Trains

Is it more dangerous to jump in front of this, or to go to law school?

Would you jump onto train tracks in front of an oncoming train if you were a Seton Hall Law student?

Oh, I mean to save another person. Would you jump in front of an oncoming train to save somebody else?

Well, if you didn’t jump, you might be liable under my groundbreaking theory of Good Samaritan liability (mwahaha, making criminals of people who don’t help, or help stupidly). But if you would jump onto train tracks to save an elderly woman, you’d be as good of a person as James Baber, Seton Hall Law student and PATH train hero….

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Biglaw lawyers behave badly sometimes. And Biglaw lawyers sometimes use travel as an excuse to behave badly. But no one likes to talk about the bad things they see their colleagues do. It is bad for business, especially since it is the rainmakers that usually behave the worst. Bad behavior is usually just ignored, and only gets revealed as confirming evidence of a former colleague’s failings — if and when the firm decides enough is enough and cuts ties with the evildoer. Sometimes that never happens, and the sociopath becomes a “firm leader.” Biglaw is a business, after all, and powerful people need to get away with the things powerful people decide they are entitled to do. So Biglaw lawyers and staff generally keep quiet.

When I was an associate, I was lucky enough to work with pretty decent people. Even though I did a lot of work traveling, with a variety of senior attorneys, I was never exposed to any behavior that was out of line. Back at the office, there usually was a spate of gossip following partner retreats, but that was tame stuff. To be honest, a group of pasty old partners hitting a strip club, or some millionaire partner sitting at the ten-grand-a-hand blackjack table, did not strike me as that scandalous. Especially when I was exposed in the office to blatant overstaffing of matters, do-nothing partners and associates “reviewing” things, and similar other profit-drivers that normal people would consider theft. (My firm was not so bad on the padding front; other firms I saw from cases I was on were far worse. But that is a discussion for another time.)

There was one time, however, when I saw openly unprofessional behavior, perpetrated by a pretty important Biglaw figure no less. And I kept quiet about it, despite the temptation to email Lat and expose what I saw. Now that I have this platform, I still intend to protect the identity of the Biglaw figure that I saw with my own eyes publicly debase his or herself and our shared profession. Why? For the sake of his or her family, clients, and firm. And for Biglaw — we don’t need more scandals, especially stale ones. And when there is innocent collateral damage to consider, I think it best to keep my mouth shut. If this person’s fate is to be exposed for other indiscretions, it will happen. Going by the lack of discretion they exhibited publicly (which I witnessed with my own eyes), there is a good chance they feel immune. Maybe they are. We’ll see — and I have no doubt that if things ever catch up to them, ATL will be there to capture the happenings.

So what did I see? First, some background….

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