* Should Eliot Spitzer have faced harsher sanctions for pounding hookers? It’s a pretty interesting question that we can all ponder for the next four years after Spitzer demolishes Scott Stringer in the Comptroller race. [Wise Law]
* Homeowners were forced to pay hundreds in legal charges for lawsuits that don’t really exist. Stay classy foreclosure practices. [Overlawyered]
Following last month’s verdict, Bradley Manning has now been sentenced.
A military judge found the Army Private First Class — on trial for leaking documents to WikiLeaks — guilty of multiple espionage charges last month, though acquitted Manning on the most serious “we get to kill you now” charge of aiding the enemy.
The government sought 60 years (of a possible 90) in prison.
I thought about titling this column “Litigation Aphorisms,” but who the heck would have read it?
So I went instead with the first of three critical things you should know about litigation, all of which I learned from Neil Falconer when I practiced at the 20-lawyer firm of Steinhart & Falconer in San Francisco back in the 1980s. (I also dedicated The Curmudgeon’s Guide to Neil. He wasn’t a “mentor”; he just accidentally taught young lawyers by osmosis what it meant to be a lawyer.)
Neil’s first aphorism was this: “Never tell a small child not to stick peanuts up his nose.”
Why does that matter?
Or maybe I should start with a more basic question: What the heck does that mean?
* The speed (or lack thereof) of justice: The DOJ filed suit against Bank of America, alleging that the bank defrauded mortgage-backed securities investors in 2008. [DealBook / New York Times]
* Sri Srinivasan, the newest member of the D.C. Circuit’s bench, is getting ready to hear his first arguments, while litigants try to commit the spelling of his last name to memory. [Legal Times]
* The LSAT is not to blame for the dearth of minority enrollment in law schools, said a UVA Law professor, and then a Cooley Law professor had to swoop in to slap him down. [National Law Journal]
* After teaming up with Touro, the University of Central Florida is working with Barry on an accelerated degree program. The dean of FAMU is upset. Don’t worry, you’ll get your turn, too. [Orlando Sentinel]
* New Jersey is in no rush to legalize gay marriage. To support their views, officials point out that people with civil unions are just like married couples — except for the married part. [New Jersey Law Journal]
* Meanwhile, a judge in Illinois will decide whether she’ll dismiss a challenge to the state’s gay marriage ban by the end of September. In her defense, early fall is a great time for a wedding. [Daily Herald]
* Belvin Perry, the judge who presided over the Casey Anthony murder trial, may be getting his own Judge Judy-esque television show. Oh, Flori-duh, you never, ever cease to entertain us. [MSN News]
At the end of the day, he probably could have done the right thing. But he chose to play the game. It didn’t leave me feeling good about Wall Street.
– Evelyn Linares, a 61-year-old principal who served as a juror in the Fabrice Tourre civil fraud trial, sharing her feelings about Fabulous Fab — he “disappointed” her — after the verdict was announced.
On Tuesday, Army Colonel Denise Lind found Private First Class Bradley Manning guilty of 17 of 21 counts of charges related to Manning’s leak of some 700,000 classified documents to the website WikiLeaks. (See here for Alexa O’Brien’s helpful graphical summary of the counts and here for Freedom of the Press Foundation’s full trial transcripts.) Although Colonel Lind did not find Manning guilty of charges of “aiding the enemy,” she found him guilty of seven of eight counts of violating the Espionage Act for leaking intelligence “with reason to believe such information could be used to the injury of the U.S. or the advantage of any foreign nation.” Manning was also found guilty of “wrongfully and wantonly” causing to be published on the internet intelligence belonging to the U.S., “having knowledge that intelligence published on the internet is accessible to the enemy.” Sentencing proceedings, which progress rapidly in the military justice system, began Wednesday. Manning faces a possible 136 years in military prison.
Manning’s detailed statement offered to the court martial in February explains how a gawky, barely post-pubescent Army intelligence analyst from Oklahoma came to publicize virtual reams of national security security secrets with which his country had entrusted him. Manning said: “I believed that if the general public, especially the American public, had access to the information contained within [the military’s own databases], it could spark a domestic debate on the role of the military and our foreign policy in general as it related to Iraq and Afghanistan.”
Bradley Manning wanted to spark a debate. Like a high school civics teacher trying to rouse his dozing students, he wanted to get us all talking. See? He’s not a turncoat willing to endanger the lives of Americans or a vainglorious and disgruntled soldier. He’s just a patriotic facilitator of conversation.
Rubbish. Manning’s acts were, at best, absurdly naive, and at worst, paternalistic and hubristic….
* Want to know another thing that’s causing Biglaw to implode? All of these huge partner compensation spreads we’ve told you about are creating a “star culture,” and even law firm partners are capable of jealousy. [Am Law Daily]
* It looks like Charleston School of Law is the latest institution of legal education to be enticed and swallowed up into the for-profit InfiLaw System. Will a sale be next? We’ll have more info on these developments later today. [Post and Courier]
* Sorry, but in Pennsylvania, you cannot represent clients on a quid pro blow basis. You could get suspended for a year, like this guy. Wonder what his retainer agreement looked like. [Legal Intelligencer]
* The sole minority juror from the George Zimmerman trial — the one who was liable to allow the jury to be hung — is now telling the world she thought the acquitted “got away with murder.” [ABC News]
* Lawyers for accused kidnapper Ariel Castro are considering a deal offered by prosecutors that takes the death penalty off the table. He might be able to enjoy some ribs in prison if he’s there for life. [CNN]
* Under the leadership of emergency manager Kevyn Orr, Detroit is now the biggest U.S. city to declare bankruptcy in history. Unfortunately, not even the strict Jones Day dress code could save them. [Am Law Daily]
* As one of our columnists David Mowry told us weeks ago, New York wants to close the justice gap by looking to the state’s best untapped resources for pro bono work: in-house counsel. [New York Law Journal]
* Law schools are officially ready to scrape the bottom of the barrel when it comes to filling their classes. Some are now accepting first-time June LSAT scores for fall admission. [National Law Journal]
* Our managing editor, David Lat, comes to the defense of fictional representations of the law, but seeing as he’s writing a fictional legal novel, we think he’s kind of biased. [Room for Debate / New York Times]
* Mobsters really don’t like rats, and it looks like someone who was planning to testify against Whitey Bulger may have been whacked after having been dropped from the prosecution’s witness list. [CNN]
It’s not just about the Trayvon Martin case. Now it’s about your kids. It’s about other kids. What do we tell our sons?
– Trayvon Martin’s mother, Sybrina Fulton, whose first thoughts after learning of George Zimmerman’s fate were of “shock” and “disgust,” in a moving interview with Good Morning America. This is the first time Martin’s parents have spoken out since Zimmerman was acquitted of second-degree murder in the death of their son. They are still weighing their options with regard to a civil suit.
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
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.
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