Ed. note: This is a new series from Bruce MacEwen and Janet Stanton of Adam Smith Esq. and JDMatch. “Across the Desk” will take a thoughtful look at recruiting, career paths, professional development, human capital, and related issues. Some of these pieces have previously appeared, in slightly different form, on AdamSmithEsq.com.
At the time I wrote, I treated it more or less as a thought experiment, but we now see that shirking that obligation can come back to bite firms with sharp and large teeth right here in the real world, as seen in Henry Bunsow’s high-profile suit against Dewey’s former leadership (accusing them of running a “Ponzi scheme,” and alleging he’s out $1.8-million in lost capital, among other damages). The gist of Bunsow’s action is that Dewey’s leadership painted a misleadingly rosy picture of Dewey’s financial health, and failed to disclose its obligations in deferred compensation. Bunsow further alleges that former chairman Stephen Davis withdrew his own capital investment after he was forced out of his leadership role and “took those funds personally to the disadvantage of the firm and his fellow partners.”
My three-year-old proposal was that firms be obliged to prepare the equivalent of a Private Placement Memorandum for laterals — equally available to incumbent partners as well, of course.
I also noted that the reaction of most readers would probably fall into polar camps: That my proposal was “fascinating” or else “preposterous”….
* The Department of Justice has reached yet another settlement in the Deepwater Horizon oil spill case, this time with Transocean Ltd. for $1.4 billion in civil and criminal penalties and fines. [National Law Journal]
* “[W]ith success comes regulatory scrutiny.” Google convinced the FTC to close its ongoing antitrust probe by promising to change its allegedly shady patent usage and purportedly skewed search terms. [Bloomberg]
* According to Littler Mendelson, federal contractors might want to consider sending out sequestration-related layoff notices to employees in order to comply with the WARN Act. America, f**k yeah! [Government Executive]
* Governor Andrew Cuomo will have a major impact on the New York Court of Appeals when appointing new judges. It could be a partisan decision, but his father, former Governor Mario Cuomo, insists his son will leave politics at home. [Capital New York]
* When you write in defense of the value proposition of law school, you wind up in the op-ed pages of the NYT. When you tell the truth about it, you wind up in the opinion pages of the WSJ. [Wall Street Journal (sub. req.)]
* Remember Danae Couch, the Texas Tech law student who was crowned as Miss Texas? She’ll compete for the Miss America title next weekend. If you’d like to help her become a finalist, you can vote for her here! [KFYO]
* Dewey know how much money this failed firm has run up on its tab for legal advisers since May? It’s quite the pretty penny — $14.8 million — and that amount actually includes some pretty ridiculous fees and charges, like $21,843 for photocopies. [Am Law Daily]
* Everyone’s glad that we didn’t nosedive over the fiscal cliff, but the people who are the most excited about it seem to be Biglaw partners. This wasn’t the best bill, and more uncertainty means more work, which means more money. [National Law Journal]
* It looks like we’re never going to find out what the Justice Department’s legal justification was for the targeted killing of Anwar al-Awlaki, because a federal judge upheld the validity of its secret memo. [New York Times]
* Everyone flipped out over Instagram’s money filter, but they’re keeping relatively quiet about this mandatory arbitration provision. Quick, post some pseudo-legalese on your Facebook wall. [WSJ Law Blog (sub. req.)]
* Good news, everyone! Thanks to this ruling, in Virginia, you can be as nasty and negative as you want to be on Yelp without fear that your voice will be censored… kind of like the Above the Law comments. [All Things D]
Apparently, Chuck Klosterman believes law deans without checking to see what they’re hiding.
Man, the New York Times is just full of people defending law schools these days. First we had Lawrence Mitchell, Dean of Case Western Law School, write an op-ed about why he is “proud” to be a law dean. I’m not sure if he’s proud to have written an op-ed that has been savaged byeverybody, but there you go.
This weekend, the Times ran an Ethicist column by noted pop culturalist Chuck Klosterman about the “morality” of law schools enrolling students at hefty tuition prices when they know the job market is very challenging.
Klosterman defended law schools, though it’s not clear that he intended to. In fact, it’s not clear that Klosterman knows just how “unethical” law schools have become.
But hey, you don’t actually have to understand the challenges of legal employment to defend law school in the New York Times these days….
I figured the editor at the NYT might think she owed me one, so I cranked out a replacement piece proposing to reform legal education. I’m pleased to report that this op-ed piece was not preempted! No, no, no: It was rejected on the merits. The editor said that my article made too many points and felt like a “report, rather than an opinion piece.”
But she was wrong. And, in any event, you should judge for yourself.
So here’s my recently rejected op-ed piece proposing how we should reform legal education. (I do believe this is the last in my short-lived series of “crap I wrote for the Times that the Times didn’t publish.” It’s an awful lot of work to produce 1,200-word pieces that become mere fodder for another column here at Inside Straight.) . . .
* Just in case you haven’t seen enough responses to the Case Western Law dean’s New York Times op-ed, here are some more. (Plus, with this, you’re getting the additional bonus of an incredibly sad letter from a young lawyer.) [Associate's Mind]
* Oh mon dieu! Dominique Strauss-Kahn’s legal team is now denying that that there was ever a settlement in the hotel maid’s sexual assault suit civil suit, and especially not a $6M settlement — because that’s apparently “flatly false.” [Slate]
* You’ve probably led a sad and lonely existence if you’re laying on your death bed and worrying about who will inherit your iTunes library. Don’t worry, they’re headed to a “legal black hole,” anyway. [Legal Blog Watch]
* The Supreme Court might be taking the phrase “don’t judge gay people” a little too literally. [WSJ Law Blog]
* And in other news, some teenagers are so obsessed with their tech gadgets, like cellphones, that they’d allegedly be willing to kill their family and pry the damn thing from their cold dead hands. [Legal Juice]
* Please remember to vote for your favorite law blog (coughcough Above the Law coughcough) in the Blawg 100 in the News/Analysis category, and all the rest of the sites you read in other categories, too! [ABA Journal]
* After the jump, Bloomberg Law’s Lee Pacchia speaks with law firm consultant Tim Corcoran of the Corcoran Consulting Group about the future of rainmaking and business development in Biglaw….
Mitchell has been slammed — by me, by Professor Paul Campos, by Alison Monahan, and by many others. If you’ve been looking seriously at the state of legal education, it wasn’t hard to eviscerate Mitchell’s arguments.
But Mitchell seems to believe that looking critically at the value proposition of legal education is a media-driven phenomenon. As he wrote in his op-ed, “For at least two years, the popular press, bloggers and a few sensationalist law professors have turned American law schools into the new investment banks.”
It seems that Mitchell has forgotten about the students. Bloggers and law professors don’t really have any skin in this game. But actual students feel like law school deans have taken advantage of them, and telling them “everything is okay here” isn’t a winning argument.
These kids are tired of law deans, like Mitchell, who continue to act like law schools can keep doing what they’re doing while recent graduates don’t have jobs and are crushed under a mountain of debt. They’re really sick of the subtle implication that they only reason the “great deal” of law school didn’t work out for them was that they were “lazy” or somehow undeserving.
In short, they are sick and tired of the very kind of arguments Mitchell made in the New York Times — and yesterday they spoke out about it, loudly….
This law dean is hoping you’re wearing Bad Idea Jeans when you read his NYT op-ed.
You know that you are selling a substandard product when you start trying to blame “bloggers” as the reason people are refusing purchase your bill of goods.
Lawrence E. Mitchell, the dean of Case Western Reserve University School of Law, took to the Op-Ed page of the New York Times to defend the value proposition of going to law school. Mitchell would have you believe that the media — which only recently started asking law schools to provide evidence that legal education was worth the exorbitant prices schools charge for it — has unfairly and “irrationally” dissuaded the brightest students from attending law school. He writes: “The hysteria has masked some important realities and created an environment in which some of the brightest potential lawyers are, largely irrationally, forgoing the possibility of a rich, rewarding and, yes, profitable, career.”
To be clear, the argument here is that some of the BRIGHTEST potential lawyers are acting “irrationally” by not going to law school, which I suppose leaves only some of the not-brightest potential lawyers as the ones who still believe op-eds from law school deans touting the value of law school.
Mitchell’s problem is actually quite common among law school deans. In fact, Mitchell unintentionally captures the basic disconnect between law students and the deans that take their money: the facts Mitchell wants people to focus on when they are considering going to law school are not the facts that matter to people when they graduate from law school.
And the reason law school applications are on the way down is that the brightest potential lawyers are starting to understand the difference….
When I receive the sections of the Sunday New York Times that get delivered on Saturday, the first one I reach for is Real Estate. And one of the first features I read is The Hunt, Joyce Cohen’s delightful column chronicling the victories and defeats of those who dare to take on the New York City real estate market.
A recent installment of The Hunt featured a lawyer who was previously a movie star. With two daughters and a penchant for entertaining, she and her husband had outgrown their three-bedroom condominium on the Upper East Side. They wanted a townhouse. But with a budget of no more than $2 million, they had their work cut out for them.
Who is the actress turned attorney — a star of one of the most iconic films of the 1990s, in fact — and where is her new home?
When Chintan Panchal decided to leave a global BigLaw partnership to start his own firm, he could only hope that he would face the high-quality problem of firm building that many had cautioned him about. Focused on the uncertainty surrounding of a new firm launch, he decided to tackle staffing needs, IT challenges, and financial planning requirements after he had built up his legal practice.
Panchal Associates LLP–a corporate/finance and outside general counsel boutique–was quickly off to a great start. Clients and matters were flying in the door, and Chintan soon had a team of lawyers and staff with a variety of operational needs. To continue building an excellent team and provide them with a competitive benefits package, to expand his physical presence to include a European practice and additional partners, and to scale his operations and IT capabilities to support this growing enterprise brought with it demands of time, money, and expertise. Chintan knew he needed help.
“With the assistance of NexFirm, we have upgraded the capabilities of our firm to meet, and in some cases exceed, the standards we were used to at our former BigLaw firms. Operationally, we can now attract and service clients we didn’t have the bandwidth to support in the past, and continue to build our team with the best and brightest legal talent in the industry,” said Chintan Panchal, adding “It has worked out quite well in our case; NexFirm is an essential partner for us.”
The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
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: firstname.lastname@example.org.
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