Washington D.C.

If you read a lot of e-discovery articles — and I know y’all do — you know that judges are quickly losing any patience for attorneys who don’t have their act together during e-discovery (or even regular old discovery).

I know that nothing about the process is simple or easy. I know e-discovery is expensive and time-consuming and involves complex computer programs that most people don’t understand. But seriously, everyone needs to hurry up and figure this stuff out.

Otherwise you might end up like the attorneys for the city of Washington, D.C., who got benchslapped so hard on Monday that they won’t be able to see straight for a week.

Read on to learn about what Chief Judge Royce Lamberth (D.D.C.) described as a discovery abuse “so extreme as to be literally unheard of”….

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I think it’s important for lawyers on the other side of the political divide from Paul, who’s a very fine lawyer, to reaffirm what Paul wrote [in his resignation letter from King & Spalding]. Paul is entirely correct that our adversary system depends on vigorous advocates being willing to take on even very unpopular positions. Having undertaken to defend DOMA, he’s acting in the highest professional and ethical traditions in continuing to represent a client to whom he had committed in this very charged matter.

Seth Waxman, former U.S. Solicitor General (under President Clinton) and current WilmerHale partner, commenting to Washingtonian magazine on the decision of fellow former S.G. Paul Clement to resign from King & Spalding and join Bancroft PLLC. At Bancroft, the D.C. boutique law firm founded by former Assistant Attorney General Viet Dinh, Clement will continue to represent the Bipartisan Legal Advisory Group of the House of Representatives in its defense of the Defense of Marriage Act (DOMA).

Paul Clement (left) and John Boehner (right)

The leading law firm of King & Spalding, which came under fire from LGBT rights groups after its defense of the Defense of Marriage Act (DOMA) became public last week, has moved to withdraw from the litigation. The firm cited problems with the vetting process applied to the engagement.

And Paul Clement, the former U.S. Solicitor General and King & Spalding partner who was going to spearhead the DOMA defense, is now a former K&S partner. He resigned from K&S this morning, in response to the firm’s withdrawal decision. Clement will continue his representation of the House of Representatives in DOMA litigation from his new home, Bancroft PLLC, the high-powered D.C. boutique founded by a fellow alum of the Bush Department of Justice, Georgetown law professor Viet Dinh.

UPDATE (12:20 PM): We reached out for comment to Professor Dinh, who said: “Paul wins the biggest cases and Bancroft solves the most complex problems. This is a no brainer. We will continue to do what Paul and I love doing most, which is to serve the best interests of our clients.”

Let’s take a look at King & Spalding’s stated justification for dropping the DOMA representation, and at Paul Clement’s resignation letter….

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Although this could change, right now it looks like the federal government is about to shut down (for the first time in 15 years). Here’s an open thread for discussion.

Speaking of shutting down, we’re done for the day. To learn about how the courts and the Department of Justice will (or won’t) be affected by the shutdown, check out the excellent links collected below.

UPDATE: A compromise deal has been reached, averting a shutdown. Yay!

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I’ve only been on one blind date in my life. Arranged by a journo friend, it was actually more like a sneak-peek date, since the suitor and I Facebook-friended and g-chatted prior to getting drinks for the first time.

My Courtship Connection participants are not so lucky. Their dates are completely blind — they don’t even know one another’s names prior to meeting. All they know is that they’re going to be meeting up with a lawyer or law student. I’m still in mild disbelief that risk-averse legal types are willing to participate, but I suppose the risk of being partner-less in perpetuity is greater than that of a single, potentially-horrific date.

So, how do you best set the tone for such a night? I always ask participants to wear or bring something distinctive so they can find one another. I recently paired a do-gooder attorney with a legal academic; the two seemed like hipster types to me, but I was hesitant about sending them all the way to H St. NE, so instead I chose The Passenger for their rendezvous. Our self-described “cheery, active, irreverent” lady lawyer said she’d be “wearing high heels and carrying a cantaloupe.”

So guess what our “hippie economist” brought? Hint: it’s phallic….

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What’s more hopeless than sending two lawyers out on a blind date and hoping they hit it off? Answer: Sending thirty-something lawyers out on a blind date and hoping they hit off.

It’s safe to assume that a person (and especially a woman) still single in their 30s is a picky type. As Elie recently lectured a trio of spinsters +30 single ladies, “You could have gotten married at some point in your 20s and you chose not to. There’s not something wrong with the guys you date; there’s something wrong with you.” It’s possible that Elie learned all that he knows about women from Lori Gottlieb.

Despite odds being stacked against me, I decided to match up two D.C. lawyers in their mid 30s. They have different political stripes, but both named Atticus Finch as their favorite legal character, and would gladly give up gavels for spatulas. Asked for three words about themselves, he said he was a “funny nerdy cultured chef” and she said she was a “city-dwelling chef/policy-wonk.” They sounded like they should be able to come up with a recipe for romance…

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In my earlier story about Justice Antonin Scalia’s fender-bender on the George Washington Parkway, I tossed out a question: What kind of car does Justice Scalia drive?

A few years ago, Justice Scalia drove a BMW. Is Nino still partial to Bimmers, or has he switched his automotive allegiances?

Now we know the answer — and more about the accident, including whether Justice Scalia was at fault….

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The wheels of justice might have taken a wrong turn today. It seems that Justice Antonin Scalia had some minimum contacts — with another vehicle, on a highway outside D.C.

According to a Supreme Court spokesperson, Justice Scalia was involved in a minor car accident this morning, while heading in to One First Street to hear oral argument in Wal-Mart v. Dukes. The accident took place on the George Washington Parkway (a tricky road to drive on, as I know from my time spent in Washington).

Justice Scalia — my personal favorite among the justices, for his brilliance, wit, colorful personality, and unmatched writing skill — was thankfully not injured. He made it on to the bench in time for the Tuesday oral argument session.

What kind of car does Justice Scalia drive?

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A couple of participants played Courtship Connection musical chairs

At the heart of our Courtship Connection series is the premise that lawyers play well together in romantic relationships. Hopefully the story earlier this week of an engagement between two lawyers going horribly wrong won’t discourage future participants from taking on a fellow lawyer as a playmate.

Previous Courtship participants aren’t discouraged, at least. Perhaps you remember the whiskey-swigging law student who was “prettier/kinder/smarter” than the Blue Moon-drinking fellow student I paired her with? In her write-up, she expressed an interest in the “nice, smart, and talkative” Big Gov lawyer who wasn’t swept off his feet by a fellow conservative attorney over dim sum on Valentine’s Day. She was up for “steamed buns” but, sadly, he wasn’t.

Our picky Elephant says that “a friend” alerted him to whiskey girl’s call to action. He emailed me to say he was up for it, so I sent them out to The Tabard Inn in Dupont Circle. He wound up getting that action. At least, I think he did…

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This installation of the Courtship Connection has some important advice for blind daters. If you are feeling sick or if you are feeling exhausted, or if you are suffering from those two conditions combined, you should just reschedule.

(Last week, one of our participants was sniffly on her date and still managed to make a love connection, but we should all think of that as the exception and not the rule.)

I had high hopes for these two do-gooder lawyers in their late 20s, who named First Amendment law and environmental law as their favorite classes in law school, respectively — and who managed to translate their noble passions into professional gigs. Both Donkeys — d’uh — he said that if he weren’t a lawyer, he’d be a “singer for an unsuccessful band,” and she said she’d be a “yoga teacher, park ranger, and world traveling vagabond.”

Such a precious pairing! I sent them to Adams Morgan’s Tryst on a Tuesday evening to drink environmentally-sustainable coffee and chat about how to keep Obama in office come 2012. She was enchanted and even went so far as to send a text post-date. Unfortunately, that text went ignored. Here’s why…

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