Texting

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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Aasif Mandvi accepting his Justice in Action Award last night at the AALDEF 40th anniversary celebration.

Last night, I had the privilege and pleasure of attending the 40th anniversary celebration of the Asian American Legal Defense and Education Fund (AALDEF). Forty years is a remarkable milestone, so everyone was in a celebratory spirit. Here’s my account of the evening, which also honored several leaders within the Asian-American community….

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* Professor Ann Althouse’s analysis of today’s Hobby Lobby and Conestoga Wood arguments before SCOTUS. [Althouse]

* Professor Nelson Tebbe’s take on the proceedings. [Balkinization]

* Finally, a very Jezebel assessment: “Supreme Court Prepares to F**k Up This Birth Control Thing.” [Jezebel]

* “JUDGE TO PORN TROLLS: IP Addresses Aren’t People.” [Instapundit]

* YouTube videos and text messages surface in the Oscar Pistorius murder trial. [IT-Lex]

* “Her” was an excellent movie — and it might contain lessons for lawyers and the legal profession, as John Hellerman argues. [Hellerman Baretz]

The kind of person who makes the rules about lawyer advertising through text messages.

When I find myself pontificating on lawyer propriety, you know things are bad. But a new ruling from the Ohio Supreme Court leaves me with no choice. Ohio has decided that it’s okay for lawyers to text message accident victims to advertise their services.

Can you imagine sitting in a hospital, recovering from injuries, and then getting a text message from an unknown number: “R U OK? I can get U $$$. I sue ppl 4 U!”

We live in a world where the Ohio Supreme Court said that such solicitations are “helpful.” In other news, we live in a world where old judges who don’t know what the f**k they’re talking about get to make the rules about technology they don’t understand….

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* After three years on top, Baker & McKenzie has lost its place as the top grossing firm in the Global 100. But which firm dethroned the once king? None other than… [Am Law Daily]

* Today we celebrate the 50th anniversary of Martin Luther King Jr.’s March on Washington, and yet some of the things he sought to change still remain the same in 2013. [Washington Post]

* The house always wins: Navin Kumar Aggarwal, the ex-K&L Gates partner who stole client funds to pay gambling debts, was jailed after receiving a 12-year sentence. [Am Law Daily]

* “This is like a triple-overtime win.” Merrill Lynch is making a huge $160 million payout in a racial bias case that’s been stuck in the courts for nearly a decade. Congrats, plaintiffs! [DealBook / New York Times]

* As eager young law students return to school, maybe it’s time for you to consider brushing up on the basics. Now is an excellent time to take care of those pesky CLE requirements. [Corporate Counsel]

* Husch Blackwell is teaming up with WUSTL Law to launch a training program for… partners. Take this for what is is, law students: a great opportunity to résumé bomb the hell out of them. [National Law Journal]

* Career alternatives for attorneys: judicial drug mule. Following an investigation by the DEA, a former Utah judge pleaded guilty to the possession of enough Oxycodone to kill a small horse. [Salt Lake Tribune]

* Don’t even think about texting anyone, ever again, in the state of New Jersey, especially if they might be driving, because the appeals court says you could be held liable for negligence. [WSJ Law Blog (sub. req.)]

* Joe Francis of Girls Gone Wild has been sentenced to 270 days in jail and three years’ probation after being convicted of assault and false imprisonment by a jury of “stupid, stupid idiots.” [Los Angeles Times]

Sydney Leathers, an aspiring paralegal and one of the women behind the downfall of Anthony Weiner (part deux), recently published a guide on how to seduce politicians. Her tried and true methods seem to have worked well for her — not only was she able to sustain the would-be mayor’s sexual urges via text messaging, but she also raked in thousands of dollars from other sugar daddies. To put it plainly, this girl is a pro.

We decided to take a cue from her by creating our own guidebook on how to seduce lawyers. Just follow these five easy tips, and you’ll have him wrapped around your little finger…

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File this under “what is this, I don’t even.”

A law school is out with its new ad campaign for the upcoming application season. Calling it “lame” or “uncool” or “hackneyed” or any of the other words in the English language that denote a distinct inability to appear genuine or interesting doesn’t do the ad justice. It is a truly pathetic attempt to look “hip” — the ad is in the form of text messages between supposed friends.

I’m describing it poorly. My descriptive powers are impotent against such shark-jumping corniness. Just look…

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I spy with my little eye… FBI sext messages?!?

When you are given an FBI BlackBerry, it’s for official use. It’s not to text the woman in another office who you found attractive or to send a picture of yourself in a state of undress. That is not why we provide you an FBI BlackBerry.

Candice Will, Assistant Director for the FBI’s Office of Professional Responsibility, commenting on a “rash of sexting cases” detailed in an FBI disciplinary report.

(After taking a look at this report, the Federal Bureau of Investigation ought to consider changing its name to Frat Bros International. Let’s check it out.)

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Judge Wade McCree

Remember Judge Wade McCree? How could you not! He’s the Michigan jurist who received our Judge of the Day honors back in April for sending nearly-nude photos of himself to one of his female bailiffs via sext message. When confronted with the issue, McCree told a Fox Detroit reporter he had “no shame in [his] game.” When confronted by the Michigan Supreme Court, McCree was issued a censure for bringing shame to the judiciary, if not himself.

Now, you’d think that the good judge would clean up his act after a brush with the law, but of course, you’d be wrong. We wonder if he’s got any shame in his game now that his alleged affair with a litigant has been exposed for all the world to see.

And you really won’t believe where this woman claims they got it on, repeatedly….

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In the late 90’s, lawyers taking credit cards was not the norm.

Stores took credit cards. Restaurants took credit cards. Lawyers took checks and wire transfers, and yes, cash in rubber bands. It was typical lawyer arrogance and ego – taking credit cards turned the lawyer in to a merchant, and paying a portion of the fee (because if you check your state ethics rules and opinions you may find you cannot charge the client for the percentage you pay the credit card company… oops) for the convenience of the client being able to “charge it” was seen as unattractive.

I didn’t take credit cards at first, a couple years later I started, and now I take them under certain conditions. One, I don’t advertise that I take credit cards. No signs on my door, no indication on invoices. If the client asks, the answer is yes, but like many places, there is a minimum amount (and no, it’s not $20). For volume-type lawyers who charge small fees, credit cards are a great way to sign up clients and maintain a good cash flow. For those with bigger fees and smaller practices, it’s a last resort for that client that you believe may have an issue paying, or who just can’t come up with the retainer unless it’s charged on a credit card.

Visa and Mastercard rates are lower than AMEX, but in the end, you’re looking at getting about 96% of the fee once the percentage and transaction fees are paid. If you can’t survive on that, I can’t help you.

What about house calls?

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