Biglaw lawyers behave badly sometimes. And Biglaw lawyers sometimes use travel as an excuse to behave badly. But no one likes to talk about the bad things they see their colleagues do. It is bad for business, especially since it is the rainmakers that usually behave the worst. Bad behavior is usually just ignored, and only gets revealed as confirming evidence of a former colleague’s failings — if and when the firm decides enough is enough and cuts ties with the evildoer. Sometimes that never happens, and the sociopath becomes a “firm leader.” Biglaw is a business, after all, and powerful people need to get away with the things powerful people decide they are entitled to do. So Biglaw lawyers and staff generally keep quiet.
When I was an associate, I was lucky enough to work with pretty decent people. Even though I did a lot of work traveling, with a variety of senior attorneys, I was never exposed to any behavior that was out of line. Back at the office, there usually was a spate of gossip following partner retreats, but that was tame stuff. To be honest, a group of pasty old partners hitting a strip club, or some millionaire partner sitting at the ten-grand-a-hand blackjack table, did not strike me as that scandalous. Especially when I was exposed in the office to blatant overstaffing of matters, do-nothing partners and associates “reviewing” things, and similar other profit-drivers that normal people would consider theft. (My firm was not so bad on the padding front; other firms I saw from cases I was on were far worse. But that is a discussion for another time.)
There was one time, however, when I saw openly unprofessional behavior, perpetrated by a pretty important Biglaw figure no less. And I kept quiet about it, despite the temptation to email Lat and expose what I saw. Now that I have this platform, I still intend to protect the identity of the Biglaw figure that I saw with my own eyes publicly debase his or herself and our shared profession. Why? For the sake of his or her family, clients, and firm. And for Biglaw — we don’t need more scandals, especially stale ones. And when there is innocent collateral damage to consider, I think it best to keep my mouth shut. If this person’s fate is to be exposed for other indiscretions, it will happen. Going by the lack of discretion they exhibited publicly (which I witnessed with my own eyes), there is a good chance they feel immune. Maybe they are. We’ll see — and I have no doubt that if things ever catch up to them, ATL will be there to capture the happenings.
Fair is fair: I wrote last week about “what drives partners nuts.” Having armed associates with the ammunition needed to drive partners crazy, it’s only right that I arm partners with ways to drive associates nuts. (I realize that many partners are quite good at this even without my help, but I figure a stray few could use some guidance.)
Come on, partners, how can you drive associates nuts?
First: Give associates disembodied projects!
If you wanted someone actually to be interested in a project, you’d tell that person what the project was about. You’d explain what the transaction entails, what the client needs, and the critical issues likely to arise. In litigation matters, you’d explain who’s suing whom for what, the path the case is taking, the client’s main concerns, and the likely endgame. That would put a person’s brain in gear, and the person might actually care about his or her work.
Last summer, we brought you news about Saddle River, New Jersey, the beautiful town where my colleague David Lat spent his childhood (I grew up just one town over, in Upper Saddle River). But like every charming suburb, Saddle River apparently has a dark underbelly.
In July of last year, we discovered that Edward De Sear, a 64-year-old man who was an Allen & Overy partner at the time, had been arrested at his home and charged with distributing child pornography. The charge of distributing child pornography carries a mandatory minimum penalty of five years in prison and a maximum penalty of 20 years and a $250,000 fine.
De Sear was released on a $250,000 bond with electronic monitoring and never entered a plea. But it looks like the FBI was able to dig up some more information on his alleged pervy sexual preferences, because the ex-A&O partner was rearrested yesterday on eight additional kiddie porn charges.
Let’s learn more about the allegations against Ed De Sear, including details on where he supposedly viewed and trafficked child pornography….
The last time we wrote about a partner from Cozen O’Connor, he ended up with a “huge [bleep]hole” after sending a string of allegedly abusive emails to opposing counsel. Today, we’ve got another Cozen partner whose tale of woe with the New York court system may be liable for giving a New York judge a “huge [bleep]hole” of his own.
John McDonough, the Cozen partner in question, has accused Brooklyn Supreme Court Justice Arthur Schack of some pretty untoward actions, and has filed papers to get the judge to recuse himself from a $100 million civil case against Duane Reade.
But what could have been so offensive that it would warrant calls for a judge’s recusal? Apparently McDonough isn’t a fan of being referred to as a “piece of sh*t”….
I recently participated in a podcast for the ABA Journal on the subject of what drives partners nuts. (Here’s a link to where previous podcasts can be found. The session in which I participated won’t be posted until September 10.)
Because the podcast was supposed to analyze “what drives partners nuts,” I naturally prepared a list of things that drive partners nuts. But when we taped this session, the conversation veered away from its original focus and covered other subjects instead. That leaves me with a list of the things that drive law firm partners nuts — perfect material for a blog post! And, because this column often focuses on life as an in-house lawyer, I’ll throw in an added bonus: the in-house analogues to the things that drive partners nuts.
How can an associate drive a law firm partner nuts? Let me count my top three ways . . .
As we mentioned yesterday in Morning Docket, Judge Marcia Gail Cooke (S.D. Fla.) recently issued an omnibus order on multiple motions for sanctions in the high-profile case of Coquina Investments v. TD Bank. The plaintiff, Coquina Investments, moved for sanctions related to various alleged discovery violations.
At a contempt hearing held back in May, Judge Cooke heard testimony from employees of TD Bank and current and former lawyers from Greenberg Traurig, which previously represented the bank. She took the matter under advisement — but not before saying things like, “It is hard for me to describe in words the difficulty throughout this trial related to documents and discovery.”
Happy Fourth of July week. If you’re like me and didn’t take vacation this week, I hope you enjoy not being hassled and shopping online. If you live in D.C., I hope you are appreciating your nice, employer-provided air conditioning.
Seeing as it’s almost America’s birthday, I’m saddened to have to tell you that our president has had to withdraw his nominee to be the next ambassador to the Netherlands. I know, it’s a terrible blow, please consult with a grief counselor if you are having trouble dealing with this news.
President Obama’s nominee for this distinguished post withdrew from consideration after he was charged that most American of crimes: getting liquored up, driving around, and allegedly resisting arrest.
That’s a party in the U.S.A. It’s definitely not a Netherlands party.
And I did I mention that our guy is a Biglaw partner?
It has been a few days since our last detailed story about the largest law firm bankruptcy in history. So let’s check in on the Chapter 11 proceedings of Dewey & LeBoeuf, currently pending in bankruptcy court for the Southern District of New York.
There have been a few recent developments. For example, as we mentioned in Morning Docket, Dewey is being counseled in bankruptcy by some pretty pricey advisers.
Ed. note: This is the second column by our newest writer, Anonymous Partner. In case you missed his first post, check it out here.
If “Partner” is your only or most important title, quite frankly you are missing out. For me, it’s “Dad,” as my little man likes to say, or simply “Daddy,” to my little princess. Before you freak out about how not everyone wants children and the world is overpopulated — relax. Father’s Day just went by, and it just simply is not the time for anything other than celebrating fatherhood.
None of us would be here without a father, and I submit that each of us has been shaped by our father, whether he was a model dad, an absent one, or simply some squiggly molecules in a petri dish. For those blessed to have had an engaged father, the goal is to emulate and if possible surpass his example, while those who went without should work that much harder to make sure that their own children have something other than the pain of absence to carry with them. Biglaw partners are acutely aware of the value of time, and most that I have met wish they had more of it to give to their children.
Of course, being a dad in Biglaw means sacrifice — the financial and professional rewards come at a cost….
I worked for twenty years at the darkest of the black-box compensation law firms: No one knew what anyone else was being paid, and the firm forbade talking about compensation. Here’s the curious part: We obeyed.
I saw the raised eyebrows of partners considering moving laterally to my firm: “Right — no one talks about compensation. You guys must talk about it all the time, just like we do at my firm. It can’t be a secret.”
Wrong. We really, honest-to-God did not talk about compensation. The subject just didn’t come up.
I’ve heard second-hand that this is true for other black-box firms, too. The managing partner of a different large, black-box comp firm recently told one of my colleagues: “Once you take compensation out of the limelight and forbid people from talking about it, then people stop talking about it. The subject drops off the table.”
That sets the stage: At firms where lawyers are permitted to talk about each other’s compensation, they do. And at firms where lawyers are prohibited from talking about compensation, they don’t.
Riddle me this: In corporate law departments, we are not prohibited from discussing each other’s compensation, but we don’t do it anyway. Why is that?
The evolution of relationships between the genders continues. Currently, in law firms, there is an interesting conundrum; balancing the desire for a gender-blind workplace where “the best lawyer gets the work and advances” and the reality of navigating the complicated maze created by the fact that, in general, men and women do possess differences in their work styles. These variations impact who they work with, how they work, how they build professional connections and how organizations ultimately leverage, reward and recognize the talents of all.
Henry Ford sat on his workbench and sighed. A year earlier, he had personally built 13,000 Model Ts with his own hands. Fashioning lugnuts and tie rods by hand, Ford was loath to ask for help. Sure, there were things about the car that he didn’t quite understand. This explains the lack of reliable navigation systems in the Model T. But Ford persevered because he knew that unless he did everything, he could not reliably call these cars his own.
“Unless my own personal toil is responsible for it, it may as well be called a Hyundai,” Ford remarked at the time.
The preceding may sound unfamiliar because it is categorically untrue. And also monumentally stupid. Henry Ford didn’t build all those cars by hand. He had help and plenty of it. Almost exactly one hundred years ago, Henry Ford opened up the most technologically advanced assembly line the world had ever seen. Built on the premise that work can be chopped up into digestible pieces and completed by many men better than one, the line ushered in an age of unparalleled productivity.
Today, an attorney refers business because he can’t do everything the client asks of him.
There are three reasons why this is way dumber than a made-up Henry Ford story…
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, 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.