Small Law Firms

Juan Monteverde and Alexandra Marchuk

The courtroom battle between Alexandra Marchuk and the litigation boutique where she once worked, Faruqi & Faruqi, rages on. As longtime readers will recall, Marchuk alleges that F&F partner Juan Monteverde sexually harassed her, in severe fashion, and that the firm’s leaders ignored his alleged misdeeds.

But no matter who wins in court, it’s possible to argue that the firm is ending up the loser. It has endured extensive bad publicity, and some of the resulting instability has apparently led to lawyer departures.

Who are the latest attorneys to defect from Faruqi & Faruqi?

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Keith Lee

A couple days ago on Twitter, I noticed Judge Stephen Dillard having a conversation with a few people about the validity of using Wikipedia as a reliable legal authority. I mentioned that I wrote about the topic back in 2011. But given the continued growth and reliance of the general public upon Wikipedia, I decided it was probably worth looking at again.

Wikipedia actually has a page devoted to documents used in legal proceedings that have cited Wikipedia as a source. One particular case provides an in-depth discussion of whether or not the use of Wikipedia is “reliable,” interestingly enough….

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Bruce Stachenfeld

Ed. note: Please welcome our new columnist, Bruce Stachenfeld of Duval & Stachenfeld LLP.

What is a law firm? Unlike a lot of businesses, there are really no assets except the lawyers and (in some instances) the brand name. For most law firms — especially newer firms and start-ups — there is no brand name; that leaves the lawyers as the only assets. And for brand-name law firms, if the talent starts to leave, eventually the brand dies.

As one of my partners once said to me: “Bruce, all of the assets of this business go down the elevator every night. Your job is to get them to come back up in the morning.” He just said it casually, but it hit me strongly later on as I realized he was completely right. The entire point of running a law firm was to keep the lawyers in the firm. You can always get more clients if you lose them, but without the lawyers, you have nothing to sell and it is game over.

Accordingly, to answer the question posed at the outset as to what a law firm is…. it is a collection of lawyers who are together because they wish to be together. If they don’t wish to be together any more, then they leave, and that is the end.

And what is a great law firm?

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I assume that a typical law student reader of Above the Law is attending an elite law school, has awesome grades, and is being groomed to be the next SCOTUS clerk or equity partner of a Vault 20 firm. If this describes you, then don’t waste your time reading the rest of this nonsensical piece. But if you are one of the rare outliers who has a few B pluses staining his résumé, you will have to make some strategic moves during your 2L and 3L years or you are likely to be jobless after graduation.

Since another law school year is almost over, I want to interrupt my regularly scheduled Back in the Race programming to give some advice to law students that I wish someone had shared with me. The advice I provide is time-consuming and stress-inducing because it will require working, studying, and more. To make things worse, as post-graduation employment numbers remain bleak, following my advice will not guarantee employment. But I hope it will make the reader a more competitive candidate for employment in this challenging job market.

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That pesky expert witness is claiming that a AAA battery can’t injure your client as much as you claim. How do you undermine his testimony? Confronting him with strongly-worded questions informed by careful scientific research is one way.

Trying to electrocute him is another way.

Guess which one the lawyer chose in this case?

Oh, Watt the hell, I’ll spoil it, the lawyer tried to electrocute him….

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Last week, I addressed how technological advances and freer access to information can help ex-Biglaw partners like myself transition to a boutique practice without disruption — from the standpoint of being able to conduct a litigation practice in much the same way it was conducted while in Biglaw. As I said, it has become much easier to gain access to the litigation work product of Biglaw firms, for example, reducing Biglaw’s edge in knowledge management over a start-up firm like ours.

Of course, how best to exploit that work product requires training and skill, and to some extent a Biglaw-caliber background to begin with. In other words, the information may be more accessible, but it does not come with an instruction manual. At least when it comes to patent litigation, everyone needs to learn the trade the hard way.

But there is another important area where Biglaw’s edge is eroding….

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There are plenty of good reasons why a solo lawyer should, and indeed must, refer a case to another firm. For example, if a particular case isn’t compatible with your business – either because it falls outside of your firm’s practice area or it’s not economical for your firm to handle – there’s no reason to hang on to it.  And notwithstanding the advance conflict waivers that large firms foist on clients, in my view, conflicts of interest are a non-negotiable grounds for referral, because they “spawn an alarming number of ethics complaints.”

But there are other situations where a solo shouldn’t be so quick to send a case packing, notwithstanding conventional wisdom to the contrary. Here’s a list of examples where you might want to think twice before referring a case:

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Keith Lee

I was on Facebook the other day (no, I don’t want to be your friend), and a status update from a lawyer I’m friends with caught my eye. She was walking into the courthouse and was confronted by a “protester” who was yelling at everyone, proclaiming that attorneys are liars, are not to be trusted, are scum, etc. The usual.

Lots of people just don’t like lawyers. It’s a common trope. See yesterday’s post about a lawyer asking a teacher what he makes. Lawyers have become the punching bag for much of society. The butt of jokes, the target of scorn. Why is it that people dislike lawyers so much? Has it been the race to the bottom in lawyer advertising? Manipulative conduct in court? Taking advantage of “the little guy?” Personally, I think it comes down to one thing:

Lawyers are professional a-holes….

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Q: You can’t just have a bunch of clients with preexisting intentions to kill someone?

A: Yeah, that would certainly make things more risky for the firm.

– An exchange between Above the Law columnist Carolyn Elefant and Daily Show correspondent Jordan Klepper, in a segment about the trend of small law firms offering “self-defense retainer plans” for gun owners.

(Read more and watch the full, funny clip, after the jump.)

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Christina Gagnier

Anyone who is a lawyer can relate to the perennial quest to find work-life balance, but this odyssey becomes compounded when you are also the boss. Even though acquiring all of your business, as well as making sure the legal representation you provide is good, determines whether you may be paying your rent in a given month, you have to decide where you draw the line with your clients.

Drawing this line also works to the benefit of your clients, who end up getting more comprehensive and meaningful counsel than through the superficial interaction that not drawing these boundaries may lead to…

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