These things do happen, but they’re usually one-time occurrences that would otherwise be missed by the members of the legal community, if not for our coverage here at Above the Law.
On the other side of the coin, when you screw up so many times that a federal judge feels the need to publicly excoriate you with the ultimate insult — by comparing your work to that of a pro se litigant — maybe it’s time to hang your head in shame for the rest of your days…
The truth, the whole truth, and nothing but the truth.
Legal secretaries and other support staffers aren’t the only folks getting exiled from Biglaw. Partners who lie on their résumés are getting shown the door too.
In the prestige-soaked precincts of Biglaw, the pressure to inflate one’s credentials is understandable. Once you’re above a certain threshold, the quality of legal work can be hard to judge. In other fields of endeavor, you either can do it or you can’t — write code for a specific program, execute a triple Lutz, surgically reattach a severed hand (my dad can do this, in case you ever need his services).
In law, many people can write a brief or negotiate a contract. It then becomes a matter of how well you can do these things — and pedigree inevitably colors the evaluation of the legal services rendered.
In light of all this, a lawyer’s lying on his CV might be understandable — but it’s still a firing offense. A Biglaw partner learned this lesson the hard way….
Have you ever sent an email to the wrong person? I remember sending co-defendant’s counsel a random musing about my office because Microsoft Exchange autocompleted the address to the name partner I was working with rather than the associate sitting down the hall with the same first name. Thankfully, my musing was not damaging or uniquely embarrassing.
The same cannot be said of this lawyer. After a state supreme court heard oral argument on his case, he wrote the lawyers who argued the case and questioned the wisdom of the jurists.
But, of course, he also sent it to the court’s chief justice….
Look, typos happen. No matter how vigilant a proofer is, a typo will eventually slip through. Anyone can type “they it is” or “raceism” once in awhile. As long as the meaning is still clear, there’s not a reason to harp on the person unless you’re just a petty person desperate to use another person’s misplacement of a letter as an affirmation of your life.
So I don’t want to lay scorn on the lawyer or paralegal or court clerk who committed this error. But when a typo in the very title of the filing creates a slur, it’s snicker-worthy.
Here’s a filing that opposes summary judgment “on all the c**ts” of the complaint….
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….
Ms. JD is hosting their 2nd annual cocktail benefit to raise money for the Global Education Fund. The event will be held on August 21, 2014 at 111 Minna in San Francisco. Our goal is to raise $20,000 to fund the legal educations of four dedicated law students in Uganda who count on our support to continue their studies at Makerere University during the 2014-15 academic year.
The Global Education Fund enable womens in developing countries to pursue legal educations who otherwise would not have access to further education. According to the World Bank, investment in education for girls has one of the highest rates of return to promote development. In Uganda, more than 45% of women over the age of 25 have no schooling at all, and men are more than twice as likely as women to have access to higher education. Together, we can work to end educational inequality. For more information about the program, please visit http://ms-jd.org/programs/global-education-fund/
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.