Alexandra Marchuk’s headline-grabbing lawsuit against her former firm, Faruqi & Faruqi, has generated a lot of headaches for the firm. It has given rise to some bad PR. It has created client concerns. It has distracted the firm from its mission of shaking down corporate America vindicating shareholder rights.
And is it now causing the high-profile boutique to lose lawyerly talent? Here’s what we’re hearing….
Ed. note: Frank H. Wu is the Chancellor and Dean of the University of California Hastings College of the Law. He shares some of his thoughts about legal education and the legal profession here on Above the Law from time to time.
I was talking to a reporter the other day about changes within the legal profession. She had called me to ask what types of jobs were opening up. I disappointed her. She wanted specialties offering positions that were sexy, new, and numerous.
I explained there were indeed more jobs. But I did not know any of them that satisfied all of her criteria.
There were many possibilities for her article. None of them were everything she was looking for.
That would be true for the individuals obtaining those roles as well. I recall a former colleague who used to say in response to the extravagant expectations that young people express about their careers: “That’s why we call it ‘work.’” She meant that there isn’t any reason to believe it will be fun. It is more likely to be boring, stressful, or both boring and stressful by turns if not simultaneously.
By the journalist’s standards, unless it is sexy, new and numerous, it does not register at all. That isn’t the best understanding of the universe of possibilities. Law is not intrinsically sexy….
Here was the ominous message that my colleague Joe Patrice received late last week from Georgia personal-injury lawyer Jamie Casino:
I saw the [story] you wrote about me. Good work. I got something big coming out at halftime during the Super bowl. Be sure to check it out.
I didn’t know if that was a threat, but now I see that it was a promise. We couldn’t “check it out” during the game, being up here in New York, but afterwards readers started sending us tips about an explosive lawyer ad that had played locally in Georgia.
It will likely warm the cockles of many a Biglaw heart to hear that a bunch plaintiffs’ attorneys got smacked around by a federal court for trying to steal funds from Uncle Sam. They may beat your clients — and deservedly so, since your clients were totally poisoning people — but at least they won’t be getting away with their fat paychecks. Bask in that satisfaction as you go back to your less lucrative life.
If you want to know exactly how these lawyers did it (so you know what not to do, of course), then read on.
Or if you just want to point and laugh at the irony of public interest plaintiffs’ attorneys getting tagged for failing to pay their fair share to the public coffers, you can read on for that too….
Why did we expect fireworks from discovery? Because of the lurid nature of Marchuk’s allegations, including severe sexual harassment and (effectively) sexual assault, and because of the Faruqi firm’s aggressive response, which included suing Marchuk for defamation and claiming that it was Marchuk who was obsessed with Monteverde.
But it wasn’t just another “he said, she said” type of situation. Both sides claimed that third-party witnesses and contemporaneous documents would corroborate their respective and conflicting accounts.
Discovery is now underway in the case. Witnesses have been deposed, and documents have been produced. What kind of portrait do they paint?
If you’re looking for an attorney to smite your enemies with the power of Thor, we have your man.
One lawyer vows to “pound money out of big insurance companies” on your behalf, and he’s willing to provide a visual demonstration. In a new television commercial, Georgia attorney Jamie Casino takes a hammer to those insurance companies threatening to deny plaintiffs their just compensation for everything from car accidents to dog bites.
The law firm of Seyfarth Shaw, known for its labor and employment expertise, just released its tenth annual Workplace Class Action Litigation Report. The report details the important trends in workplace litigation going into 2014 and analyzes “1,123 class action rulings on a circuit-by-circuit and state-by-state basis.”
The verdict, in a nutshell, is that the Supreme Court has bent over backward to protect businesses from these suits, but they still come up… and one category of workplace suit is even growing exponentially. Any guesses?
So what are businesses going to face out there this year?
In a sad yet crazy story, a law firm partner was shot and killed after barricading himself in his luxury condo’s lobby and opening fire on the police. Very few details are available at the time. Indeed, what remotely comprehensible motive could there be for building a mini-fortress in your lobby and baiting the police into a firefight.
Making matters worse, the partner’s young daughter was in the lobby the whole time while he embarked on the strange behavior that ultimately led to his death….
The kind of person who makes the rules about lawyer advertising through text messages.
When I find myself pontificating on lawyer propriety, you know things are bad. But a new ruling from the Ohio Supreme Court leaves me with no choice. Ohio has decided that it’s okay for lawyers to text message accident victims to advertise their services.
Can you imagine sitting in a hospital, recovering from injuries, and then getting a text message from an unknown number: “R U OK? I can get U $$$. I sue ppl 4 U!”
We live in a world where the Ohio Supreme Court said that such solicitations are “helpful.” In other news, we live in a world where old judges who don’t know what the f**k they’re talking about get to make the rules about technology they don’t understand….
Ms. JD is hosting their 2nd annual cocktail benefit to raise money for the Global Education Fund. The event will be held on August 21, 2014 at 111 Minna in San Francisco. Our goal is to raise $20,000 to fund the legal educations of four dedicated law students in Uganda who count on our support to continue their studies at Makerere University during the 2014-15 academic year.
The Global Education Fund enable womens in developing countries to pursue legal educations who otherwise would not have access to further education. According to the World Bank, investment in education for girls has one of the highest rates of return to promote development. In Uganda, more than 45% of women over the age of 25 have no schooling at all, and men are more than twice as likely as women to have access to higher education. Together, we can work to end educational inequality. For more information about the program, please visit http://ms-jd.org/programs/global-education-fund/
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.
We at Kinney Asia have made a number of FCPA / White Collar US associate placements in Hong Kong / China thus far in 2014. Most of such placements have been commercial litigation associates from major US markets, fluent in Mandarin, switching to FCPA / White Collar litigation. Some have already had FCPA experience, but those are difficult candidates for firms to find (this will change in coming years as US firms are now promoting FCPA / White Collar to their 2L summers who are fluent in Mandarin and have an interest in transferring to China at some point).
Legal Week quoted Kinney’s Head of Asia, Evan Jowers, extensively in the following relevant article here.
There is a new trend in the market, though, where mid-level transactional US associates, fluent in spoken Mandarin and written Chinese, are interviewing for and in some cases landing junior FCPA / White Collar spots in Hong Kong / China at very top tier US firms.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.