* The U.S. Postal Service helped kill an innovative, anti-junk-mail startup. You could say a bloated government agency is to blame. Or you could say cutting off the Post Office and forcing them to fund themselves through Faustian deals with junk mail distributors is to blame. Either way, a great idea was smothered. [Inside Sources]
* Missouri lawyer is hauled into a disciplinary hearing about his practice of showing a picture of a naked woman to a female client. He says it wasn’t about sex and he was just showing her the kinds of pictures that come up in a divorce proceeding. That sounds like a fine explanation. I mean, every divorce involves autographed photos of strippers. He also commingled funds. That’s less easy to explain. [Inside the Ozarks]
* Hey look! They brought back Debtors’ Prison. The prison-industrial complex has gotta get paid somehow. [Bergen Dispatch]
* Federal prosecutors in Manhattan are now looking into David Samson, the chair of the Port Authority of New York and New Jersey and a Christie appointee. If government agencies aren’t for petty revenge and plunder, then what are they for? [Talking Points Memo]
* Insurance company cronies threaten that insurance company may have to get out of the business because of all the lawyers winning cases making the insurance company actually pay their contractual obligations. Don’t they understand the purpose of litigation is just to collect premiums? [Legal Newsline Legal Journal]
* How ACLU attorney Ben Wizner became Snowden’s lawyer. [Forbes]
* “One of the reasons I could never imagine being a lawyer is because you have to account for your time in 15-minute increments.” Thankfully she was corrected and told that lawyers are actually more irritatingly measured in 6-minute increments. [Dear Prudence / Slate]
* With all the talk of patent law reform coming from the President, this is an excellent time to look back at eight dumb patents. [Mashable]
Have you ever sat around and thought, “Hey, I’d love to file a frivolous, nay sanctionable, lawsuit,” but just didn’t know where to get started? Well, you’re in luck — there’s an app for that! Never again will you be left wondering about just how crazy you can get with your harassing complaint.
Hurray for the Internet!
The folks behind it are trying to make a serious point about the high price of frivolous lawsuits. Not sure their motives are entirely pure, but it’s a fun little toy to play with, so let’s do that, shall we?
The kind of person who makes the rules about lawyer advertising through text messages.
When I find myself pontificating on lawyer propriety, you know things are bad. But a new ruling from the Ohio Supreme Court leaves me with no choice. Ohio has decided that it’s okay for lawyers to text message accident victims to advertise their services.
Can you imagine sitting in a hospital, recovering from injuries, and then getting a text message from an unknown number: “R U OK? I can get U $$$. I sue ppl 4 U!”
We live in a world where the Ohio Supreme Court said that such solicitations are “helpful.” In other news, we live in a world where old judges who don’t know what the f**k they’re talking about get to make the rules about technology they don’t understand….
There’s a general feeling that if you sue New York City, you’re going to get paid. Certainly, if you sue NYPD, you can expect a settlement. Part of that is because the police have probably actually violated or brutalized you. Part of that is because the police department would rather pay you hush money than have a high profile exploration of their gestapo tactics.
The city’s litigious retreat doesn’t extend to the MTA. One would think that being hit by a train would put you on-track for a big settlement (did you see what I did there?). But apparently not, the MTA will fight you tooth and nail, all the way through trial and appeals, to prevent you from getting money from subway accidents. The city’s lawyers will run a train on you in court (yes, I’m having fun, thanks for asking).
And the city is probably right to do this. Have you really thought about how stupid most people are behaving when they’re hit by the subway?
If there’s one thing I’m going to defend, it’s the right of American children to go out and die or injure themselves in whatever way seems best to them. Whether we’re talking about alcoholic energy drinks, or dangerous playground equipment, I’m not a fan of trying to legislate away childhood behavior. You shouldn’t sell kids a bag of glass, but we have fairly robust tort and consumer protection laws to weed that kind of stuff out.
Certainly, at the point when a child — or God forbid an adult — comes upon a giant roller coaster that does loops at 90 mph and says, “Oh, yeah, that looks perfectly safe,” I’m not sure what kind of “regulation” we’re supposed to be going for. If it crashes, you’ve got a tort action. If it doesn’t, you can thank whatever God you pray to and maybe next time take your ass to the bumper cars.
That stance puts me on the opposite of the newly elected junior Senator from Massachusetts, Ed Markey…
A law student sat in a chair, reclined, and fell on her ass.
Now she’s suing the school for her injury.
Read that again; I’m not making it up. Sit, fall, butthurt, sue.
I’m sure anti-tort-reform forces are busy putting together the HBO documentary, “Reclining Dreams: The True Story Of How One Chair SIGNIFICANTLY INCONVENIENCED A Student.” But I can only hope that the litigious law student has the time to sue her school because she hasn’t yet found a real job….
Plastic! Safe! A perfect training ground for future lawyers.
Mmm… Tort Law. All you need is a J.D. and a dream to get in on the action.
But have we gone too far? No, I’m not talking about the general accusations that tort lawyers make things more expensive for consumers (and the mega-companies they buy things from). I’m asking if our tort regime is crippling our future by hobbling our children. New studies suggest that our children’s playgrounds may be too safe.
Hehe. That’s right, parents who sue schoolyard bullies for saying on Facebook that your kids are stinky heads. It turns out that your totally sanitized, tetanus-free, no-skinned-knees zone might be making your kids the very kind of chubby, neurotic weaklings who will need to keep their lawyers and shrinks on speed dial for the rest of their lives…
It’s easy and popular to criticize America’s tendency towards over-litigiousness. You can talk and argue all day over abstract ideas, but have you seen the numbers all laid out in a handy-dandy infographic? No? Well, we have a special treat for you….
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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 seven years. You can reach them by email: email@example.com.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!
The 2014-2015 law school year is now in full swing. 1Ls are grappling with the strange new world of the Socratic Method and briefing cases. 2Ls are hoping to score some sort of job out of the fall interviewing season. And 3Ls are wondering just what the heck they’re even doing on campus. If, in fact, they are even on campus at all. ATL’s law school experts have designed this challenge to help determine how much you know about the realities of the 3L experience.