Ed. note:Matt Kaiser founded The Kaiser Law Firm PLLC, a white-collar boutique in Washington, D.C., and will now be writing a weekly column for us about white-collar practice and his adventures in building a law firm. Matt previously covered the Supreme Court for us. This is the first installment of his new column.
When I meet non-lawyers — a rare and jolting occurrence -– or talk to lawyers who don’t practice in the white-collar criminal space, I’m frequently surprised at how few of them know what “white-collar criminal defense” means.
Yet, whatever it is, white-collar work is seen as sexy. Just about any fifth-year associate who has reviewed documents as a part of an FCPA investigation has “white-collar criminal defense” listed as a practice area on his firm bio. Fewer, I suspect, have a clear understanding of what white-collar work is.
There are clear cases. The prosecution of John Edwards is classically a white-collar case: it involved campaign finance, was in federal court, was litigated like a civil case, and Abbe Lowell represented the defendant (any case involving Abbe Lowell is per se white-collar).
Alexandra Marchuk’s lawsuit against her former employer, Faruqi & Faruqi, and one of its top partners, Juan Monteverde, marches on. And this time the Faruqis are playing offense.
We previously noted the firm’s attempt to make Marchuk look like a bunny boiler — a mentally unstable young woman who was obsessed with Monteverde, the man whom she claims harassed her. And it looks like the firm is sticking to this strategy, trying to call into question Marchuk’s mental health.
The ruins of a house on the outskirts of Tacloban, capital of Leyte.
Law firms and the legal profession have a long and distinguished tradition of contributing to the public interest. Earlier today, we highlighted five Biglaw firms that are pro bono all-stars.
Most pro bono cases involve clients and causes here in the United States. But in today’s increasingly global world, law firms look beyond borders when it comes to helping the needy.
Yesterday we commended Skadden for its generous support of Typhoon Haiyan relief efforts in my ancestral homeland of the Philippines. And today we recognize several other law firms that have joined in this worthy cause….
I trust juries. They closely listen to the evidence that’s presented to them. They listen to the law and, they collectively do what they believe is right. My years in courtrooms, both as a lawyer and in what I just went through, lead me to that same conclusion.
Last week, the New York City Bar released a report, Developing Legal Careers and Delivering Justice in the 21st Century. To the bar’s credit, it acknowledged the role that starting a firm can play in addressing joblessness in the profession. To this end, the bar proposes to create a New Lawyer Institute that will provide training and advice to potential small firm and solo practitioners. And while I realize the concept of starting a firm as a way to launch or continue a legal career in the absence of other options is hardly revolutionary (I’ve been blogging about it almost eleven years), in a universe where many law school placement offices direct students to unpaid internships or non-legal positions, the renewed focus on the startup option is refreshing.
But as I read more about the program, I began to wonder if the goal is to teach lawyers to start firms as an end in and of itself or as a means to expand access to justice. According to the Report, the program includes the standard “Starting A Law Firm 101″ fare – obtaining insurance, business forms, technical needs and “benefits and cautions of cloud computing” (but nothing about the benefits and cautions of housing files on site in a physical office). Meanwhile, substantive classes focus on “Divorce Law 101, Handling Cases in Family Court, Estate Planning Basics, New York Civil Practice, Introduction to Land Use and Zoning in NY, Basics Residential Real Estate Closing, and Everything You Wanted to Know About Landlord/Tenant. NLI participants will be required to take a set number of credits in both practical skills and substantive law areas” (page 113).
Herein lies my beef with the New York City Bar program….
Legal and industry conferences can provide great educational and networking opportunities for solo and small firm lawyers, particularly those just starting out. Sure, there are some conferences that are a complete waste of time, but in some fields, simply doing face time at conferences year after year is critical to keep business flowing. And in other practices, conferences may offer high-level, substantive training on new legal developments.
Of course, back in law school, you could take advantage of your student i.d. card to access almost any conference you wanted to attend. And if you ever worked for a firm, your employer willingly footed the bill for conference attendance.
But now, as a solo or small-firm lawyer, conferences are on your dime. And as many solos quickly learn, conferences can take a toll on your wallet….
Two weeks ago, Greenberg Traurig announced a lawyer residency program — one-year positions where lawyers spend a third of their time on training, are paid “considerably less than associates,” and billed out at lower rates. When the program concludes, residents may be offered a position as an associate, become a non-partnership track “practice group attorney,” or get shown the door. The program has elicited a range of reactions over its implications for Biglaw, ranging from potentially promising (David Lat and Toby Brown), to shortsighted and risky (Jordan Furlong), to a mixed bag for associates (Adam Ziegler).
But from the perspective of lawyers who want to start their own firms and have the option of handling traditionally “big firm” matters, residency programs like that offered by Greenberg Traurig are a boon. Imagine being paid to do little more than spend a year learning the ins and outs of big firm practice and practice areas by observing depositions and trials and accessing unlimited PLI content. Plus, residents have a chance to meet and network with other lawyers at GT and throughout the legal community; presumably, fewer billable hours means more time to hobnob. At the end of the residency, lawyers could move on to start their own firms — but with the benefit of a year of student loan debt repaid and a big firm credential on the résumé — which can be a selling point for certain types of clients (usually the kinds of clients who won’t experience sticker shock at your $250/hour rates because they’re accustomed to paying double that at a large firm)….
Ed. note: This is a new column from a person who didn’t just go from Biglaw to a smaller office, he went from big bad New York City to someplace where they care about the Big Ten network. It’s a different client roster and a different life.
Hello. I live in the middle of the country and I do smal(ler) law than most of you, so you can call me the Middle Man.
I am one of the few friends of ATL who had the courage to leave the quagmire that is New York Biglaw, and the stupidity tenacity to continue practicing law.
A little about myself: I was born in the Midwest, went to college out west, law School in the south, and worked at a Vault top-15 firm in New York City for four years before fleeing for greener (read: smaller) pastures at a regional firm with a few offices scattered about the heartland here in the middle of the country.
I this space, I will be covering such topics as:
1. How the hell I got this job in the first place.
2. The difference between client service here at a smaller firm in a mid-sized city and New York.
3. The difference in my practice here and New York.
4. Dealing with partners and fellow associates in a smaller firm as an associate from a biglaw firm.
5. Why Luther “Uncle Luke” Campbell is one of the most prolific Americans of the late 20th century.
My hope is that these posts will give you an idea of what you can expect if you leave your biglaw job and head back toward Real America.
To get us started, let me tackle our first topic: how I scored this job…
Ed. note: This is the latest installment of The ATL Interrogatories, brought to you by Lateral Link. This recurring feature will give notable law firm partners an opportunity to share insights and experiences about the legal profession and careers in law, as well as about their firms and themselves.
Gary Luftspring, managing partner at Ricketts, Harris LLP, enjoys a high-level litigation practice. He’s successfully represented clients in a significant and growing number of major cases and was named by Lexpert as a litigator who is “consistently recommended.” Read his full bio here.
1. What is the greatest challenge to the legal industry over the next 5 years?
The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
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: firstname.lastname@example.org.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
The traditional job application and interview process can be impersonal, and applicants often struggle to present themselves as more than just the sum of their GPAs, alma maters, and previous work history. ATL has partnered with ViewYou to help job seekers overcome this challenge. ViewYou NOW Profiles offer a unique way for job seekers to make a personal, memorable connection with prospective employers: introduction videos. These videos allow job candidates to display their personalities, interpersonal skills, and professional interests, creating an eDossier to brand themselves to potential employers all over the world. Check it out today!