Even if what Stanley D. Rauls says to a potential witness is technically correct, somehow, the defense submits, as a result of the communication, the witness or their agent comes away unreasonably afraid. That’s the “poopyhead” part defense counsel really can’t countenance.
– Sharon Kiel, a former deputy public defender in Arkansas who showed a little personality in chastising a lawyer that she felt was intimidating a witness. She even worked emoji into her filing. Hawg Law Blawg, which recently brought us the dog-piss RFAs, uncovered this gem of yesteryear. It’s a tad unorthodox, but if you’ve got a friendly judge, why not break up the tedium of their day by giving them something fun to read?
* Alan Jacobs, Dewey’s bankruptcy trustee, says his clawback suit shouldn’t be stayed during the defendants’ criminal cases — after all, he doesn’t want their assets to dry up while they “scramble to defend themselves.” [New York Law Journal]
* Rengan Rajaratnam, Raj Rajaratnam’s little brother, was acquitted in his insider trading conspiracy case. It’s the first defeat in Preet Bharara’s financial crackdown against hedge funds. Tough break, dude. [DealBook / New York Times]
* There are many things nontraditional applicants should ask before going to law school, including, but not limited to, whether they’ll ever be able to find employment after graduation. [U.S. News & World Report]
* Oscar Pistorius’s attorney closed his defense of his client in the ongoing murder trial, and Judge Thokozile Masipa has adjourned all arguments in the controversial case until next month. [Bloomberg]
I’m writing today’s column from New York City, where I’m covering Thomson Reuters Vantage 2014, a great conference focused on mid-sized and large law firms’ use of technology. There have been fascinating discussions about how larger law firms are adapting to change and are incorporating some of the latest technologies into their IT infrastructure. Not surprisingly, however, it turns out that like solo and small-firm attorneys, large and mid-sized law firms are often just as reluctant to adopt new technologies and processes despite overwhelming evidence that doing so is the best way to stay competitive.
But the good news gleaned from this conference is that some larger firms are adapting, just as many solo and small firms are. And that’s my goal with this column: to showcase how individual solo and small-firm lawyers are using new technologies in their day-to-day practices. In the process, my columns will hopefully encourage and help other lawyers to do the same.
In today’s column I’ll be featuring Jill Paperno. Jill is a long-time assistant public defender, having worked at the Monroe County Public Defender’s Office in Rochester, New York for over 27 years. She’s currently the Second Assistant Public Defender and is the author of Representing the Accused: A Practical Guide to Criminal Defense (affiliate link). In other words, Jill is a diehard criminal defense attorney and has dedicated her life to defending our constitutional rights.
At the beginning of Superman — the real Superman, not the nonsensical slugfest from last year — General Zod and his accomplices are sentenced to the Phantom Zone for plotting a coup against Krypton’s rulers. Krypton as a whole seemed like a pretty forward-thinking place. You could tell because people wore glowing robes and robes are the universal sign of “fictional people with their collective sh*t together.” See, e.g., the Jedi, the 2688 world based on the music of Wyld Stallyns, Jesus.
Anyway, given the advanced society involved, the trial of Zod seemed a bit too Guantanamo. Zod didn’t get to mount any sort of defense and was pronounced guilty within seconds of showing up to court.
Apparently, comedian Patton Oswalt felt the same confusion and decided to provide us a glimpse into General Zod’s pre-trial prep with his public defender, “Leg-El”….
* The federal judiciary is hiring for staff and public defender positions lost during the government’s sequestration throughout the better part of last year. Ready, aim, fire those résumés! [Legal Times]
* New York Biglaw firms always manage to find their way to the top of the Am Law 100 rankings. When all’s said and done, being so close to Wall Street definitely has its perks. [Bloomberg Businessweek]
* Absolutely no one should be alarmed about the fact that Kasowitz Benson’s profits per partner have dropped by 15 percent — well, no one but the equity partners, that is. Have fun with that. [Am Law Daily]
* The managing partner of Jacoby & Meyers is worried people will think his personal injury firm is going under, not Jacoby & Meyers Bankruptcy. Either way, those commercials won’t die. [New York Law Journal]
* A professor at George Mason University Law was pepper sprayed IN THE FAAAAAACE by an unknown assailant in his classroom yesterday afternoon. We’ll obvious have more on this story later. [ARLNow]
* La Verne is the first law school to offer flat-rate tuition. There will be no scholarships and no discounts. Students will pay $25K/year, nothing more, nothing less. This is, dare we say, wise. [National Law Journal]
* “Passion over pension.” Mekka Don, the Weil Gotshal corporate lit attorney turned rapper, just released his first CD, and it’s all about leaving Biglaw to follow his dreams. Go buy it here (affiliate link). [MTV]
Lawyers may not lead the most luxurious of lifestyles, but if you’re single and looking, it’s still a profession that will make prospective dates ooh and aah. Most people in the average dating pool think being a lawyer is a road to riches, thus making these eligible bachelors even more appealing.
One non-profit organization decided to take advantage of this allure, and is holding a man auction the week before Valentine’s Day. The event will feature about 50 professional men, and 10 of them are lawyers — very handsome lawyers. The bidding opens at $75, and we bet that some of these lucky gents will be sold for well beyond their hourly billing fees.
So who is the most prestigious piece of lawyerly man meat?
Some of you are working feverishly right now. But most of you are clock-watching until the dictates of face time allow you to get out of the office. With Christmas and New Year’s falling awkwardly on Wednesdays, very little work is getting done next week or the week after. For some lucky lawyers, this is your last day of work for a week or even two.
To help you waste what’s left of the day, especially for those of you not on Eastern Standard Time, here’s a collection of funny tidbits from around the legal world.
Oh, and Professor Brian Leiter decided to rip Above the Law, so we’re going to talk about that…
* Stan Stallworth, the Sidley partner accused of sexual assault, has hired a prominent criminal defense attorney to represent him in the case while the firm stands by its man. [Am Law Daily]
* Wall Street regulators are considering approval of a formidable version of the Volcker Rule that would ban banks from proprietary trading. Voting occurs later today. [DealBook / New York Times]
* Skadden Arps has asked a judge to toss an FLSA lawsuit filed against the firm by one of its document reviewers. Aww, silly contract attorney — there’s no way you’re getting overtime pay. [Law360 (sub. req.)]
* Weil Gotshal is still leaking like a sieve. This time, Bruce Colbath, a partner from the firm’s New York office, defected to the Antitrust and Trade Regulation practice group at Sheppard Mullin. [Market Wired]
* Lawyerly Lairs, China Edition: Raymond Li, chair of the Greater China practice at Paul Hastings, just purchased a townhouse for about $95 million — and paid “mostly in cash,” homie. [Wall Street Journal]
* They’re extremely tardy to the party, but if the ABA Section of Legal Education and Admissions to the Bar gets its way, law schools will be subject to random audits of their employment stats. [ABA Journal]
* It’s a tough job that “can really beat you down,” but an organization called Gideon’s Promise just made it a whole lot easier for law students to secure jobs as public defenders in the South. [National Law Journal]
Ed. note:Matt Kaiser founded The Kaiser Law Firm PLLC, a white-collar boutique in Washington, D.C., and will now be writing a weekly column for us about white-collar practice and his adventures in building a law firm. Matt previously covered the Supreme Court for us. This is the second installment of his new column.
Suppose you’re a fourth-year associate in a litigation department in a large firm on one of the coasts. You’ve worked on a lot of different matters — you’ve done document review for commercial litigation. You put together a privilege log for some patent litigation (who says patent litigation is specialized?). You waded through documents in an FCPA case. You even got to do some deposition digesting for a reinsurance lawsuit!
You really liked your work on the FCPA document review. You noticed that the documents related to a foreign country, which sounded exotic. You could sit in your office, staring at the brick wall on the other side of the alley, and imagine that you were an extra in Casablanca, with a view toward how the world really works overseas.
Perhaps most importantly, you loved how your friends from law school reacted when you told them you were working on an FCPA matter. Cocktail parties became more interesting when people thought of you as a white-collar criminal defense lawyer, rather than the reinsurance guy. You resolved that you’d do more white-collar work and perhaps make this noble practice area the focus of your career.
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
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: firstname.lastname@example.org.
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.