Maimon Kirschenbaum

They’re exploiting the prestige of the profession to screw a lawyer out of his rightful wages. I think there’s a general sense that if we’re a law firm and we’re doing it, then it’s legal.

– New York plaintiffs’ lawyer D. Maimon Kirschenbaum, in remarks made about his latest client’s Fair Labor Standards Act suit against Skadden Arps and Tower Legal Staffing. This is the third FLSA suit filed by Kirschenbaum in which a plaintiff claims that document reviewers are entitled to overtime pay due to the routine nature of the work.

(Keep reading for additional details about Kirschenbaum’s prior suits, and to see the latest complaint, replete with the truth on the horrors of doc review.)

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I think everybody who has ever sat in a windowless conference room while staring at a screen and clicking through millions of documents has thought to themselves: “I wish I were dead.” “Somebody, please help me, it hurts.” “Zihuatanejo.” “I am not doing legal work.”

Whether you find yourself contracting after three years of law school or you were fired from a real legal job and are now contracting in lieu of moving back home with your parents, you don’t actually need a law degree to know that trained chimpanzees could be doing contract attorney work. In fact, the only reason they don’t use trained chimpanzees is that it’s much, much cheaper to train human beings to do it. And after a while, the chimps might revolt and kill their document room overseer while the humans will sit there in docile and vain hopes that one day they might get a real lawyer job.

Which brings us to the subject of today’s lawsuit challenging the Biglaw system of hiring contract attorneys to do menial, low-level, thoughtless work, and then not paying them overtime. Attorney Willian Henig has sued Quinn Emanuel alleging that contract attorneys should not be exempt from the Fair Labor Standards Act rules about overtime pay.

We’ve seen suits like this before, but this one is coming at one of the biggest and most well-known firms in all of Biglaw….

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