Ted Frank

Because football is better than job stats.

* In the latest round of musical chairs, Skadden Arps managed to scoop up products liability queen and top woman litigator Lisa Gilford from Alston & Bird. Congratulations! [The Recorder (sub. req.)]

* Is merger mania a thing of the past? With pocketbooks tighter than ever, “pseudo-mergers” are starting to look great. No one will complain about more lawyers with less liability. [Legal Intelligencer]

* Man, it’d be great if you could represent plaintiffs in a class action suit and keep all of the settlement funds without having to pay your clients a cent. Oh wait, you can actually do that? [New York Times]

* “It shows he’s adventuresome and he’s got good taste.” Peter Zimroth, the lawyer appointed to oversee the reform of the NYPD’s stop-and-frisk policies, married very, very well. [Wall Street Journal (sub. req.)]

* The ABA approved Texas A&M’s acquisition of Texas Wesleyan’s law school. Hello to the Texas A&M Johnny Football School of Law! We hope to see the Heisman of employment stats. [National Law Journal]

* A judge says the woman who sued Paula Deen for racial discrimination was nothing more than an “accidental victim.” And like that, her race-based claims have melted away like butter, y’all. [ABC News]

Law school’s epitaph?

* Hiring a Supreme Court clerk might not be worth a $500,000 gamble for some Biglaw firms. Some will take that sweet sign-on bonus and remove their golden handcuffs before a year is out. [Capital Comment / Washingtonian]

* Akin Gump partner and D.C. Circuit nominee Patricia Millett won approval from the Senate Judiciary Committee by a margin of 10-8 along party lines, and now her nomination will head to the full Senate for a vote. [Huffington Post]

* President Obama nominated Michelle Friedland and John Owens, two young Munger Tolles & Olson partners, for seats on the Ninth Circuit. If confirmed, that’ll make three partners from the same firm on the bench. [The Recorder]

* Sorry, law firms, but it’s no longer cool to inflate hourly billing rates for contract attorneys when you pay them substantially less. You can thank Ted Frank for this judicial revelation. [WSJ Law Blog]

* The ABA Task Force on the Future of Legal Education thinks that just about everything having to do with law schools is “deeply flawed” and needs “serious re-engineering.” How comforting. [ABA Journal]

* Law School Transparency is willing to assist schools with the reporting of their ABA post-graduation job placement statistics, for a price. How much is integrity worth these days? [National Law Journal]

* For $25K, Casey Anthony’s bankruptcy trustee won’t make her sell the worldwide rights to her story — like her theory of the crime she was acquitted of, it “exists solely within [her] mind.” [Sun-Sentinel]

The fact that the billing rates of contract attorneys are in excess of what the law firm pays them is not unusual or untoward. That’s to cover overhead and have a profit built in.

Ira Press, a partner at Kirby McInerney, offering commentary on the Citigroup billing frackas that’s made headlines of late. On average, the firm billed out contract attorneys who worked on the matter at about $465 an hour, but likely paid them just $60 to $75 an hour for their “special expertise” and services. Ted Frank, aka the Class Action Avenger, is not happy about all of this.

A ‘beauty culturist’ at work.

* The latest update on the law school litigation front represents good news for New York Law School. [National Law Journal]

* Should summarizing a one-day deposition transcript really cost $90,000? Even DLA Piper might blush at such a bill. [Point of Law]

* Ropes & Gray isn’t backing down in the discrimination lawsuit brought by former partner Patricia Martone. (We’ll have more on this later.) [Am Law Daily]

* No, silly polo mogul, you can’t adopt your 42-year-old girlfriend to shield your fortune from litigation. [ABA Journal]

* Replacing “barbers” with “beauty culturists”? This is Indiana and not California, right? [WSJ Law Blog]

Harvey Dent was a lawyer who made his own luck. How did that work out for him?

I think one of the biggest differences between Republicans and Democrats (beside, apparently, gun ownership) is that Republicans tend to worry about making the world safe for successful people, while Democrats are a little more worried about making the lives of unsuccessful people not so crushingly terrible. I’m not talking about specific policies, so much as I’m talking about attitudes. In broad strokes, Republicans want people to pull themselves up by their bootstraps, and Democrats are worried about the people who don’t have any boots.

What I just said above isn’t a new idea, but I think that kind of dichotomy is playing out in responses to the legal job market, somewhat regardless of party affiliation. There is one group of people who are a little more concerned with how a young graduate can make it in these challenging times, and there is another group of people who are more worried about the masses of people who won’t “make it.” Unlike national politics, I don’t think there are obviously right and wrong perspectives on this, I just think that it’s more useful to focus on the structural problems that cause so many to fail, as opposed to the happy circumstances that lead a few to succeed.

It’s not going to surprise anybody that a prominent conservative commentator, Ted Frank, has a different perspective than I do….

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* From the White House to the ivory tower: Cass Sunstein is leaving OIRA to return to Harvard Law. Perhaps his thoughts on behavioral economics and public policy will be appreciated in academia. [New York Times]

* It’s too late to apologize this time, Cesar. Greenberg Traurig has been sanctioned in the TD Bank to-do for the firm’s negligent failure to bring forth documents during discovery. [Tampa Bay Business Journal]

* Jared Loughner is reportedly set to plead guilty in the Arizona shooting attack that killed six people, including Judge John Roll, and injured 13, including former Representative Gabrielle Giffords. [Los Angeles Times]

* Lance Armstrong is going for the gold against the U.S. Anti-Doping Agency, this time with a bid to Judge Sam Sparks for a restraining order blocking the USADA from forcing the cyclist into binding arbitration. [Bloomberg]

* “[T]his is not the time for us to become an international accrediting agency.” The ABA will remain a faulty U.S. accrediting agency, because the Legal Ed Section voted against accrediting foreign law schools. [ABA Journal]

* Apparently Texas Tech Law has more than beauty queens. Secretary of Defense Leon Panetta has appointed dean emeritus and current law professor Walter Huffman to the new Defense Legal Policy Board. [KCBD 11]

* Remember Joshua Gomes, the UVA Law student who allegedly broke into the school’s registrar office? As it turns out, there’s no more “allegedly” about it. We’ll likely have more on this news later today. [Daily Progress]

* Law school graduates’ tales of woe are still making headlines in newspapers. Please take heed, 0Ls, and remember that you decided to discount this info if you’re told that you “should have known better.” [Oregonian]

* If you want to eat mor chikin but the thought of supporting Chick-fil-A’s stance on gay marriage is giving you indigestion, now you can eat your fill with the assistance of Ted Frank’s chicken offsets. [Huffington Post]

The vetting of a Supreme Court Justice

Ted Frank tweeted something brilliant at us this weekend. A law professor and blogger, Kyle Graham, was digging through documents at the Reagan Presidential Library. (Side note: if you’ve never been to a presidential library, go; all the ones I’ve been to are excellent.) Professor Graham came across a great find: the vetting form that O’Melveny & Myers chairman A.B. Culvahouse used to vet Supreme Court Justice Anthony Kennedy.

The document is fascinating. Vetting somebody for a lifetime appointment is serious business, but it’s hard to imagine having your private life invaded to this magnitude.

It’s particularly interesting in light of Chief Justice John Roberts’s vote in the Obamacare case. Lots of people have asked why conservatives seem to have problems nominating justices who will doggedly toe the ideological line. Perhaps some answers can be found in the vetting document?

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... except when it's forced upon us.

As we mentioned in Morning Docket, Chief Judge Jonathan Lippman of the New York Court of Appeals announced yesterday that a new bar admission hurdle would be foisted upon would-be lawyers in the state, in the form of a 50-hour pro bono requirement.

Apparently poor people in the Empire State have been having trouble securing legal services, so what better way to assist them than to force similarly situated people to come to their aid? Instead of relying upon existing attorneys to lend a helping hand to those in need, Judge Lippman has chosen to force the task upon those who have no choice but to obey.

Chief Judge Lippman had a good idea, but it’s a bit misplaced. Let’s discuss what the new pro bono requirement means for you, and delve into what others are saying about it….

double red triangle arrows Continue reading “New York Forces Pro Bono Requirements Upon Would-Be Lawyers Because No One Else Cares About Poor People”

Last Wednesday, we reported on Baylor Law School’s inadvertent release of personal academic information for its entire admitted class — names, addresses, GPAs, LSAT scores, and scholarship offers. Last Friday, my colleague Elie Mystal used this data to argue in defense of affirmative action.

We believe in offering a wide range of perspectives here at Above the Law. That’s one thing that’s nice about having four full-time writer/editors — myself, Elie, Staci Zaretsky, Chris Danzig — and about a dozen outside columnists.

Today we bring you a different viewpoint on the Baylor law admissions data. Prominent lawyer and blogger Ted Frank, previously profiled in these pages for his work in the class-action area, uses the same data to argue against affirmative action.

Let’s hear what he has to say, shall we?

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* Wow. David Brock, head of the liberal watchdog group Media Matters, “paid a former domestic partner $850,000 after being threatened with damaging information involving the organization’s donors and the IRS,” according to allegations in a lawsuit. [Instapundit]

* Is the Supreme Court going to gut affirmative action in the Fisher case? Not necessarily, according to Dan Slater. [Daily Beast]

* Should we be shocked by allegations that Ted Frank’s adversaries misquoted precedent? Maybe not; Mazie Slater has a talking website. [Center for Class Action Fairness]

* Are you a legal geek with a weakness for interesting historical tidbits about famous cases? Check out Professor Kyle Graham’s new blog. [NonCuratLex.com via Volokh Conspiracy (Orin Kerr)]

* If you’ll be in Los Angeles on March 8, consider attending this legal industry “battle of the bands” — with proceeds going to worthy charities. [Law Rocks]

* Could next year’s Oscar nominees include a Dreier documentary? The film does look pretty cool (movie trailer after the jump). [Am Law Daily]

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