Many of our readers get highlights from Above the Law in their inboxes every day. Our ATL Newsletter spotlights our top content from the day, so you’ll never miss the story that everyone is talking about.
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Today we have news of another lawyer leaving the Chicago office of Sidley. But this departure reads more like a mystery novel than a memoir. Let’s find out who’s leaving, even if we don’t yet know why….
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: 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: email@example.com.
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 firstname.lastname@example.org or email@example.com. 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:
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● 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!