Scott Greenfield

Hardly ever Every so often an interesting email comes across a lawyer listserv. The good ones are hard to find in the middle of, “Does anyone know a really fantastic and also really cheap lawyer in (some town no one’s heard of where there are no lawyers or courthouses) for my friend who got fired for being late 16 times but he says he was discriminated against,” or, “I know this question has been asked before (every week) but….,” or, “What is the best printer for a lawyer with no practice?”

And then there’s Solosez. This is the listserv for solo practitioners that has all the answers, except to many of the lawyers there who believe it is evidence of the end of the profession. Every once in a while I see an email from Solosez, sent by a young solo who wants to show me evidence of why they may off themselves. (Note: As a result of this disclosure, there will be an email on Solosez reminding members not to forward any evidence that what I’m saying is true emails to Brian Tannebaum anyone.)

Recently, in a moment of rare honesty by a lawyer, a solo wrote to tell fellow Sezzers (I did not make that up, they actually call themselves this) that they had failed at solo practice….

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Pay attention to the game when you go to the ballpark.

* If anything, baseball stadiums need less netting to prevent fans from catching foul balls. And if your six-year-old gets clocked in the head by a batted ball, it should be a lesson to wealthy fans in great seats to pay attention to the goddamn national pastime instead talking on your cell phone or watching the scoreboard or doing whatever non-baseball activity that distracted you from the 2-2 count with the lefty up at bat. [Legal Blog Watch]

* Pop quiz, law professors. What do you do? [Volokh Conspiracy]

* Here’s a great review of Mark Hermann’s book: Inside Straight, that focuses on Hermann’s use of the commenters in his material. This will provide excellent research for my own project: How I Became An Affirmative Action Walrus. [Simple Justice]

* Don’t you love how the Michigan Law walk-out on Rob Portman is now actually a bit of a thing in the VEEPstakes? [Gawker]

* It’s been a while since I studied commercial paper, but I’m pretty sure SpongeBob Squarepants coins aren’t going to pass muster. [Dealbreaker]

* Ohio tries to further regulate fracking, but efforts to frustrate fracking f**k-ups feel futile. [Fulbright Fracking Blog]

* Morrison & Foerster elects new firm leadership. [Thomson Reuters News & Insight]

* Roger Clemens was found not guilty on charges of lying to Congress about using steroids. [New York Times]

* Why did the ABA Journal kill a feature story on mentoring by Dan Hull and Scott Greenfield? The world may never know, and the world may never see the story. [Simple Justice]

* Q: What does a male lawyer do when his female secretary gives him a nice little Father’s Day gift? A: Freak out because random acts of kindness are so unusual, and then write a letter to a New York Times advice columnist. [New York Times]

* If you’ll be in D.C. this Thursday, June 21, check out this battle of the law firm bands — a fun event that we’ve covered before, as well as a fundraiser for a worthy cause. [Banding Together 2012]

* ATL readers are awesome. You guys have already been a huge help to this court reporter who almost died when he fell into the Chicago River. The family is still taking donations, and now there’s a PayPal link, so it’s even easier to lend a hand to Andrew Pitts and his family. [Kruse Reporters Blog]

* A closer look at the continuing rapid progress of predictive coding (or, as skeptics would say, our new computer overlords) in legal discovery. [WSJ Law Blog]

* New York’s “hot dog hooker,” Ms. Catherine Scalia (no, not that Scalia), was sentenced to jail. Maybe she should have deigned to sell chocolate milkshakes instead. [Gothamist]


Judge Matz

[T]his Court is compelled to find that the Government team allowed a key FBI agent to testify untruthfully before the grand jury, inserted material falsehoods into affidavits submitted to magistrate judges in support of applications for search warrants and seizure warrants, improperly reviewed e-mail communications between one Defendant and her lawyer, recklessly failed to comply with its discovery obligations, posed questions to certain witnesses in violation of the Court’s rulings, engaged in questionable behavior during closing argument and even made misrepresentations to the Court.

– Judge A. Howard Matz of the Central District of California, benchslapping federal prosecutors — and vacating the convictions, and dismissing the indictment — in a high-profile Foreign Corrupt Practices Act prosecution. (Gavel bang: Daniel Fisher.)

(Additional links and information about this case — if you do FCPA or white-collar criminal work, this may be of interest to you — after the jump.)

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Your ATL editors: Elie Mystal, Staci Zaretsky, and David Lat.

Thanks to everyone who came out last night to attend the Above the Law holiday party. (We’d call it a Christmas party, but Christmas got stolen by the Ninth Circuit.)

The festivities were extremely well-attended. Temperatures in the packed bar at times approached the hotness of the Cravath bonus scale — for 2007. Thanks to our fabulous sponsor, the Practical Law Company (PLC), for such a great evening.

Here on the internets, some people like to say “WWOP.” So let’s get some pics up in this joint….

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On Thanksgiving Day, while you were enjoying your turkey (or tofurkey), we wrote about a different bird: namely, the ostrich. In a somewhat snarky opinion, Judge Richard Posner of the Seventh Circuit compared a lawyer appearing before him to an ostrich: “The ostrich is a noble animal, but not a proper model for an appellate advocate. The ‘ostrich-like tactic of pretending that potentially dispositive authority against a litigant’s contention does not exist is as unprofessional as it is pointless.'”

Ouch. Judge Posner even included a photo (above right) of a man in a suit burying his head in the sand.

What did the lawyer in question, David “Mac” McKeand of Houston, have to say for himself? And what did McKeand have to say about Judge Posner?

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The 'scamblogging' law professor has revealed himself.

Earlier this month, we wrote about an anonymous law professor — a tenured professor, at a top-tier school — essentially joining the ranks of the law school scambloggers. Writing over at a site entitled Inside the Law School Scam, under the pseudonym LawProf, the author offered a harsh indictment of legal education, purportedly from within the ivory tower.

I believed that the author was who he said he was, but others did not. Professor Ann Althouse, for example, opined that the blogger was a student, “uncharitably projecting thoughts onto [a] professor” (who talked about how little he, and his colleagues, prepared for teaching). Professor Althouse explained that she thought was student-written, “because it had some bad writing and simplistic thinking.”

Well, as it turns out, LawProf is an actual tenured law professor, at a top 50 law school. Who is he, and where does he teach?

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* A federal judge in Kansas has given Planned Parenthood’s Abortionplex a new lease on life. [WSJ Law Blog]

* What? A former Supreme Court clerk who got passed over for a job at a law school? Nicholas Spaeth, who’s also the former state attorney general for North Dakota, is suing the Michigan State University College of Law, for age discrimination. [The BLT: The Blog of Legal Times via SBM Blog]

* Interesting thoughts from Scott Greenfield on making executions public. I certainly don’t oppose more-comprehensive coverage of the criminal justice system in general. [Simple Justice]

* Elsewhere in criminal justice news, should prisons be run on a voucher system? Dan Markel offers some thoughts on Sasha Volokh’s interesting proposal. [PrawfsBlawg]

* An interesting profile of Alan Gura, the celebrated Second Amendment litigator, by a fellow small-firm lawyer, Nicole Black. [The Xemplar]

* Hopefully this will all become moot after a deal gets done, but remember the Fourteenth Amendment argument for Obama unilaterally raising the debt ceiling? Jeffrey Rosen thinks a lawsuit against Obama would get kicked for lack of standing — or might even prevail. [New Republic]

* But Orin Kerr believes that a recent SCOTUS case might change the analysis. [Volokh Conspiracy]

* Howrey going to pay all the creditors? A lot turns on how some contingency-fee cases turn out, according to Larry Ribstein. [Truth on the Market]

* From in-house to the big house: former general counsel Russell Mackert just got sentenced to more than 15 years in prison for his role in a fraud scheme. [Corporate Counsel]

* Keep It Simple: a commendable theme for Blawg Review #313. [Patent Baristas via Blawg Review]

Ed. note: This is the latest installment of Inside Straight, Above the Law’s new column for in-house counsel, written by Mark Herrmann.

Is blogging a useful business development tool?

The folks who sell blogging platforms to lawyers say that blogging is the route to riches. But bloggers themselves are far less certain whether blogging actually generates business. What’s the truth?

Let me start with my personal experience; I’ll conclude with a thesis. The personal experience is just the facts — what I did as a blogger, how successful the blog was, and how, if at all, I profited from the experience. (I’ve previously recited parts of this story in both the print media and elsewhere. I’ll try to add a few new thoughts here.)

What did I do as a blogger? For three years — from October 2006 through December 2009 — while I was a partner at Jones Day, I co-hosted the Drug and Device Law Blog with Jim Beck, of Dechert. We wrote almost exclusively about the defense of pharmaceutical and medical device product liability cases. We affirmatively chose to have the blog co-hosted by partners at two different firms, for two reasons….

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Ed. note: Adrian Dayton is a lawyer and writer who advises law firms about business development through social media.. He will be writing a series of guest posts for Above the Law about social media.

Bureaucracy destroys initiative. There is little that bureaucrats hate more than innovation, especially innovation that produces better results than the old routines. Improvements always make those at the top of the heap look inept. Who enjoys appearing inept?

— Frank Herbert, Dune

“Don’t turn the TV off!”

My Dad insisted he was recording the football game.

“Well, can I at least change the channel?”

“No.”

What my father didn’t understand is that the VCR could record his game, even if the TV was displaying a different show. For those who don’t remember the old invention called the VCR, it could record one show while you watched another on the TV. It could even record the show while the TV was not on. That completely blew my father’s mind, so just to “be safe” he left the TV on and kept it on the channel he was recording.

Technology and social media can be scary to the ruling class, and we even see that among the legal blogosphere. Take one of my favorite law bloggers, Scott Greenfield….

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