* Oh baby (or the lack thereof): the Supreme Court has decided to take on two of the cases asserting religious challenges to the Affordable Care Act’s contraception coverage mandate. [Blog of Legal Times]
* “[H]e has a Rolodex like a Ferris wheel.” Delaware’s Supreme Court Chief Justice is retiring from the bench to join Potter Anderson & Corroon, where that Rolodex will come in handy. [Wall Street Journal]
* Italian prosecutors think Amanda Knox should be convicted of murder (again) and given a 30-year sentence in a retrial she’s not even there for. This kind of sounds like it’d be a double-secret conviction. [CNN]
* With fall finals right around the corner, law students can take comfort in the fact that next week they’ll be soothed by therapy dogs — ones that’ll need therapy after dealing with law students. [WSJ Law Blog]
* If you’re considering applying to law school against all odds, you should determine when the right time to apply would be. Don’t listen to your parents, listen to your gut. [Law Admissions Lowdown / U.S. News]
* If you haven’t heard, the Beastie Boys are having a copyright fight with toymaker GoldieBlox over a parody of the song “Girls” that’s been used in a commercial. Fair use? Decide after the jump. [NBC News]
* The right to choose… to drive out of state? SCOTUS rejected an application to block Texas from enforcing a law requiring abortion doctors to have privileges at nearby hospitals. [New York Times]
* Patton Boggs should prepare for the day when Locke Lord is too busy washing its hair to go on a date. The would-be merger is just one of many “interesting opportunities” the firm is considering. [Am Law Daily]
* Law firm merger mania, mid-size Midwest edition: Chi-Town law firm Shefsky & Froelich merges with Cincinnati-based Taft Stettinius & Hollister. [Crain's Chicago Business]
* When it comes to law faculty hiring, it doesn’t matter what color your skin is or what you’ve got between your legs, so long as your résumé is covered in Ivy and you’re dripping with prestige. [National Law Journal]
* Ave Maria School of Law is in need of a new dean. It seems the man who created the school’s “Advanced Critical Thinking Department” engaged in deep thought before deciding to call it quits. [Naples Daily News]
Ed. note: This is a new column from a person who didn’t just go from Biglaw to a smaller office, he went from big bad New York City to someplace where they care about the Big Ten network. It’s a different client roster and a different life.
Hello. I live in the middle of the country and I do smal(ler) law than most of you, so you can call me the Middle Man.
I am one of the few friends of ATL who had the courage to leave the quagmire that is New York Biglaw, and the stupidity tenacity to continue practicing law.
A little about myself: I was born in the Midwest, went to college out west, law School in the south, and worked at a Vault top-15 firm in New York City for four years before fleeing for greener (read: smaller) pastures at a regional firm with a few offices scattered about the heartland here in the middle of the country.
I this space, I will be covering such topics as:
1. How the hell I got this job in the first place.
2. The difference between client service here at a smaller firm in a mid-sized city and New York.
3. The difference in my practice here and New York.
4. Dealing with partners and fellow associates in a smaller firm as an associate from a biglaw firm.
5. Why Luther “Uncle Luke” Campbell is one of the most prolific Americans of the late 20th century.
My hope is that these posts will give you an idea of what you can expect if you leave your biglaw job and head back toward Real America.
To get us started, let me tackle our first topic: how I scored this job…
When you’re a real litigator — at a firm, in the trenches, arguing stuff and getting your hands dirty — you see and hear the coolest things.
So I’m sharing a couple of litigation war stories with you today, and soliciting you to share others in the comments.
I’m in the California Court of Appeal in San Francisco. My case is third or fourth on the calendar, so I’m watching the arguments before mine. In the first case, the appellant had been convicted of a bunch of gruesome crimes. It was hard to tell without having read the briefs, but the litany plainly included rape, murder, and the desecration of a corpse. Defense counsel had not exactly lucked out in the selection of an appellate panel: He was arguing to three female judges, all of whom had formerly been prosecutors.
For reasons not entirely clear, counsel was trying to reverse the conviction for desecration of a corpse. He insisted that no evidence supported the verdict, because there was no evidence (I kid you not) that the defendant had jammed the stones inside the victim after she had died. As one of several arguments, counsel tried an appeal to reason. He asked the (seemingly) rhetorical question: “But why would my client have shoved rocks inside the body after she was dead?”
The question wasn’t so rhetorical, after all. One of the judges leaned forward incredulously and asked, with a snarl: “Excuse me, but . . .
But as it turns out, as reflected in our traffic stats and in various messages sent directly to us, people actually want to learn about methods for staying (or looking) busy while they put in their law-firm face time. Does this mean work is slow? All these unused billable hours don’t bode well for bonus expectations this year.
Anyway, here you go: 7 more ways to kill time while working at a law firm….
Last month we wrote about a Biglaw firm that’s in big trouble. The firm in question: Dow Lohnes, a former Am Law 200 firm that has been hemorrhaging lawyers and clients (and lost two more partners last week, to Venable). In our story about Dow Lohnes, we noted that “[i]t seems possible that the firm could merge out of existence — if it’s lucky enough to find a partner.”
Fortunately for the remaining lawyers and staff at Dow Lohnes, the sinking ship has located some lifeboats. A larger and stronger firm, a member of the Am Law 50 and Vault 100, will be picking up many (but not all) of Dow Lohnes’s lawyers.
Who’s the white knight riding to the rescue of Dow Lohnes?
Tied up in the office? You might as well make the most of it.
As the old saying goes, time is money. And in the land of law firms, where the billable hour is king, the saying is literally true. The pressure to churn that bill, baby rack up thousands and thousands of hours is one of the toughest aspects of legal practice. It drives lawyers towards drink and away from their families. (See reasons #7 and #8 of the 10 Reasons To Leave Biglaw.)
But what if you have the opposite problem? In some ways, not having enough in terms of billable hours is worse than having too much. If you’re billing, say, 75 hours a month as an associate, you could find yourself in the breadline before too long. (Partners have more leeway, but even they are hungry for hours nowadays.)
If you’re stuck in the office with nothing to do — and this applies not just to lawyers but to support staff, who are getting laid off partly because there’s not enough for them to do — how should you pass the hours? Here are seven suggestions….
As in-house columnist Mark Herrmann put it, “Dewey know who’s next?” No, we don’t. But we certainly have some guesses about major law firms that are existentially challenged.
Here at Above the Law, we do maintain a shortlist of Biglaw firms that could go under. But, truth be told, the list is not that exciting. With a handful of exceptions, the firms that populate it are big regional firms, not national or international behemoths, and they cluster toward the lower echelons of the Am Law 200 or NLJ 350. Put another way, no firm on our list boasts the size and stature of Dewey & LeBoeuf. (If you know of a firm that should be placed on our list, please email us, subject line “Biglaw Death Watch,” or text us, at 646-820-8477.)
But even if a firm isn’t a household name, lawyers and staffers will suffer when it goes under. Let’s hear about the latest large law firm that appears to be on the ropes….
Ed. note: The Aspiring Lateral, a new series from Levenfeld Pearlstein, will analyze a variety of issues surrounding lateral moves, drawing on the firm’s experience in the lateral market as well as the individual experiences of LP attorneys. Today’s post is written by Laura Friedel, a partner in the firm’s Labor & Employment group.
In the legal profession, the view from the top is pretty good. If you’ve been lucky enough to snag a position at one of the 100 or so firms loosely defined as “Biglaw,” you’re probably looking out a window near the top of a shiny skyscraper. You probably have a nice cafeteria down the hall. Who knows: at your glam partner retreats, you may even take chartered boats down the Thames.
The point is, while that view from Biglaw is a good one, it’s not the easiest vantage point to assess your career options. I’ve been there. And when I began to think about alternatives to a Biglaw practice, I admit I did not fully realize that mid-sized firms even existed. In my mind, there were Biglaw firms, boutiques, and that’s about it. I was something like the native New Yorker who is only dimly aware that a mass of states lies between herself and the only other meaningful part of the country, California.
Thankfully, just as flyover states do in fact exist, so too do mid-sized firms that provide sophisticated, full-service capabilities to their clients. For the Biglaw practitioner facing rate pressure from clients, frustrations with the anonymity that goes with mega-firm practice, or perhaps nosebleeds from the trip up the elevator, they are worth considering along with obvious alternatives such as in-house positions.
And as Biglaw lawyers investigate mid-sized firms, they will likely find more misperceptions falling away. I’ll share a few here that opened my eyes further, and that make the mid-sized firm alternative an attractive one…
Business development sometimes seems like an impossible task. Winning new clients, or generating new business from existing clients, isn’t easy. If you doubt this, check out in-house columnist Mark Herrmann’s excellent column, Nothing You Can Say Can Cause Me To Retain You (explaining all the strategies for trying to obtain his business that won’t work). The challenge of getting new clients explains why so many firms resort to effectively trying to buy clients, by luring lateral partners and hoping their books of business come with them.
But still, every now and then a law firm does get hired by a new client. And every now and then a law firm gets fired by an existing or even longstanding client (even though it’s not easy to displace incumbent counsel, especially if they’re decent).
Why do clients hire and fire their outside counsel? A new survey offers some answers….
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 seven years. You can reach them by email: firstname.lastname@example.org.
Things have changed recently in Korea – a few of our US and UK client firms are looking, very selectively, for a lateral US associate hire. Until just recently, there was not much hiring like this going on in Korea, since US and UK firms started opening offices there. We have already placed two US associates in Korea in the past month at top firms. Most of the hiring partners we work with in Korea do not actively work with other recruiters.
If you are a Korean fluent US associate in London, New York or another major US market, 2nd to 6th year, at a top 20 firm, with cap markets or M&A focus (or mix), or project finance background, and you are interested in lateraling to Korea to a top US or UK firm, please feel free to reach out to us at email@example.com or firstname.lastname@example.org. Our head of Asia, Evan Jowers, was just in Korea recently, and Evan and Robert Kinney will be in Korea in a few weeks. We are in the process of helping several firms open new offices in Korea (a number of which are interviewing our partner level candidates) and also helping existing offices there fill openings.
Professor Joel P. Trachtman has developed a unique, practical guide to help lawyers analyze, argue, and write effectively.
The Tools of Argument: How the Best Lawyers Think, Argue, and Win is a highly readable 200-page book, available for about $10 in paperback or e-book. Chapters focus on foundational principles in legal argument: procedure, interpretation of contracts and statutes, use of evidence, and more. The material covered is taught only implicitly in law school. Yet, when up-and-coming attorneys master these straightforward tools, they will think and argue like the best lawyers.
For most attorneys, time spent managing the books is a necessary evil at best. Yet it is undeniably a crucial aspect of running a successful practice. With that in mind, we invite you to view or download a free webinar by Above the Law and our friends at Clio to learn how to better manage your finances.
Take this opportunity to learn what it takes to streamline your accounting and get the most out of your time. The webinar agenda:
● The basics of accounting for lawyers.
● How legal accounting differs from regular accounting.
● Report and reconciliation issues surrounding trust accounts.
● How to pick and integrate the best accounting tools for your practice.
● Steps to prepare your tax return for your firm’s income.
Do not miss this crucial chance to optimize your accounting practices. Save time and get back to billing!