I don’t think the bar exam should be easy. When you look at the proliferation of law schools and how easy it is to get into law school, I think that the bar exams become the limiting factor of last resort.
Don’t get me wrong, it’s a shame that the bar doesn’t test skills that lawyers actually need to serve clients. It’s a shame that the bar is basically reduced to a test of memorization, information ordering, and most importantly, reading comprehension. The bar is just a barrier to entry, not a true licensing test.
But when you have a record number of people taking the damn thing in February in New York, right in the middle of a market that doesn’t have enough job for lawyers, I don’t really have a problem if half of those people are broken by two days of the New York bar.
So it’s not going to come as a surprise that I’m glad New York is New York and not Texas….
Should the parties choose to string this case out to trial on the merits, the Court encourages reasonable discovery intercourse as they navigate the peaks and valleys of litigation, perhaps to reach a happy ending.
– Chief Judge Fred Biery of the Western District of Texas, denying a preliminary injunction sought by strip club owners in San Antonio who are challenging city regulations that would require bikini tops instead of pasties to avoid stringent licensing requirements.
(The Chief Judge produced over seven pages of genius double entendre. Check out the full opinion, which he entitled “THE CASE OF THE ITSY BITSY TEENY WEENY BIKINI TOP V. THE (MORE) ITSY BITSY TEENY WEENY PASTIE,” after the jump….)
We’ve received a spate of tips about judges losing their cool lately. Obviously most of them aren’t going around on killing sprees — or maybe they are — but several have plopped themselves into hot water in other ways.
Some argue that judges are overworked, underpaid, and fed up with disrespectful pro se litigants. Maybe, but how does that explain the Vegas judge we recently flagged in Non-Sequiturs for putting a litigant in jail for saying “thank you”? A litigant can’t get much more respectful.
For the judges we’ll profile here, the real culprit might be a potent cocktail of insecurity and a view of the law as their personal plaything….
* The DOJ is seeking treble damages against Lance Armstrong over his USPS sponsorship funds, alleging the athlete was “unjustly enriched.” This lawsuit is clearly on steroids; the bike dude’s got an eye for that sort of thing. [NBC News]
* Dewey know how much Steven Davis had to fork over to the firm’s estate to settle its mismanagement claims against him? It’s pocket change compared to what some former partners had to pay into the partner contribution plan. [Am Law Daily]
* “Golden handcuffs,” law school style: the Texas attorney general’s office is looking into the UT Law School Foundation. Apparently giving out forgivable loans to law profs like candy is a big no-no. [Austin Business Journal]
* Duncan Law hopes to get ABA accreditation through its conflict resolution center, which will “attract more students.” Yep, because more students equals more job opportunities. [Knoxville New Sentinel]
* The accused ricin guy might’ve been a whackjob, but the charges were dropped. His lawyer believes he was framed by a guy who was recently arrested on child molestation charges. Cray! [Bloomberg]
* Edward de Grazia, defender of sexually explicit novels in Jacobellis v. Ohio, RIP. [New York Times]
Legally Blonde is a movie that inspired many a ditzy sorority girl to apply to law school — obviously the appeal of wearing a pink power suit to court was just too great for them to resist. Let’s face it: whether you like it or not, Elle Woods has become an icon of sorts for a generation of women who never realized that they could be smart and pretty at the same time. For that reason (among many others), she was able to make it to the Final Four of our Fictional Lawyer Madness competition.
Is all people see when they look at you blonde hair and big boobs? Then it’s highly likely that you, too, can get into Harvard Law on a whim! What, like it’s hard?
Unfortunately, there are some legal issues that not even women like Elle Woods can talk themselves out of, and we’ve got a potpourri of disorderly conduct allegations for you to feast your eyes upon….
* “[T]hese senators decided to do nothing. Shame on them” Yesterday, the Senate blocked gun-control legislation that could have saved lives, and Gabrielle Giffords, a victim of gun violence, wrote a powerful op-ed in reaction. [New York Times]
* DLA Piper won’t be churning that bill anymore because the firm managed to settle its fee dispute with Adam Victor, but it’s certain that the firm’s embarrassment over the overbilling incident will know no limits. [DealBook / New York Times]
* Ahh, best-laid plans: Kim Koopersmith, the first woman to serve as Akin Gump’s chair, never thought that she’d be working in a law firm. In law school, she wanted to work in public interest. [Bloomberg]
* You’ll never guess which firm has the best brand in Canada according to the latest Acritas survey, but that’s probably because you don’t care. Come on, it’s Canada. Fine, it’s Norton Rose. [Am Law Daily]
* Oopsie! Burford Capital claims that it would never have funded plaintiffs’ representation by Patton Boggs in the Chevron case if it weren’t for a partner’s “false and misleading” statements. [CNN Money]
* The wife of a former justice of the peace has been charged with capital murder after she confessed to her involvement in the slayings of Texas prosecutors Mike McLelland and Mark Hasse. [Reuters]
* I hope you’ve all got your taxes finished. Here’s a fun fact: most tax cheats live in the South and the West. The two areas of the country filled with people who think taxes are evil cheat more? Go figure. [NBC News]
* A detailed look at how the Federalist Society became so powerful in American law schools. Unfortunately, it neglects the “they tend to order better pizzas for their events” gambit. [Chronicle of Higher Education]
* Remember the new, depressing, public domain Happy Birthday song? The sponsor of that contest, WFMU, is at it again with a new contest to create modern, entertaining covers of public domain ditties. Despite my ragging on the birthday song, this is a pretty cool idea. [Free Music Archive]
* Are you a young lawyer complaining about your lot in life? You’re at this site, so statistically you are. Well, quit your bitchin’! [Associate's Mind]
* The Texas Supreme Court does not value emotional attachments to dogs. This is surprising because I can think of at least 10 country songs on this very point. [Law and More]
* Mocking law school couples with a GIF from Veep? Get out of my head, UChiLawGo! [UChiLawGo]
When it comes to equal opportunities in the workplace, women working in law firms have an especially raw deal. In most cases, men are the top earners, and they’re given more chances to bring in business than their female counterparts. Some claim that male lawyers have even gone so far as to purposely exclude women from client pitches and after-work bonding activities.
These observations aren’t new; women have been getting the shaft for decades in the good ol’ boys’ club we call the practice of law. But one law firm allegedly went a step further to shut out its female employees.
Deep in the heart of Texas, a female partner claims that men and women at her firm weren’t even allowed to work in the same room alone together with the door closed….
UPDATE (4/12/2013, 5:00 p.m.): Now with a statement from the firm, posted after the jump.
Mike McLelland Kaufman County District Attorney Mike McLelland
In an age of highly sophisticated criminal investigation techniques, showcased in CSI and similar shows, it would appear to be increasingly difficult to commit a murder and get away with it. This would be especially true for murders targeting people who work in law enforcement — individuals who know a lot about crime and who often take measures to protect themselves.
This is one of the reasons why the killing of Kaufman County District Attorney Mike McLelland and and his wife Cynthia, which we noted in Morning Docket, is so shocking and so chilling. But there are others….
A college graduate without student loan debt is akin to reading a kind quote about Kim Kardashian in a tabloid—it’s rare.
In the past eight years, student loan debt has nearly tripled to a whopping $1.1 trillion, and in the past 10 years, the percentage of 25-year-olds with such debt has risen from 25% to 43%
It’s gotten so bad, in fact, that New York Fed economists warned last month that the burden of student debt could stilt consumer spending by twentysomethings, as well as further hamper the recovery of the housing market and economy.
To get a better idea of what massive student loan debt (we’re talking over $100,000 massive) looks like, we talked to an attorney who graduated with a large student loan debt. We also consulted LearnVest Planning Services CFP® Katie Brewer to see just how their repayment plans stack up.
S. Fischer, 36, Attorney Graduated: 2001
How Much I Borrowed: $100,000
What I Still Owe: $45,000
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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 six years. You can reach them by email: email@example.com.
Deal flow has clearly picked recently up for most US associates, counsels and partners in Hong Kong/China and Singapore. We are on the phone with a lot of these folks on a daily basis, many of whom we have known for years. Further, the head of our Asia team, Evan Jowers, and Kinney’s founder and president, Robert Kinney, frequently meet in person with leading US partners in Asia to assess their needs and keep on top of the inside scoop at as many firms as possible. The need for legal recruiting help in Asia from experienced recruiters appears to be live and well. In March, Evan and Robert were in Beijing at such meetings, in April, Evan was in Hong Kong, and for half of June Evan will be in Shanghai and Hong Kong. Thus its pretty easy for us to tell when there has been an across-the-market pick up in capital markets and corporate work.
On an average day in Asia when Evan and Robert visit firms, they typically have 5 to 9 meetings a day, mostly with US partners in the market. The reason they have these meetings is not simply because Kinney makes a lot of US attorney placements in Asia and that a particular firm may have openings; instead these are just visits with friends. After years of working together as business partners, the folks at Kinney are actually these peoples’ friends. The firms Kinney work closely with in Asia (which is just about every law firm – call us if you want to know the one firm in the world we will never place anyone with again, ever, and why) look forward to the visits, or at least act like they do. After seven years in the market, many of the client partners are former associate candidates. Also, these US partners see Kinney as a very good source of market information as well, because they know how deep their contacts are in the market and how frequently they are speaking to counterparts at peer firms.
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