Trials

I was a trial lawyer and most of the trial lawyers who I knew spent about 3,000 hours a year trying to find ways to get good results for their clients. The long hours created stress for lawyers and their families. In return, lawyers used to be revered and respected members of the community.

Laurence F. Valle, in a letter to the Wall Street Journal discussing falling law school enrollment. Valle must be much older than his bio’s photo would suggest if he was around before Shakespeare was earning laughs with his “kill all the lawyers” line.

The federal judiciary thanks you.

* Barack Obama is trailing George W. Bush when it comes to leaving his mark on the federal courts, but that’s probably because Senate Democrats didn’t go nuclear quickly enough. [Blog of Legal Times]

* When it comes to 2013, one thing’s for sure: it wasn’t boring. Many of this year’s movers and shakers hailed from top Am Law 100 law firms — like Ted Cruz (formerly of Morgan Lewis). [American Lawyer]

* John Ray III isn’t going to sit back and allow a jury to shut down his discrimination and retaliation case against Ropes & Gray. He filed a notice of appeal last week, and he’s pissed off. [National Law Journal]

* Utah has until the end of January to figure out how it’s going to go about defending its same-sex marriage ban before the Tenth Circuit. Just a thought: the “it’s still gay, even if the balls don’t touch” theory of law isn’t going to cut it. [Deseret News]

* A lawyer for the Texas judge accused of strangling his girlfriend is offering media outlets a superb defense story on behalf of his client. He wasn’t trying to kill her, he was trying to save her! [New York Daily News]

* Here’s some advice on how to submit your law school application on time. If you don’t know how to meet a deadline, you’re going to make a great lawyer. [Law Admissions Lowdown / U.S. News & World Report]

* Kansas Law School has been fined and censured by the ABA for recruiting violations surrounding Andrew Wiggins. Wait, no, I got that wrong. KU Law started an LL.M. program without asking, which I’m sure they did only because Wiggins is from Canada. [Topeka Capital-Journal]

* The proposed merger between Patton Boggs and Locke Lord has been called off. Fingers crossed that Bendini Lambert is the next target for Locke Lord. [Am Law Daily]

* Mayor Bloomberg swears at his last set of judges. I mean swears “in.” Man, who gets up this early? [NYC.gov]

* President Obama commutes the sentences of eight inmates convicted of crack-cocaine offenses. [New York Times]

* New Mexico is Breaking Gay. [Bloomberg]

* Did EA know Battlefield 4 would kind of suck before they released it? [Techspot]

* So evidently R. Kelly isn’t “trapped” in the closet, so much as he’s hiding there waiting for your daughter to come home. [The Root]

* Here’s your homework for today: everybody has to go find a dispirited Duck Dynasty fan and patiently explain to him or her the difference between a government infringement on free speech and a network momentarily suspending a bigot. You’re not allowed to punch the fans, you can only use words, and if necessary, hand gestures. [Huffington Post]

* An inside look at the jury deliberations in the recent insider trading trial of Michael Steinberg of SAC Capital. [New York Times]

John Farren and Mary Farren

Lawyers John Michael Farren and Mary Margaret Farren were once a storybook couple. If Above the Law had been around in the nineties, they might have made the pages of Legal Eagle Wedding Watch. Mary Farren practiced energy law at the high-powered firm of Skadden Arps, where she attained the rank of counsel, and John Farren’s résumé was even more impressive: he served as general counsel to Xerox, a Fortune 500 company, before going on to serve as deputy White House counsel under President George W. Bush.

Their success transcended their impressive job titles. She earned $500,000 a year at Skadden; he made millions as GC of Xerox. They had ample material wealth — $3 million in cash here, a $4.6 million mansion there — and two lovely daughters.

And then things went wrong. Horribly, terribly wrong….

double red triangle arrows Continue reading “Ex-Skadden Lawyer Wins $28.6 Million From Her Ex-Husband (A Former GC And White House Lawyer)”

Keith Lee

Ed. note: Please welcome Keith Lee of Associate’s Mind, one of our new columnists covering the world of small law firms.

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….

double red triangle arrows Continue reading “Growing Pains: The Necessity of Fear”

Yeardley Love

* “This should be a red flag for everyone in legal education and the law firm world.” According to NALP, the percentage of women associates has dropped for the fourth consecutive year. That’s just lovely. [National Law Journal]

* Next summer, the co-CEOs of Hogan Lovells from legacy firms Hogan & Hartson and Lovells will make way for a single CEO structure. If approved by vote, Stephen Immelt will be in charge. Congratulations! [Am Law Daily]

* And the peasants rejoiced, for one of the FLSA overtime suits filed by a document review attorney has survived a motion to dismiss. Quinn Emanuel must have been genuinely shocked by this judge’s ruling. [Am Law Daily]

* “One thing we understand is law and economics.” Yet another law school finally, finally gets it. George Mason University School of Law has agreed to freeze its tuition — for the time being. We may have more on this development later today. [InTheCapital]

* George Huguely V, the UVA LAX bro convicted of killing his ex-girlfriend, has got one hell of a lawyer. Paul Clement is arguing his client’s right to counsel was violated at trial. [Richmond Times-Dispatch]

“Baaah.”

– Goat. That’s what the goat said when called into a courtroom as a witness against 28-year-old Katana Kitsao Gona in the latter’s sentencing for bestiality. It must have been compelling testimony because Gona got 10 years.

(Video of a news report on this story, after the jump….)

double red triangle arrows Continue reading “But Will This Goat Have To Enter Witness Protection?”

Ed. note: This is a new column from a person who didn’t just go from Biglaw to a smaller office, he went from big bad New York City to someplace where they care about the Big Ten network. It’s a different client roster and a different life.

As promised, the topic of this column is the difference in client service when you move to a smaller regional firm. First things first: I see from the comments on my last article that many of you are curious about the clients I represent here in Real America. Apparently it is very hard for some of you to believe that the types of clients that you have on the coasts also exist here in the Midwest. Believe it or not, we have banks! We have real estate investment trusts! We have life-science companies! We have parts manufacturers for any number of industries! We have mortgage servicers! We have large retailers with labor and HR issues!

And because these things exist, they need help from attorneys like us….

double red triangle arrows Continue reading “What Kind Of Clients Do You Have In Flyover Country?”

Amanda Knox

* Oh baby (or the lack thereof): the Supreme Court has decided to take on two of the cases asserting religious challenges to the Affordable Care Act’s contraception coverage mandate. [Blog of Legal Times]

* “[H]e has a Rolodex like a Ferris wheel.” Delaware’s Supreme Court Chief Justice is retiring from the bench to join Potter Anderson & Corroon, where that Rolodex will come in handy. [Wall Street Journal]

* Italian prosecutors think Amanda Knox should be convicted of murder (again) and given a 30-year sentence in a retrial she’s not even there for. This kind of sounds like it’d be a double-secret conviction. [CNN]

* With fall finals right around the corner, law students can take comfort in the fact that next week they’ll be soothed by therapy dogs — ones that’ll need therapy after dealing with law students. [WSJ Law Blog]

* If you’re considering applying to law school against all odds, you should determine when the right time to apply would be. Don’t listen to your parents, listen to your gut. [Law Admissions Lowdown / U.S. News]

* If you haven’t heard, the Beastie Boys are having a copyright fight with toymaker GoldieBlox over a parody of the song “Girls” that’s been used in a commercial. Fair use? Decide after the jump. [NBC News]

double red triangle arrows Continue reading “Morning Docket: 11.27.13″

Kent W. Easter

* Former U.S. Attorney Neil H. MacBride will be joining Davis Polk as a partner in the firm’s white-collar defense practice. Nice work, DPW — he’s actually kind of cute. Earn back that rep! [DealBook / New York Times]

* Matthew Kluger, most recently of Wilson Sonsini, was disbarred in D.C. following his insider trading conviction. His criminal career apparently began while he was still in law school. Sheesh. [Blog of Legal Times]

* Kent Easter, he of the “I am but a spineless shell of a man” defense, was just on the receiving end of a mistrial. It seems the jury was totally deadlocked. Guess they felt bad for him. [Navelgazing / OC Weekly]

* The Iowa Law Student Bar Association supports the school’s decision to cut out-of-state tuition by about $8,000 because to stand against such a measure would be absolutely ridiculous. Congratulations on not being dumb. [Iowa City Press-Citizen]

* Apple won more than $290 million from Samsung in its patent infringement retrial. Siri, tell me what the fifth-largest jury award in the U.S. was in 2013. OMG, I didn’t say delete all my contacts. [Bloomberg]

* The trial for James Holmes, the shooter in the Aurora, Colorado movie theater massacre, was delayed by a judge until further notice. A hearing has been scheduled to reassess the situation in December. [CNN]

* Myrna S. Raeder, renowned expert on evidence and criminal procedure, RIP. [ABA Journal]

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