* Should a widow be able to extract sperm from the body of her husband, who recently committed suicide, so she can have a child with him? Some thoughts from Professor Glenn Cohen of Harvard Law. [Bill of Health]
* Speaking of suicide, controversy over the prosecution of the late Aaron Swartz rages on. [How Appealing and Instapundit]
* Professor Ann Althouse isn’t a fan of the “if we can save one life” argument for gun control. [Althouse]
* I don’t know anything about football, but even I chuckled at this. [Life in Biglaw]
* Wait, auditors agree that auditor letters are pretty much a waste of time, but they still want them anyway? As I learned in Civ: “The only thing that saves us from the bureaucracy is inefficiency.” [Going Concern]
* Yes, the legal world is still buzzing because one of the nine most powerful people in America deigned to utter a few words in court. I hope Justice Thomas appreciates that his obituary is going to prominently include references to his confirmation hearings and his well-documented muteness. [ZombieLaw]
* Bottom line, I don’t want to be on the side of praising SEC enforcement actions. [National Law Journal]
* I hope Obama is well armed, because the only thing that stops a politician in the pocket of the gun lobby are the people holding their votes to the heads of their Congressmen. [Blog Briefing Room / The Hill]
* Same-sex marriage should be legal because gay people should be allowed to save money too. [The Atlantic]
It’s the last day of December, so it’s a good time to look back on the year that was. We’ll do what we’ve done for the past three years (wrap-up posts from 2009, 2010, and 2011 can be found here, here, and here) and identify the ten biggest stories of the past year as decided by you, our readers. With the help of Google Analytics, we’ve compiled a list of our top ten posts for 2012, based on traffic (as represented by pageviews).
By the way, for the third year in a row, the most popular category page on Above the Law was Law Schools. People have now been intensely focused on the declining value proposition of going to law school for as long as it takes to earn a Juris Doctor degree. Isn’t it time that we graduate from the current educational model?
The second and third most-popular categories on ATL in 2012 were Biglaw and Bonuses. Although this year brought us the largest law firm failure ever, nearly all other firms indiscriminately doled out offers to summer associates, and bonus season looked better for the first time in years. While the legal profession is still in transition, things are certainly looking up, and through the highs and the lows, we’ve been there to cover it all.
So what were the ten most popular individual posts at Above the Law in 2012? Let’s find out….
The year is quickly drawing to a close, but we have unfinished business to conduct here at Above the Law. Come on, people, we still have to crown our Lawyer of the Year for 2012.
Thank you to everyone who responded to our call for nominations, in the comments or via email. We’ve narrowed down the nominees to a field of nine (although you’ll see only eight options in the poll because one is a joint nomination). As in past years, the contenders run the gamut from distinguished to despicable.
Remember Judge Wade McCree? How could you not! He’s the Michigan jurist who received our Judge of the Day honors back in April for sending nearly-nude photos of himself to one of his female bailiffs via sext message. When confronted with the issue, McCree told a Fox Detroit reporter he had “no shame in [his] game.” When confronted by the Michigan Supreme Court, McCree was issued a censure for bringing shame to the judiciary, if not himself.
Now, you’d think that the good judge would clean up his act after a brush with the law, but of course, you’d be wrong. We wonder if he’s got any shame in his game now that his alleged affair with a litigant has been exposed for all the world to see.
And you really won’t believe where this woman claims they got it on, repeatedly….
Since we published, the story has gone everywhere. The Huffington Post weighed in, and so did the New York Times. I’m glad so many people are finding out that working at one of the top law firms in the world is really difficult. Welcome to our world — they’re not paying people $160,000 and up to work from 9 to 5.
But one disturbing trend in the coverage of this story is the move to blame the husband. Ms. X’s husband only appears once in her tick-tock:
7:45pm: Negotiate with husband over who will do bathtime and bedtime routine; lose
That line has led to rampant speculation about the deadbeat loser Ms. X must be married to. Vivia Chen of The Careerist had one of the more restrained slams on this guy: “Not to be presumptuous, but I think we should all chip in for some negotiation courses for this poor woman. I realize we don’t have all the facts, but her husband seems to be getting away with murder.”
Well, you know what? I’ve been a Biglaw associate, and a Biglaw spouse, and let me tell you, it’s not as easy as it looks. Just because a lady “loses” the negotiations on domestic chores doesn’t mean that she’s married to a sexist pig, and it doesn’t mean the guy is “getting away with murder”….
Not pictured: the Biglaw train barreling towards this family.
I’ve read this departure email three times this morning, all while a sleeping six-week-old snores up at me. It’s a departure memo where a Biglaw associate kind of admits that she can no longer juggle the demands of parenthood and the demands of being a Biglaw lawyer. In a way, it’s heartbreaking. I don’t know this woman, and I don’t know what her hopes and dreams are or might have been, but it shouldn’t be so damn hard — in the richest country on Earth — to have a big-time job and be a loving parent. The struggles highlighted by this woman make me sad as a new parent myself.
In another way, this memo is uplifting. You can’t have it all. When you finally come to accept that, it’s liberating. You don’t have to feel like a bad employee or a bad parent for not being able to do it all. As Al Pacino says in the Devil’s Advocate: “Guilt is like a bag of bricks, all you gotta do is set it down.”
So, take a look as one woman bows out of the rat race….
* What do Dolce & Gabbana have in common with Al Capone? No, not their impeccable fashion sense… [Fashionista]
* Keith Magness, the attorney accused of masturbating on his female colleague’s desk chair and dry cleaning, settled a lawsuit stemming from his allegedly unseemly behavior. I’ve said it before, but it bears repeating. Eww, eww. Gross. Eww. [NOLA.com]
Last month, a commenter responded to one of my posts with something to the effect of, “I knew your writing would start to suck once you had a kid.”
That statement, I think, will inevitably end up being true. How can anybody possibly be focused at work when they have a newborn at home? I’m writing this post while my three-week-old baby is sleeping in a rocker next to me. That means that I’m, at most, paying about 30 percent attention to what I’m writing. I don’t have a fun Argo reference for you, because instead of seeing the latest movie event of the fall, I spent the weekend trying to lower my diaper changing time. Right now, I’m about as engaged with this post as Obama was engaged in his debate with Mitt Romney.
And my kid is only three weeks old, which means he’s still functionally immobile. What’s going to happen when he’s crawling around? What’s going to happen when my Jamaican nanny — if you have some info on good, “cost-effective” child care, let me know — is calling me to ask if it’s okay if he eats the dog’s treats?
Yeah, I think my job will suffer. And my “job” involves coming online and making law students cry. I don’t have to structure billion-dollar deals or even key-cite an opinion.
So I have to ask all these people who claim they’ve achieved some kind of work/life balance, and that they “have it all” — what the f**k are you talking about?
Hello. How are you guys? Working hard? Getting ready for the season of bonuses and profit distributions? Realizing that 3L year is just as useless as I’ve always said it was? I hope all is well.
You might have noticed that I was away last week. That’s because at 10:59 p.m. on September 24th, my wife gave birth to a healthy baby boy. Here’s my son, Claudius Elie Charles Mystal:
He’s a Libra, which means he’s supposed to have an affinity for lawyering. Don’t worry, I’ll make sure to crush any law school dreams early on. Actually I’ve already got to start thinking about getting him into preschool. Bloomberg now has people going to school once they’re six weeks old.
Since I’ve got so much stuff to do, I’ll be out a couple more weeks. I’ve already learned that having a newborn is like going to jail in The Wire: you only lose two minutes of sleep, the minute you wake up and the minute before you get back to bed.
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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.
Deal flow has clearly picked recently up for most US associates, counsels and partners in Hong Kong/China and Singapore. We are on the phone with a lot of these folks on a daily basis, many of whom we have known for years. Further, the head of our Asia team, Evan Jowers, and Kinney’s founder and president, Robert Kinney, frequently meet in person with leading US partners in Asia to assess their needs and keep on top of the inside scoop at as many firms as possible. The need for legal recruiting help in Asia from experienced recruiters appears to be live and well. In March, Evan and Robert were in Beijing at such meetings, in April, Evan was in Hong Kong, and for half of June Evan will be in Shanghai and Hong Kong. Thus its pretty easy for us to tell when there has been an across-the-market pick up in capital markets and corporate work.
On an average day in Asia when Evan and Robert visit firms, they typically have 5 to 9 meetings a day, mostly with US partners in the market. The reason they have these meetings is not simply because Kinney makes a lot of US attorney placements in Asia and that a particular firm may have openings; instead these are just visits with friends. After years of working together as business partners, the folks at Kinney are actually these peoples’ friends. The firms Kinney work closely with in Asia (which is just about every law firm – call us if you want to know the one firm in the world we will never place anyone with again, ever, and why) look forward to the visits, or at least act like they do. After seven years in the market, many of the client partners are former associate candidates. Also, these US partners see Kinney as a very good source of market information as well, because they know how deep their contacts are in the market and how frequently they are speaking to counterparts at peer firms.
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
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