Plaintiffs’ lawyers

Raise your hand if you’ve been to Marshall, Texas. It’s on the eastern edge of the Lone Star State, not far south from Springdale, Arkansas, where Jim Bob and Michelle are raising 19 kids (and hopefully no more), and just west of Monroe, Louisiana, where the Robertsons play whack-a-duck every fall.

I see a few hands raised. Vacationing in Marshall, perhaps? No? Visiting family? No?

Then, I bet you’re patent litigators….

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Well, it’s only taken a week for ExamSoft to go from a random company whose name you couldn’t remember one week after the bar exam to “ExamSoft: Destroyer Of Worlds.” Today we can report that the first lawsuit has been filed against the company. It won’t be the last.

This is going to be a fun ride, and we are only at the beginning. By next week I predict the counter-narrative to get rolling. Maybe a dean will pen a New York Times op-ed about how kids these days, with their computers and text machines and MyBooks, don’t know how to take “personal responsibility.” Somebody will say that it is the test takers’ fault, for buying a program and having the audacity to believe that it would work as intended.

Looking deeper into my crystal taco, as lawsuits proliferate, there will be a circuit split. The Second and the Seventh will affirm decisions against ExamSoft, while the Third and Fifth will reverse. The Third will say that we need to learn a powerful lesson about our over-reliance on technology, while the Fifth will hold that a reasonable person wouldn’t try to write an essay in the clouds: “that’s pure hogwash,” it’ll say.

Eventually this will get to the Supreme Court, which will rule, 5-4, to relieve ExamSoft of liability. Writing for the majority, Justice Alito will argue: “When a person, such as ExamSoft, fails so spectacularly in its duties, the key question is to determine if that person is a man or a woman. If male, the person’s own sense of shame will be punishment enough. But if female, the Court must teach a lasting lesson. Here, we find ExamSoft to be a male person, and therefore must reverse the trial courts. The students should clearly incorporate themselves if they wish to pursue further remedies.” Concurring in part, Scalia will tell us that the bar has become too easy of a test and ExamSoft merely introduced a greater barrier to entry. Breyer’s dissent will be something like: “I was robbed once just like these test takers and, goodness gracious, it was scary.”

Okay, you’re welcome. Now that we all know where this thing is going, we can savor the wonderful journey together. Let’s look at the first lawsuit….

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Chum’s in the water, folks. And here come the sharks.

Since we first learned that ExamSoft ruined the otherwise relaxing experience of taking the bar exam, we’ve anticipated lawsuits. You can’t piss off all the would-be lawyers you can get your hands on and expect to come through un-served. It is known.

One person on Twitter put it this way: “Numerosity, commonality, typicality, adequacy: Pretty sure all harmed #barexam takers could form a class action against @ExamSoft.”

This law firm is happy to get that ball rolling…

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As you know, in this column I examine how individual solo and small-firm lawyers are using new technologies in their day-to-day practices. Hopefully, my columns will encourage and help other lawyers to do the same.

In today’s column you will meet Mitch Jackson, a California personal injury attorney, and will learn how he uses the wearable technology Google Glass in his law firm. Mitch founded his law firm, Jackson & Wilson, Inc., with his wife in 1988. Since then they’ve dedicated their practice to representing victims of personal injury and wrongful death.

It’s entirely possible that you’ve already heard of Mitch. Whether on Twitter, LinkedInFacebook, or YouTube, he has an incredibly strong social media presence. Most recently, part of his online focus has been on his use of Google Glass in his law practice. So of course he immediately came to mind when I conceived of the idea for the column. I knew I had to reach out to Mitch and explore how he uses Google Glass in his practice — and whether the technology is actually useful or whether it’s too nascent to be particularly helpful for lawyers.

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Over the last few weeks, I have been researching law firms and businesses with in-house legal departments. I checked each firm to see if they hired anyone from my alma mater or a comparably ranked school. I also checked the firms’ rankings both in certain specialties and their overall profitability.

Then I tried something more difficult – finding employee turnover rates and overall employee satisfaction. This information is important to me but is pretty much impossible to get without deeper digging and contacting people. The career counselor I talked to gave me some names of people who may be able to get more detailed information. If there was one thing I learned in law school, it was to find the negative information yourself because you should never trust the numbers on a company’s sales presentations and recruiting materials.

After the jump is a small sample of the prospective firms I researched, listed in no particular order.

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A large part of my practice is helping people in trial present their cases with technology. Whether it’s just using a trial presentation program such as inData’s TrialDirector, or developing case themes and graphics to tell the story, it can get pretty pricey sometimes.

Last year in Las Vegas, Richard Suen won a little over $100 million in a jury trial, and the judge gave him back his $593,000 that he spent on his trial presentation.

But, that’s not a lot of help to those who can’t spend six figures on trial presentation to begin with. Naturally, one of the questions I get asked the most is whether you can do awesome trials for cheap. Of course you can….

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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….

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Jamie Casino has been on a roll. First he beat insurance companies with a sledgehammer from what appeared to be the set of Book of Eli, and then he forever answered the question, “What if Metallica made a personal injury lawyer ad?” — in a Super Bowl commercial that went viral.

He’s really raised his game. I mean, he didn’t always make commercials out of smoke pots and awesome.

And now he’s hit another milestone. Because the sign of a truly great artist is not the work of art itself, it’s inspiring others…

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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….

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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.

And he dresses like a badass while doing it, too…

double red triangle arrows Continue reading “Hilarious Commercial Alert: Attorney Smashes Insurance Companies — With A Hammer!”

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