Winning

Yep, born and raised right here in Miami, Florida. I know, you hate me more now. Shucks. When I was a kid though, the only people who took their talents to South Beach were drug dealers, prostitutes, and movie producers depicting the place through the eyes of Tony Montana.

And now we are NBA Champions. We deserve it. We’ve waited a whole six years for this.

And you hate us. We love it, watching all of you whine and moan about how much you hate the Heat, hate Lebron, how Miami “bought” their championship. Yep, we bought it – cost a fortune too, you petty jealous nothings. We are the best, we are having a parade, probably right at the moment you sit in your miserable office, or Starbucks, and read this.

No surprise that I am a big fan of divisive people. I love watching the hate, the squirming when these people are successful, the “yeah, but…” commentary. I love watching losers nip at the feet of winners.

Lawyers love to do this…

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Tom Wallerstein

Law bloggers, including me, spend a lot of time talking about the economics of being a lawyer. This site voraciously covers news about salaries and bonuses, and often opines about the financial value of a law degree. I, too, often write about some particular financial aspect of managing a litigation boutique.

But as I have told countless prospective and current law students, if you’re in it for the money, you’re in the wrong profession. And this was true even in the glory days when six-figure bonuses were routine, and when students were only half joking when they called for starting salaries of $190,000 per year.

Virtually no amount of money can justify tolerating everything it means to be an attorney. Ask someone like Will Meyerhofer. The billable hours, the deadlines, and the overall stress makes many attorneys question why they ever went to law school in the first place. Dear 16 year old me…

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The normally tepid e-discovery world felt a little extra heat of competition yesterday. Recommind, one of the larger e-discovery vendors, announced Wednesday that it was issued a patent on predictive coding (which Gabe Acevedo, writing in these pages, named the Big Legal Technology Buzzword of 2011).

In a nutshell, predictive coding is a relatively new technology that allows large chunks of document review to be automated, a.k.a. done mostly by computers, with less need for human management.

Some of Recommind’s competitors were not happy about the news. See how they responded (grumpily), and check out what Recommind’s General Counsel had to say about what this means for everyone who uses e-discovery products….

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Ed. note: This is the latest installment of Small Firms, Big Lawyers, one of Above the Law’s new columns for small-firm lawyers.

Let me tell you about a couple of cases I lost. Now, wait: before the Commentariat sharpens its knives (“This guy couldn’t get a big-firm job, then loses all his cases. No wonder he’s writing for ATL. Heh.” — Guest), let me point out a few things. In 17 years as an employment litigator, I’ve won plenty more cases than I’ve lost. But I didn’t learn as much from the cases I won; I learned much more from the ones I lost.

So this post covers the single most important lesson I’ve learned in litigation, and now I’m sharing it with you. You didn’t learn it in law school, and you’re not likely to find a CLE on it. But the lesson these two cases illustrate can prevent you from making the most common mistake lawyers make.

And learning that lesson will help you win more cases.…

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