Texas

Amanda Knox

* Of course there’s a gender pay gap in Biglaw, but none of the firms are going to tell you about it. We’ll be discussing the results of the annual National Association of Women Lawyers survey later today. [ABA Journal]

* In case you’ve been sleeping under a rock, Texas struck down its ban on gay marriage, but stayed the ruling pending appeal. Seriously, of all places, this happened in Texas. Yeehaw! Ride ‘em, cowboys! [New York Times]

* Well, there goes that “judgment proof” argument. An insurer must defend the Temple Law student who shot a Fox Rothschild partner’s unarmed son under his parents’ homeowners insurance policy. [Legal Intelligencer]

* New Mexico Law didn’t like what it found after auditing its SBA’s off-campus bank account. FYI: the SBA apparently isn’t supposed to spend money on bars, liquor, and restaurants. Who knew? [Albequerque Journal]

* “I don’t want to pay for someone else’s peculiar behavior.” Amanda Knox’s ex-boyfriend, Raffaele Sollecito, is changing his tune about his former flame as their appeal date gets closer and closer. [CNN]

Texas state senator and gubernatorial hopeful Wendy Davis has been on the defensive recently, ever since a Dallas Morning News piece documented inconsistencies between the story of personal struggle Davis has been using to promote herself in her campaign and . . . well, the facts.

Wendy Davis has since admitted that her campaign’s story included errors and misleading spin. She said in an interview, “My language should have been tighter. I’m learning about using broader, looser language. I need to be more focused on the detail.” (Just what we all want: the leader of the second most populous state in the union who admits she struggles with attention to details, starting with those of her own life.)

Davis supporters argue that Wendy’s political ambitions and personal life get judged by a double standard because she’s a woman. They claim male politicians don’t face this high scrutiny and that her critics reveal their misogyny by subjecting her to higher standards.

Of course, that’s a canny political pivot: make criticism work to your advantage by redirecting the negativity back to the critics themselves. What about the underlying question, though? Is Wendy Davis subject to a double standard because she’s a woman?

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The craziest things happen during the course of litigation in Texas. From threatening to enlarge opposing counsels’ assholes and forcing associates to spy on jurors to using terms like “c*nt” and “dumb sh*t” when referring to colleagues and calling partners “uppity bitches,” things can get a little loco in the Lone Star State.

Bad behavior like this is usually on the part of the lawyers themselves, not their clients. But maybe the clients have decided to take some cues from their lawyers. In Texas, clients now think it’s cool to threaten to anally rape testifying deponents, question lawyers’ sexual orientation, threaten to fight them on the record, and show up to videotaped depositions wearing t-shirts emblazoned with multiple f-bombs.

We always knew that things could get a little wild during depositions, but not this wild….

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Wendy Davis

I’m not saying there aren’t brilliant people at S.M.U. — I’m sure there are. But I really wanted to finish my experience in this extraordinary academic setting that I’d been in.

– Texas gubernatorial candidate Wendy Davis, explaining in an interview with Robert Draper of the New York Times Magazine why she chose to remain at Harvard Law School for her final year of school, instead of completing her legal education at Southern Methodist University, where she’d be closer to her children.

Wouldn’t it be great if you could just hang out in the venire assembly room and observe all the potential jurors? You could make note of conversations they have, what they’re wearing, books they’re reading, and generally get a head start on the opposition when it comes to evaluating preemptive strikes. If your firm hired a jury consultant, they could get a jump on working out the psychological profiles of the potential jurors.

That’s probably why courts don’t let lawyers hang out in the venire room.

But that didn’t stop one partner from sending his associate on a fact-finding mission against the court’s express rules. And now the whole Biglaw defense team faces a motion from a cranky adversary….

double red triangle arrows Continue reading “That’s One Way To Pick A Jury. Maybe An Unethical One, But It Is One Way.”

Wendy Davis

* According to the latest Citi report, the Am Law 50 outperformed the rest of their ilk in terms of net profits and profits per equity partner. As for the rest, ha ha ha, enjoy all of your “modest” returns. [Am Law Daily]

* The ABA’s Standards Review Committee is close to a decision on its bar-exam passage standard for accreditation. It’s tough to protect students and law schools at the same time. [National Law Journal]

* Oh my! Professors at Albany Law are incredibly pissed the school would dare imply they suggested lowering academic standards to put asses in seats and stave off faculty layoffs. [New York Law Journal]

* Wendy Davis has left her position at Cantey Hanger, one of Fort Worth’s largest law firms, to dedicate herself fully to her bid to become Texas’ Next Top Governor. You stand, girl! [Fort Worth Star-Telegram]

* Yuna, a Malaysian pop star with a law degree who’s worked with artists like Pharrell, doesn’t think she’ll be able to fall back on her J.D. now that she’s in America. Funny, because many Americans feel exactly the same way. [Pittsburgh City Paper]

Uhh… my bad.

The big news in “Justice” today is a new report from Professor Samuel R. Gross of the University of Michigan Law School showing that exonerations of convicted criminals are on the rise. Gross used data from the National Registry of Exonerations to determine that 87 prisoners were freed from wrongful convictions last year, the highest number in decades.

In a way, that’s good news. More exonerations suggest that more resources are being spent going back over closed cases and freeing people based on new or better evidence. But the report is also chilling proof that our criminal justice system gets things wrong, all the time, and innocent people go to jail because of it.

Instead of being obsessed with conviction rates, state bars might want to look into prosecutorial f**k-up rates. Because it is better that ten guilty persons escape than that one innocent suffer…

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Back in 2011, we complained about the complexity of Vinson & Elkins’s compensation system, which involved a deferred compensation arrangement. The next year, the firm fixed it.

Last year, when ATL readers rated Texas law firms, Vinson & Elkins came in #5 out of 6 firms in terms of associate satisfaction with compensation. But maybe the firm has fixed that as well?

Based on the reports we’ve heard so far, associates at V&E are in fact V.E. — “Very Elated” — about their bonuses….

(Please note the very important UPDATE added to the end of this post — and reflected in our tinkering with the title. Some people are less than thrilled….)

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It’s been well documented in these pages that male lawyers in Texas are a little rough around the edges, and many of them seem virtually incapable of getting along with their female counterparts. To that end, some of them have threatened to enlarge opposing counsels’ assholes, and others have used terms of endearment like “c*nt,” “flat-chested bitch,” and “dumb sh*t” when referring to women colleagues.

With that as a backdrop, it’s no wonder that even more colorful allegations are coming out as a result of a small-firm breakup in Texas. Sure, the defendant in this case may have allegedly “emptied” the firm’s bank account before she left for her new firm, but perhaps she had a good reason to do so.

You’d probably want to take the money and run too if your partner was allegedly sexually harassing female employees and “requesting sex for favorable treatment” within the firm….

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It will likely warm the cockles of many a Biglaw heart to hear that a bunch plaintiffs’ attorneys got smacked around by a federal court for trying to steal funds from Uncle Sam. They may beat your clients — and deservedly so, since your clients were totally poisoning people — but at least they won’t be getting away with their fat paychecks. Bask in that satisfaction as you go back to your less lucrative life.

If you want to know exactly how these lawyers did it (so you know what not to do, of course), then read on.

Or if you just want to point and laugh at the irony of public interest plaintiffs’ attorneys getting tagged for failing to pay their fair share to the public coffers, you can read on for that too….

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