Ed. note: This is the latest installment in a series of posts from the ATL Career Center’s team of expert contributors. Today, from Ross Guberman, a look at lawyers’ ethical breaches and their consequences.
Quick: List all the ways you can get into ethical hot water while writing a brief, and then list all the things judges can do to you in return.
Sometimes lawyers go too far, but do judges ever overreact?
In your short and fascinating book, we meet all sorts of wayward attorneys who are in some way punished by courts for something they’ve done in a brief. One attorney called the members of an administrative board “monkeys” and compared their pronouncements to the “grunts and groans of an ape.” Another attorney neglected to mention an unfavorable case even though he himself was counsel in that case. Yet another referred to opposing counsel as “Nazis and redneck pepper-woods.” And various other attorneys drafted a proposed order with a first sentence that’s nearly four pages long, filed a complaint that the court called a “hideous sprawling mess,” cited a dissent as controlling authority, or copied another lawyer’s brief.
When you compare all these alleged ethical breaches with the penalties they provoked, what are a few of the behaviors that seem to irk judges most?
Ed. note: This is the first installment in a new series of posts from the ATL Career Center’s team of expert contributors. Today, for the benefit of newly arrived (or soon-to-arrive) first-year associates, we have some advice from Ross Guberman on writing for the toughest audience they’ll ever face.
With the help of many clients, I recently surveyed thousands of law-firm partners about the writing skills they want to see associates develop.
Across the country and across practice areas, partners agree on what they’d like to change about associate drafts. I’ve organized their responses according to my Four Steps to Standout Legal Writing. I’ve also included a fifth category that covers usage and mechanics.
A few sample responses follow.
Step One: Concision
Partners say they spend too much time cutting clutter and other distractions from associate drafts. Anything that interrupts the message — wordy phrases, jargon, legalese, redundancy, blather, hyperbole — is a candidate for the chopping block.
Last week, we found out that 52% of our readers thought it was acceptable to end a sentence with a preposition, but with the caveat that it should be avoided if possible. That’s pretty wishy-washy, folks.
This week, we’re going to focus on an issue with a supreme split in authority, and you’re going to have to choose one side or the other. You’re going to pick Clarence Thomas’ side (you’ll soon see why we wrote it that way), or you’re going to pick David Souter’s side, but that’s it. Ooh, that’s a little possessive….
So you spent a considerable amount of time courting, selling and maybe even doing some friendly stalking of that attractive lateral partner candidate with a sizable book. After he or she ignored your emails and didn’t return your calls, a few weeks go by and you read a press release in the legal media announcing the recent move to a competing firm.
Rats. Another one got away from you. You cringe when you consider how much time was spent in meetings that did not bear fruit. Your heart aches when recall how you were led to believe this was a marriage made in heaven.
You have been rejected.
The sting of rejection is painful, even for fancy law firms. But you need to find a way that you can turn this disappointment into a legitimate learning experience.
No, this isn’t a pre-party before we come back next fall for the real thing. This IS the real thing. Quinn Emanuel is pushing the envelope on recruiting. The party is now. This is when you meet the partners and associates face to face. This is when we begin the dance that could land you an offer for your second summer BEFORE school starts in the fall.
First: You come to the party. Second: If you like us, you send your resume after June 1, 2014. Third: If we like each other, you get an offer.
We’re not waiting for fall. We’re not doing the twenty minute thing. This party is the real thing!
We hope you’ll join us, and look forward to meeting you.
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: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
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