There’s no better way to introduce this story than by reprinting the opening paragraph of the Sixth Circuit opinion by Judge Raymond Kethledge (citation omitted):
There are good reasons not to call an opponent’s argument “ridiculous,” which is what State Farm calls Barbara Bennett’s principal argument here. The reasons include civility; the near-certainty that overstatement will only push the reader away (especially when, as here, the hyperbole begins on page one of the brief); and that, even where the record supports an extreme modifier, “the better practice is usually to lay out the facts and let the court reach its own conclusions.” But here the biggest reason is more simple: the argument that State Farm derides as ridiculous is instead correct.
‘Congratulations on your offer! Take your time deciding.’
The weather here in New York is turning nice and crisp; Sunday is the first day of fall. But because on-campus interviewing gets underway earlier and earlier, “fall recruiting” is almost over for many law students. Those who are lucky enough to be fielding multiple offers for 2014 summer associate positions are now deciding where to go.
But some students are still making up their minds. And one leading law firm wants them to decide faster — or else….
UPDATE (5:40 p.m.): We’ve added comment from the firm below.
By now, many of you have heard about or seen the video of a Clifford Chance “trainee lawyer” making some unfortunate remarks that could be construed as his views about the practice of law. The video has received coverage on both sides of the Atlantic, and it could cause the young lawyer to lose his training contract with the firm — i.e., his job.
But should it? Let’s check out the clip, which gives new meaning to the term “Downfall Video,” and discuss its career implications for the trainee in question….
We’re in the middle of law firm interview season. We’ve offered you both cheerful and depressing takes on the summer associate recruiting process.
Speaking of depressing things, interviews are frequently followed by rejection. Trust me, I know; I’ve received many rejections over the years. I recently contributed one of my “favorite” rejection letters to an online compilation (see page 27 of the pamphlet, or page 15 of the PDF, reprinted with the permission of Justice Scalia).
That was a kind and gracious rejection letter, which is what you’d expect from a genteel institution like the U.S. Supreme Court. When Biglaw firms turn your dreams to shame, they aren’t quite as nice….
The day after the July 2013 bar exam concluded nationwide, we broke the news about a young woman of Muslim faith who was taken to task by a proctor over her religious headwear, a hijab. The proctor didn’t approach the examinee before testing on the Massachusetts exam started, or even during the lunch break — instead, the proctor passed her a note during the morning session of the exam, instructing her to remove her headscarf (even though the examinee had already received approval to wear it).
To interrupt someone during the bar exam and break their concentration over something that could’ve been taken care of when testing was not in session is not only incredibly rude, but also incredibly stupid. This is a professional exam that will determine if and when a person will be able to start their legal career. Why do something that could put their chances of passing in jeopardy? On top of that, why do something that could make it look like this was religiously motivated? This was a bad move on many levels.
The bar exam is next week tomorrow. Good luck, test takers. I hope you guys are firing on all cylinders as you prepare for this important test.
Certainly, the people who administer the exam are ready to bring their unique brand of pathetic administration to your big day.
I feel like every year, the New York Board of Law Examiners competes with the New Jersey Board of Law Examiners to come up with the biggest exam screw-up of the season. NY BOLE holds the all-time lead — they once accidentally released the entire pass list online, then tried to pull it back and to deny the accidental release. Of course, New Jersey once lost the exams, so it’s a pretty close race.
This year, New York is taking the early lead in the clubhouse. It appears that NY BOLE doesn’t know how to use the “Bcc” field when emailing test takers with their personal exam ID numbers. So, that’s pretty embarrassing….
Imagine returning home from vacation and finding your home cleaned out. The thieves grabbed all the furniture, all the gadgets, all the kitchenware, and left you nothing. That’s what happened to an Ohio woman recently, and the police are refusing to help.
That’s because the perpetrator was First National Bank. Except Katie Barnett was not behind on her payments; the bank just repossessed the wrong house.
Fair enough. Mistakes happen. The bank is going to pay her back though, right?
What Mr. [Richard] Trenk did was so egregiously sloppy that I’m told his name is entering the legal lexicon: “To Trenk” means “to show a lackadaisical attitude toward the law, with catastrophic results for the client.” A usage example might be: “We were doing great until the lawyer missed the filing deadline and Trenked the whole case.”
Mayor Michael Bloomberg takes a lot of heat. From the smoking ban, to the soda limit, to the bike share program, it seems like nothing he supports can avoid polarizing the public. I’m not defending every idea that the diminutive Mayor Tyrion proposes, just noting that every idea gets a lot of flack.
Bloomberg is so opposed in some corners that a Biglaw firm has taken directly contradictory positions against the city just to stick it to Bloomberg. And like many of Bloomberg’s rivals, the firm got smacked down by the courts.
It didn’t help the anti-Bloomberg brigade to submit a filing complete with some embarrassing typos…
Late Friday afternoon, we got multiple tips that a major law school had axed its admissions director and turned over the whole department to a 3L.
Why would the school fire a long-time admissions director while still chasing down prospective students? Why did the school tap a student to run the program? Does this represent a philosophical shift to bring the admissions process closer to the live student experience? Is this a completely Mickey Mouse operation?
But after some poking around, the whole thing got crazier. The school claimed it hadn’t made any personnel changes, but tipsters kept forwarding us emails sent from the school to prospective students that identified the 3L as the “Interim Director of Admissions.”
Now we had something. Either a law school cover-up (or screw-up), or a rogue 3L with delusions of grandeur (if you define “grandeur” as “director of admissions at a law school”)…
The evolution of relationships between the genders continues. Currently, in law firms, there is an interesting conundrum; balancing the desire for a gender-blind workplace where “the best lawyer gets the work and advances” and the reality of navigating the complicated maze created by the fact that, in general, men and women do possess differences in their work styles. These variations impact who they work with, how they work, how they build professional connections and how organizations ultimately leverage, reward and recognize the talents of all.
Henry Ford sat on his workbench and sighed. A year earlier, he had personally built 13,000 Model Ts with his own hands. Fashioning lugnuts and tie rods by hand, Ford was loath to ask for help. Sure, there were things about the car that he didn’t quite understand. This explains the lack of reliable navigation systems in the Model T. But Ford persevered because he knew that unless he did everything, he could not reliably call these cars his own.
“Unless my own personal toil is responsible for it, it may as well be called a Hyundai,” Ford remarked at the time.
The preceding may sound unfamiliar because it is categorically untrue. And also monumentally stupid. Henry Ford didn’t build all those cars by hand. He had help and plenty of it. Almost exactly one hundred years ago, Henry Ford opened up the most technologically advanced assembly line the world had ever seen. Built on the premise that work can be chopped up into digestible pieces and completed by many men better than one, the line ushered in an age of unparalleled productivity.
Today, an attorney refers business because he can’t do everything the client asks of him.
There are three reasons why this is way dumber than a made-up Henry Ford story…
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, 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.