* Retired Justice John Paul Stevens isn’t exactly too thrilled about the Supreme Court’s opinion in McCutcheon v. FEC: “The voter is less important than the man who provides money to the candidate. It’s really wrong.” [New York Times]
* Neil Eggleston, a Kirkland & Ellis partner who served as a lawyer in the Clinton administration, has been named as replacement for Kathryn Ruemmler as White House Counsel. Please, Mr. Eggleston, we need to know about your shoes. [Associated Press]
* The Manhattan District Attorney’s Office says the D&L trial could last for four months or more. Dewey know who one witness could be? Yup, the partner who allegedly shagged a spy. [Am Law Daily]
* Thanks to the turn of the tide in DOMA-related litigation, a gay widower from Australia is petitioning USCIS to approve his marriage-based green card application, 39 years after it was first denied. [Advocate]
* Here are three reasons your law school application was rejected: 1) you’re not a special snowflake; 2) your LSAT/GPA won’t game the rankings; and 3) LOL your essay. [Law Admissions Lowdown / U.S. News]
* No, Jodi Arias didn’t get Hep C in jail and file a lawsuit to get a restraining order against Sheriff Joe Arpaio and Nancy Grace. We have a feeling we know who did. We’ve missed you, Jonathan Lee Riches. [UPI]
While the benefits of flat-fee billing, including cost certainty, increased efficiency, and administrative simplicity are well documented, there’s not much guidance on how lawyers can implement fixed fees in practice. As a result, many lawyers shy away from fixed-fee billing, fearing that if they charge too little, they’ll be stuck working for free if the case winds up taking more time to resolve than originally anticipated. Meanwhile, many lawyers who experiment with fixed-fee billing claim that it doesn’t work — largely because they haven’t implemented it in a way that benefits the lawyer as well as the client.
So below are a half-dozen tips to help solo and small-firm lawyers implement fixed-fee billing without paying the price. Though not exhaustive, these suggestions may help lawyers currently contemplating fixed-fee billing get started, or convince those who’ve tried flat fees unsuccessfully to reconsider…
Bitcoin, your anarcho-syndicalist little brother’s favorite cryptocurrency, has created quite the stir of late. Just last month, your dead grandmother’s favorite newsweekly, Newsweek, covered itself in whatever the opposite of glory is when it pinned the blame for bitcoin on an unsuspecting and camera-shy Californian named Dorian Nakamoto. The man, who reacted to the accusation that he had created a massively popular currency as if someone had shot his dog, retreated to the safety of an awful haircut shortly after the “news” broke. But if Nakamoto wasn’t the creator of bitcoin, then who was?
Yesterday, Slate magazine (a digital publication that is only a magazine because we all agree it is one) reported on the latest developments in bitcoin founder speculation. The results of an academic analysis might shock you. They might horrify you.
They might make you wonder whether that class you took at George Washington Law was taught by the inventor of bitcoin…
We brought the matter to the Provost and although he is supportive of our goals he cannot bend the University rules to make this creative idea happen. However, we remain committed to finding ways to fund post-graduate opportunities and address other employment issues facing our graduates.
We all know that the employment landscape for recent law school graduates is still looking pretty bleak. Fifty-seven percent of 2013′s law school graduates are employed in full-time, long-term jobs that require bar passage. If we exclude the percentage of full-time, long-term jobs funded by law schools, the legal employment rate drops to 55.3 percent. Meanwhile, 11.2 percent of 2013′s graduates are still unemployed nine months after receiving their degrees. The job market sucks, for lack of a better word, and law schools are sinking in the U.S. News rankings because of their terrible employment statistics.
That’s why law schools are doing anything and everything they can to try to put their graduates to work. It seems that some schools are even willing to go to extremely unconventional lengths to do so. For example, one law school is thinking about suspending faculty raises and using that money to create a new jobs program for its graduates.
A law professor there just found out that he may not be getting a raise this year, and he is PISSED….
Ed. note: Please welcome Shannon Achimalbe to Above the Law. Shannon will be writing about the journey from solo practice to a larger law firm.
Some time ago, I met with a consultant to discuss how I could improve and expand my solo practice. I told him my future goals: to be recognized as an expert in my areas of practice, make lots of money, and have free time for my personal life. He said I could accomplish these goals, but it would depend on how much time and effort I put in. He then told me that I would need to “invest” money in marketing, blogging, networking events, and joining various organizations. I would also need to make plans to upgrade my office and get a staff. Finally, he told me to pick a religion, because I’d be praying often.
But when I looked at the projected costs to accomplish my goals along with the non-guarantee of success, I hesitated. A flurry of questions went through my head: Who do I need to connect with and hire? What niches are marketable and enjoyable? When would I start to see a return on my investment? Where are my potential clients? How many more networking events do I have to attend? Why am I doing this? Am I going to enjoy doing this? When I found myself asking that last question, I knew it was time to look at other options…
After yesterday’s decision in McCutcheon v. FEC, where the Supreme Court found that aggregate contribution limits violate the First Amendment, campaign finance is back in the spotlight. In October, when the Court heard oral arguments for McCutcheon, I wrote about why I thought Shaun McCutcheon should prevail and why “rumors of democracy’s death are greatly exaggerated.” Others apparently still believe the rumors.
Something else this week delivered grist for the mill, as the country considers how political causes ought to be funded. Mozilla, the nonprofit foundation responsible for the Firefox browser and other open-source ventures, promoted Brendan Eich to CEO last week. California law required the public report of Eich’s 2008 contribution to the campaign to pass Proposition 8, the ballot measure amending the state constitution to prohibit same-sex marriage. Prop 8, of course, eventually gave rise to the Supreme Court’s decision last term in Hollingsworth v. Perry. Eich’s financial support of Prop 8 has now given rise to a slew of woes for Eich and Mozilla.
Half of Mozilla’s board members quit, protesting a CEO with a history of activism against same-sex marriage. Some Firefox app developers decided to boycott Firefox projects until Eich is removed from his position. Twitter has been, well, atwitter with criticism.
Then, earlier this week, the dating site OkCupid rerouted all of its users accessing its site from a Firefox browser to a message that began, “Hello there, Mozilla Firefox user. Pardon this interruption of your OkCupid experience. Mozilla’s new CEO, Brendan Eich, is an opponent of equal rights for gay couples. We would therefore prefer that our users not use Mozilla software to access OkCupid.” The message goes on to read, “Equality for gay relationships is personally important to many of us here at OkCupid. But it’s professionally important to the entire company. OkCupid is for creating love. Those who seek to deny love and instead enforce misery, shame, and frustration are our enemies, and we wish them nothing but failure.”
OkCupid’s arrow struck deep. What Eich now faces raises questions about political expression and association, laws requiring disclosure of political contributions, and the consequences of both….
As we mentioned in Morning Docket, one New York law school just decided to cut its yearly tuition by a whole lot — 15 percent, actually. That’s right: a top 100 law school is reducing its tuition, across the board, in a move that will take it from being the second-most expensive private law school in New York City to being the cheapest of its kind.
Of course, by “cheapest,” what we really mean is “still prohibitively expensive,” but at least it’s a step in the right direction. Perhaps this is a trend in the making for the rest of New York City’s law schools.
So, which law school is helping its students take on a little less debt?
* Despite all the outrage over Albany Law’s faculty buyouts, some have already accepted the package offered. Looks like anything’s possible for the right price. [Albany Business Review]
* Guess which law school is cutting tuition by a whole lot? Some hints: it’s in New York and it’s been selling off real estate. We’ll have more on this later. [Wall Street Journal (sub. req.)]
* Perhaps this could be considered a gift of provisional accreditation: Alberto Gonzales, U.S. Attorney General in President George W. Bush’s administration, is now dean at Belmont Law. [The Tennessean]
* Take a look at this new paper by Professors Amy Chua and Jed Rubenfeld on race and culture in law school admissions. Actually, it’s fake, but it’s sad that it could, in theory, be very real. [Washington Post]
* Zac Efron is going to star as a Yale Law grad forced by criminals to work in the world’s largest Biglaw firm in a film adaptation of John Grisham’s book, The Associate. OMG, he’s so cute. [Hollywood Reporter]
* Our thoughts go out to the families of those wounded and killed during the Fort Hood shooting. [AP]
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!