If you are a new lawyer in a small firm, you need to be prepared to have fear as a companion at times. Fear of missing deadlines, screwing up a discovery response, pissing off a partner. Fear of not having enough clients, being unable to make payroll, disappointing your family. From substantive case matters to interpersonal relationships, a dozen different challenges arise daily in a small firm that can cause stress, anxiety, and fear.
If you’re not careful, it can be crippling. Everyone is going to be afraid at times. Whether it is fear of a cranky old judge or looking like an idiot in front of your clients. What matters is how you deal with that fear.
Fear can also be fuel. Fear can motivate you to research an issue to exhaustion in order to ensure that you are absolutely correct in your position. Fear can cause you to to beat the streets, get in front of people, and land new clients. Fear encourages hard work, due diligence, and skill development.
Perhaps most importantly for new lawyers, fear should beget caution. As a new lawyer, you need to know what you don’t know. That some clients are too much for you to handle, no matter how much you try to research and learn about the issues. Experience matters. As a new lawyer, you don’t have it. And fear can help you check yourself and reflect on whether or not you are prepared to handle certain matters. But whether it be through hubris or ignorance, young lawyers continue to bite off more than they can chew….
Over the summer, the Texas Legislature passed the “Merry Christmas Law.” With the first Yuletide under the new law now upon us, folks are revisiting the law’s wisdom or lack thereof. The law provides that a “school district may educate students about the history of traditional winter celebrations, and allow students and district staff to offer traditional greetings regarding the celebrations, including: (1) “Merry Christmas”; (2) “Happy Hanukkah”; and (3) “happy holidays” [ . . . ] A school district may display on school property scenes or symbols associated with traditional winter celebrations, including a menorah or a Christmas image such as a nativity scene or Christmas tree, if the display includes a scene or symbol of: (1) more than one religion; or (2) one religion and at least one secular scene or symbol.” The law also provides that any displays may not include “a message that encourages adherence to a particular religious belief.”
Admittedly, this sort of law at first sounds a bit like a legislative resolution saying, “Can we all just agree once and for all that America is seriously the greatest country ever and Jesus totally loves us best?” There’s a problem, though, with commentators who “find it hard to believe any Christmas-observing child feels deprived of the holiday spirit in school, especially in Texas.” The problem is that some Texas schoolchildren have, indeed, had their rights infringed upon by school officials. Many liberals respond as though laws like this and the outrage that inspires them are silly. But ask Jonathan Morgan, and he’ll tell you that it’s not so silly…
* The right to choose… to drive out of state? SCOTUS rejected an application to block Texas from enforcing a law requiring abortion doctors to have privileges at nearby hospitals. [New York Times]
* Patton Boggs should prepare for the day when Locke Lord is too busy washing its hair to go on a date. The would-be merger is just one of many “interesting opportunities” the firm is considering. [Am Law Daily]
* Law firm merger mania, mid-size Midwest edition: Chi-Town law firm Shefsky & Froelich merges with Cincinnati-based Taft Stettinius & Hollister. [Crain's Chicago Business]
* When it comes to law faculty hiring, it doesn’t matter what color your skin is or what you’ve got between your legs, so long as your résumé is covered in Ivy and you’re dripping with prestige. [National Law Journal]
* Ave Maria School of Law is in need of a new dean. It seems the man who created the school’s “Advanced Critical Thinking Department” engaged in deep thought before deciding to call it quits. [Naples Daily News]
* The Supreme Court might have dismissed the Oklahoma abortion case as improvidently granted, but not to worry, because the high court may yet get the chance to abort a woman’s right to choose in this new case from Texas. [New York Times]
* Wherein Justice Scalia seems highly concerned about toupees: yesterday, Supreme Court justices put their fashion sense to the test when trying to determine what ought to count as clothing under the Fair Labor Standards Act. [WSJ Law Blog (sub. req.)]
* The Senate is forging ahead with the Employment Non-Discrimination Act, but the bill will likely fail in the House because discrimination on the basis of sexual orientation is still cool with John Boehner. [CBS News]
* Bill de Blasio, the Democratic candidate in the NYC mayoral race, apparently has “deep ties” to Gibson Dunn, the firm behind Citizens United. Gather round, conspiracy theorists. [International Business Times]
* An InfiLaw school is changing its name to Arizona Summit Law. How kind to tip law students off to the fact that even if they climb all the way to the top, there’s nowhere to go but down. [National Law Journal]
As the days roll on, more and more bar exam results from the July 2013 administration of the test are being released.
We’ve actually reached the point where just about every state in the country has unleashed its exam results except for Maryland (expected by end of business today), New Jersey, and California. Those folks still have some time to wait on pins and needles, but for now, we’ve got confirmed news about results from states that came out on Halloween, just in time for festive holiday celebrations.
So it’s time for a round-up of all of the results that went live yesterday, including Texas and Virginia, and some rumors we’ve heard about Maryland. Here’s an open thread for you to discuss your thoughts…
As Elie reported on Monday, U.S. District Judge Lee Yeakel upheld part and struck down another part of a new Texas law regulating abortion. On Tuesday, the Attorney General’s office sought an emergency stay pending appeal and an expedited schedule for the appeal itself. As of press time, the Fifth Circuit has not ruled on the stay motion. The Circuit will hear the appeal, expedited or not, in the coming months.
In July, when the legislature debated the bill that would become the law now at issue, I wrote about it. I wrote about why I thought the specific provisions of this law were sensible. I wrote about why I thought those provisions were not “anti-woman” as the filibustering Wendy Davis claimed. I suggested a handful of concrete, practical, truly pro-woman measures that legislators could take if they want to genuinely advocate for the welfare of women — measures that don’t involve using abortion as a cure-all.
Now, prognosticating about the fate of the this law as it moves up to the Fifth Circuit raises some additional wrinkles for those who would frame the abortion debate as a matter of “pro-woman” pro-choicers and “anti-woman” anti-abortion advocates….
This is an absurd lawsuit. It’s about tacos. Because Elie spent today at CNBC appearing on Power Lunch along with Staci, I get to write this story instead, which is probably for the best because I can emotionally distance myself from the possibility that a taco dispensary may have to go out of business.
Two restaurants are squaring off in court over allegedly purloined taco recipes.
Yes, Biglaw partners are actually making statements about taco litigation…
Oh, the hilarity that is the phrase “criminal justice system.” Talk to any defense attorney andthey’ll tell you how the deck is stacked against defendants and defense lawyers. The ideal of “innocent until proven guilty” has become little more than a disclaimer tacked onto cop-centered reality shows. Defendants are guilty until the jury is somehow tricked by the defense into handing down a “not guilty” verdict. A lot of effort goes towards dissuading defendants from even making it this far, as prosecutors will present worst-case scenarios comprised of every violation conceivable in order to get an agreement to plead guilty to a lesser charge.
The prevailing perception that the person charged is guilty, with the only answer yet to be determined is how guilty, makes defending arrestees an uphill battle. Judge (former judge) Elizabeth Coker took this uphill battle, increased the grade to 85 degrees, covered it with a sheet of ice and sprinkled it with a 50/50 blend of Teflon and motor oil.
Earlier this week, Weil Gotshal reaffirmed its commitment to the Texas legal market. That commitment had been called into question by a spate of partner departures in recent weeks.
It’s worth noting, though, that Weil’s statement focused mainly on Dallas, which is Weil’s largest outpost in Texas. The statement was issued to the Dallas Business Review by Glenn West, Weil’s Dallas managing partner, so the Dallas focus is understandable. But it’s also fair to say that while Weil appears committed to Dallas, its commitment to Houston is weaker.
Indeed, after Houston managing partner John Strasburger recently departed, taking three other partners with him, some of our sources are wondering: Will the Weil office in Houston endure? And if not, who wants to swoop in and fill that gap?
Hey, have you read Above the Law for like one single minute in the past month? If so, you probably know that we’re having this big blogger conference on March 14th at the Yale Club. Yeah, the Yale Club. You’ll be able to recognize me: I’ll be the only big… blogger guy surreptitiously holding a can of crimson spray-paint.
Speaking of coming, you should come. We’ve got CLE and all that. Click here to buy tickets to get CLE credit for listening to bloggers scream about stuff on the internet.
To refresh your memory, details on the panel that I’m moderating — almost entirely sober, mind you — follow.
My panel is called Blogs as Agents of Change, and we’re going to talk about whether all of these spilled pixels are actually making a difference. You know my view… just ask Lawrence Mitchell, but here are the panelists:
So you spent a considerable amount of time courting, selling and maybe even doing some friendly stalking of that attractive lateral partner candidate with a sizable book. After he or she ignored your emails and didn’t return your calls, a few weeks go by and you read a press release in the legal media announcing the recent move to a competing firm.
Rats. Another one got away from you. You cringe when you consider how much time was spent in meetings that did not bear fruit. Your heart aches when recall how you were led to believe this was a marriage made in heaven.
You have been rejected.
The sting of rejection is painful, even for fancy law firms. But you need to find a way that you can turn this disappointment into a legitimate learning experience.
No, this isn’t a pre-party before we come back next fall for the real thing. This IS the real thing. Quinn Emanuel is pushing the envelope on recruiting. The party is now. This is when you meet the partners and associates face to face. This is when we begin the dance that could land you an offer for your second summer BEFORE school starts in the fall.
First: You come to the party. Second: If you like us, you send your resume after June 1, 2014. Third: If we like each other, you get an offer.
We’re not waiting for fall. We’re not doing the twenty minute thing. This party is the real thing!
We hope you’ll join us, and look forward to meeting you.
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