* Choose your own adventure: Will you read this to see how many times Justice Alito recused himself during OT 2013? Or will you read this to see Justice Alito’s doofy-looking picture? [National Law Journal]
* Hackers took down the entire PACER system as well as various federal court websites on Friday. No, the FBI says it was “technical problems.” Oops, nope, still hackers. [Switch / Washington Post]
* It seems the best way to train new associates is to do the opposite of what Biglaw has been doing for decades. Take Stephen Susman’s word for it — you could probably end up with a $40k bonus. [The Careerist]
* “Everybody’s been very nice to us, even though we’re lawyers.” Shocker. David Boies, Ted Boutrous, and Ted Olson had fun at the Sundance Film Festival promoting “The Case Against 8.” [Associated Press]
* Finally, a happy ending to an absurd science experiment. Over the weekend, a judge ordered that Marlise Munoz, a brain-dead pregnant woman in Texas, be removed from her respirators and ventilators. [CNN]
[T]he role of the district judge is not to gloss over serious issues for the sake of preventing additional work for the court. Rather, in a criminal trial, the judge is entrusted with the responsibility of ensuring that the constitutional rights of the accused are safeguarded from the whims of public opinion, prejudice, and expediency.
– Judge Martha Craig Daughtrey, in an opinion reprimanding Judge David Dudley Dowd Jr. for failing to remove a juror whose comments gave “some indication that he could not decide the case fairly and impartially” (due to its unsettling subject matter, child pornography).
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.
* 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]
* 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]
* 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]
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….
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….
* “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]
– 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….)
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….
If you are considering a virtual law practice, you know that many of today’s solo firms started that way. But why are established, multi-attorney law firms going virtual?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Reduces malpractice risk
Enables you to gather the best attorneys to fit the firm, regardless of each person’s geographic location
Leverages mobile devices and cloud technology to enable on-the-spot client and prospect communication
Transitioning in-house is something many (if not most) firm lawyers find themselves considering at some point. For many, it’s the first step in their career that isn’t simply a function of picking the best option available based on a ranking system.
Unknown territory feels high-risk, and can have the effect of steering many of us towards the well-greased channels into large, established companies.
For those who may be open to something more entrepreneurial, there is far less information available. No recruiter is calling every week with offers and details.
In sponsorship with Betterment, ATL and David Lat will moderate a panel about life in-house and we’ll hear from GCs at Birchbox, Gawker Media, Squarespace, Bonobos, and Betterment. Drinks, snacks, networking, and a great time guaranteed. Invite your colleagues, but RSVP fast, as space is limited.
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 seven years. You can reach them by email: email@example.com.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.