The hot topics in jury misconduct these days are mostly about jurors who over-share or over-research cases on the internet or social media. Everyone is legitimately concerned about what jurors find online about the cases they hear. Sometimes big-time attorneys even get lambasted by judges for allowing certain information to be published in the media — even though jurors have already been instructed not to look at at any press.
But that doesn’t mean old-school water-cooler gossip has disappeared from the list of headaches uncooperative jurors can cause. In Florida this week, a high-profile, extraordinarily slow-moving murder case was delayed yet again after the judge dismissed the entire jury selection pool because of excessive pick a little talk a little cheep cheep cheep…
Is the bar exam like a rat race? Well, when there are actual rats in the building....
If you just completed the 2012 bar exam, congratulations. For many of you, the bar exam will be the last test you ever take in your life. How good does that feel?
Special congratulations to those of you who just emerged from three days of bar exam misery, either because you took the bar in a state with a three-day test or because you took the bar in two different states. I took the New York and New Jersey bar exams back to back — and I had to take New York up in Albany, which meant hours of driving with a fried mind — so I feel your pain.
Pain and the bar exam go hand in hand. Earlier this week, we shared with you bar exam horror stories from Virginia and North Carolina.
Today we have many more bar exam dispatches. Read on for stories of horror and heroism, reports of rodents and other creepy critters, and claims of shady behavior….
UPDATE (7/27/2012, 11 AM): Please note the UPDATE appended below regarding the Virginia bar exam.
If you are going to use an excuse for failing the bar exam, it better involve one of these.
The bar exam, Eli my boy. You see, you have a bar exam that is full of sorrows, and I have an internet connection that’s like a straw. You see, are you watching? My internet connection straw reaches across the country and starts to drink your tears milkshake. I drink your tear-shake. I drink it up!
Sorry, I’m not sure why I feel like a traveling oilman today, but I have spent some time drilling in the ATL Inbox for fun stories about things that happened during the first day of state bar exams.
There are some good ones floating around… and by “good,” I mean the kind of crap that will undoubtedly affect the performances of some test takers.
But hey, last year a woman went into labor and delivered her baby after the test and still passed. So I don’t want to hear any excuses — not even from the guy I’m about to tell you about, who had a seizure and had to be carried out on a stretcher….
* Bankruptcy blues: “No one is getting a free pass.” Howrey going to start clawing back all of that money from our former partners and their new firms? Dewey even want to get started with this failed firm’s D&L defectors? [Am Law Daily (sub. req.)]
* Way to show that you’ve got some Seoul: Ropes & Gray, Sheppard Mullin, and Clifford Chance were the first Biglaw firms to receive approval from the Korean Ministry of Justice to open the first foreign firm offices in South Korea. [Legal Week]
* This is supposed to represent an improvement? Pretty disappointing. The percentage of women holding state court judgeships increased by a whopping 0.7 percent over last year’s numbers. [National Law Journal]
* Throw your birth control pills in the air like confetti, because a judge tossed a lawsuit filed by seven states that tried to block the Affordable Care Act’s mandatory contraception coverage provision. [Lincoln Journal Star]
* “[S]omewhere along the way the guy forgot to tell the seller that he was working with the buyer.” Duane Morris was sued for negligence and breach of fiduciary duty for more than $192M. [Thomson Reuters News & Insight]
* Please don’t Google me, bitches. Brandon Hamilton, Louisville Law’s ex-assistant dean for admissions, resigned Monday after overpromising $2.4M in scholarship money to incoming law students. [Courier-Journal]
* A New Hampshire college is offering free tuition to students in their junior year if they combine their senior year with their first year at the Massachusetts School of Law. The catch? Mass Law is unaccredited. [NHPR]
Ed. note: This is the latest column by our newest writer, Anonymous Partner. In case you missed his prior posts, check them out here and here.
I really enjoy the writing of Dr. Atul Gawande, the New Yorker contributor who is also a practicing surgeon. For one thing, surgeons are very interesting creatures — in many ways, they are the trial lawyers of the medical field. Just like trial lawyers (and generally litigators who do more than just brief writing), surgeons need to acquire certain basic technical skills, but the true measure of their value lies in their ability to achieve, through the exercise of leadership and artistry, a favorable result for the client or patient. And just as it takes years of residency and fellowship for surgeons to transition from technical proficiency to artistry, so too must the aspiring Biglaw first-chair trial lawyer undergo a seemingly interminable apprenticeship on the road to courtroom glory. (At least surgeons never lack, due to the frailty of the human body, practice subjects. Biglaw trials are harder to come by — but that is an issue for future exploration.)
Back to Dr. Gawande — something he recently prepared caught my eye. In early June, Dr. Gawande was invited to give the commencement address at Williams College, and his remarks were posted on the New Yorker’s website shortly afterwards. In his talk, Dr. Gawande argued that avoiding catastrophic outcomes — e.g. a stalled career, a Dewey, etc. — is possible, but only if the decision-makers are capable of recognizing the risks of their current paths and able to practice the “art of rescue”….
If you sent a document to the Engineers in Prometheus in .docx, they would say, 'Kill the one who expects us to convert.'
When most people call lawyers “paper pushers,” they mean it in a pejorative way. But pushing paper around correctly, in an organized and detail-oriented fashion, is a big part of a lawyer’s job. Some might say it’s the most important part of the job. The best lawyers have an attention to detail that can only be matched by research scientists and portrait artists.
If you can’t bring that maddening, borderline obsessive-compulsiveness to the little things, you might not be able to do things like become an awesome Supreme Court clerk — or even make it onto your school’s law review. That’s okay; you still might have other talents. But good lawyers can follow instructions (or afford secretaries who can follow instructions).
It’s an important lesson that three kids who got booted from their school’s law review competition just learned the hard way…
One of McDaniel’s lawyers, Franklin J. Hogue, argued that the bond was “excessive,” claiming that the McDaniel family couldn’t afford more than $150,000. The prosecution countered that the family’s financial picture might have changed since the passing of McDaniel’s grandfather, Hollis Browning, back in April. According to Floyd Buford, another lawyer working for McDaniel, Browning’s will remains to be executed. In the end, the judge left bail as is — meaning McDaniel will remain in jail for the foreseeable future.
Now let’s hear the good news for the defendant. It relates to that disturbing internet posting that the prosecution attributed to Hacksaw McDaniel back in April….
Poser encouraged everyone to examine the state of legal education in flyover land, claiming that a second look might result in surprising findings. Well, we decided to take her advice. We learned that, in addition to boasting an out-of-this-world space law program, the law school is also on the cutting edge of cybersecurity.
Actually, that’s not true at all, because Nebraska Law (along with other parts of the university) just experienced a major security breach of its student information system. If you’re a current or former student, you might want to check and see if your identity has been stolen….
Is Snooki in charge of grading bar exams in New Jersey?
If I turned on MTV and found out that the cast from the Jersey Shore had been given the “challenge” of grading the February 2012 New Jersey bar exam, I wouldn’t be surprised. I’ll say that again: SNOOKI COULDN’T DO A WORSE JOB THAN THE NEW JERSEY BOARD OF LAW EXAMINERS RIGHT NOW!
They don’t respond to emails. They don’t meet deadlines. They told people that they failed the bar when they did not. Jon Corzine didn’t mess up MF Global as much as New Jersey has botched the administration of this freaking test.
The incompetence is so intense that it’s hard to believe it’s an accident. It seems like the NJ BOLE should have to try to be this bad. Well, maybe they are. Last night, a tipster offered up a possible economic motive for all of the “issues” that have come up with the last administration of the New Jersey bar.
It’s petty and short-sighted, but I’m not sure there’s any level of corruption that you can confidently say is too low for the Garden State….
You failed the New Jerseybar exam. Oh, wait, no you didn’t. Actually we don’t know, because according to our tipsters, New Jersey is in the midst of another huge bar exam screw-up.
You’ll remember that when it came time to release the results of the July 2011 bar exam, there was a rumor that the New Jersey Board of Law Examiners lost the tests. The exams were missing for a time, but after we ran our story, they magically appeared — with no explanation from NJ BOLE on why there was a delay.
At least when the results finally came out, they were correct. Students who took the February 2012 New Jersey bar exam might not have been treated to that kind of basic competence…
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: email@example.com.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!
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.
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.