* Missouri lawyer is hauled into a disciplinary hearing about his practice of showing a picture of a naked woman to a female client. He says it wasn’t about sex and he was just showing her the kinds of pictures that come up in a divorce proceeding. That sounds like a fine explanation. I mean, every divorce involves autographed photos of strippers. He also commingled funds. That’s less easy to explain. [Inside the Ozarks]
* Hey look! They brought back Debtors’ Prison. The prison-industrial complex has gotta get paid somehow. [Bergen Dispatch]
* Federal prosecutors in Manhattan are now looking into David Samson, the chair of the Port Authority of New York and New Jersey and a Christie appointee. If government agencies aren’t for petty revenge and plunder, then what are they for? [Talking Points Memo]
* Insurance company cronies threaten that insurance company may have to get out of the business because of all the lawyers winning cases making the insurance company actually pay their contractual obligations. Don’t they understand the purpose of litigation is just to collect premiums? [Legal Newsline Legal Journal]
* How ACLU attorney Ben Wizner became Snowden’s lawyer. [Forbes]
* “One of the reasons I could never imagine being a lawyer is because you have to account for your time in 15-minute increments.” Thankfully she was corrected and told that lawyers are actually more irritatingly measured in 6-minute increments. [Dear Prudence / Slate]
* With all the talk of patent law reform coming from the President, this is an excellent time to look back at eight dumb patents. [Mashable]
Have you ever sat around and thought, “Hey, I’d love to file a frivolous, nay sanctionable, lawsuit,” but just didn’t know where to get started? Well, you’re in luck — there’s an app for that! Never again will you be left wondering about just how crazy you can get with your harassing complaint.
Hurray for the Internet!
The folks behind it are trying to make a serious point about the high price of frivolous lawsuits. Not sure their motives are entirely pure, but it’s a fun little toy to play with, so let’s do that, shall we?
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….
There’s a general feeling that if you sue New York City, you’re going to get paid. Certainly, if you sue NYPD, you can expect a settlement. Part of that is because the police have probably actually violated or brutalized you. Part of that is because the police department would rather pay you hush money than have a high profile exploration of their gestapo tactics.
The city’s litigious retreat doesn’t extend to the MTA. One would think that being hit by a train would put you on-track for a big settlement (did you see what I did there?). But apparently not, the MTA will fight you tooth and nail, all the way through trial and appeals, to prevent you from getting money from subway accidents. The city’s lawyers will run a train on you in court (yes, I’m having fun, thanks for asking).
And the city is probably right to do this. Have you really thought about how stupid most people are behaving when they’re hit by the subway?
If there’s one thing I’m going to defend, it’s the right of American children to go out and die or injure themselves in whatever way seems best to them. Whether we’re talking about alcoholic energy drinks, or dangerous playground equipment, I’m not a fan of trying to legislate away childhood behavior. You shouldn’t sell kids a bag of glass, but we have fairly robust tort and consumer protection laws to weed that kind of stuff out.
Certainly, at the point when a child — or God forbid an adult — comes upon a giant roller coaster that does loops at 90 mph and says, “Oh, yeah, that looks perfectly safe,” I’m not sure what kind of “regulation” we’re supposed to be going for. If it crashes, you’ve got a tort action. If it doesn’t, you can thank whatever God you pray to and maybe next time take your ass to the bumper cars.
That stance puts me on the opposite of the newly elected junior Senator from Massachusetts, Ed Markey…
A law student sat in a chair, reclined, and fell on her ass.
Now she’s suing the school for her injury.
Read that again; I’m not making it up. Sit, fall, butthurt, sue.
I’m sure anti-tort-reform forces are busy putting together the HBO documentary, “Reclining Dreams: The True Story Of How One Chair SIGNIFICANTLY INCONVENIENCED A Student.” But I can only hope that the litigious law student has the time to sue her school because she hasn’t yet found a real job….
Plastic! Safe! A perfect training ground for future lawyers.
Mmm… Tort Law. All you need is a J.D. and a dream to get in on the action.
But have we gone too far? No, I’m not talking about the general accusations that tort lawyers make things more expensive for consumers (and the mega-companies they buy things from). I’m asking if our tort regime is crippling our future by hobbling our children. New studies suggest that our children’s playgrounds may be too safe.
Hehe. That’s right, parents who sue schoolyard bullies for saying on Facebook that your kids are stinky heads. It turns out that your totally sanitized, tetanus-free, no-skinned-knees zone might be making your kids the very kind of chubby, neurotic weaklings who will need to keep their lawyers and shrinks on speed dial for the rest of their lives…
* For the first time in history, both major party presidential candidates are graduates of Harvard Law School. When reached for comment, Yale Law School said, “President, that’s one of those jobs that you don’t get for life, right?” [Harvard Law Bulletin]
* Please tell me our election technology has at least caught up with 1996 by now. [Election Law Blog]
* Uruguay legalizes abortion — subject to a panel review, a five-day waiting period, and getting the father’s opinion on the matter. Yay? [Salon]
* Twitter censors a user! But it was a Nazi group, so nobody is going to freak out too much. [Slate]
* If this freaking idiot makes it even harder for young, intelligent students to come here on student visas, then his thwarted attack will have caused real damage to American interests. [WSJ Law Blog]
It’s easy and popular to criticize America’s tendency towards over-litigiousness. You can talk and argue all day over abstract ideas, but have you seen the numbers all laid out in a handy-dandy infographic? No? Well, we have a special treat for you….
The evolution of relationships between the genders continues. Currently, in law firms, there is an interesting conundrum; balancing the desire for a gender-blind workplace where “the best lawyer gets the work and advances” and the reality of navigating the complicated maze created by the fact that, in general, men and women do possess differences in their work styles. These variations impact who they work with, how they work, how they build professional connections and how organizations ultimately leverage, reward and recognize the talents of all.
Henry Ford sat on his workbench and sighed. A year earlier, he had personally built 13,000 Model Ts with his own hands. Fashioning lugnuts and tie rods by hand, Ford was loath to ask for help. Sure, there were things about the car that he didn’t quite understand. This explains the lack of reliable navigation systems in the Model T. But Ford persevered because he knew that unless he did everything, he could not reliably call these cars his own.
“Unless my own personal toil is responsible for it, it may as well be called a Hyundai,” Ford remarked at the time.
The preceding may sound unfamiliar because it is categorically untrue. And also monumentally stupid. Henry Ford didn’t build all those cars by hand. He had help and plenty of it. Almost exactly one hundred years ago, Henry Ford opened up the most technologically advanced assembly line the world had ever seen. Built on the premise that work can be chopped up into digestible pieces and completed by many men better than one, the line ushered in an age of unparalleled productivity.
Today, an attorney refers business because he can’t do everything the client asks of him.
There are three reasons why this is way dumber than a made-up Henry Ford story…
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: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months, and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.