wipes to clients whom Spitzer crapped all over.
What should unemployed law school graduates do when they can’t find work and can’t feed themselves? A certain great French princess — although not Marie Antoinette, FYI — might say, “Let them eat cake.”
But not everyone can afford cake. Debt-burdened young (and not-so-young) lawyers don’t want to spend dough; they want to make it.
Perhaps literally as well as figuratively. Do you have some talent in the kitchen? Here’s an inspiring story for you….
In the dark days of 2009, we had frequent occasion to discuss the difference between “layoffs” and “performance-based dismissals.” Layoffs are generally understood as economically motivated, large-scale reductions in headcount, while performance-based dismissals involve specific individuals being asked to leave for cause. (Some see this as the difference being getting laid-off versus getting fired, although I’ve sometimes heard layoffs referred to as firings.)
The distinction can be a fine one. Unless cuts are made based on factors like seniority or practice area, layoffs often target weaker performers, so they can look a lot like performance-based terminations. There’s no bright-line cutoff, in numerical terms, for what constitutes a round of layoffs. And you can’t let firm characterization control, since many firms find it in their reputational interest to deny layoffs (unless the cuts are so large as to be undeniable; see, e.g., last week’s Weil Gotshal layoffs).
Today we bring you a story that captures this ambiguity. Several lawyers and staffers, totaling a number believed to be in the double digits, have been asked to leave a firm — but the firm denies that it’s conducting “layoffs.” We’ll present the facts and let you be the judge….
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.