Unemployment

What happens when you put thirty American lawyers in a London pub where the drinks are free for the evening? Well, let’s just say it’s rather different to what happens when thirty British lawyers are assembled in equivalent conditions.

The attendees at last week’s inaugural Benedict Arnold Society meeting for young and young-ish American lawyers in the United Kingdom, held at the Witness Box pub in the heart of London’s legal district, were impeccably behaved. No one collapsed, vomited or — in spite of my continual prying for insider information — gave away a single secret about their firms. In fact, I think I was the only one there who was drunk.

Still, my memories of at least the first part of the evening remain. What stood out was how nicely many of the assembled Yank expats had done by coming to London — be it because they had saved money on legal education costs, were enjoying heightened status due to their willingness to travel, or were appreciating the health-inducing lighter U.K. workloads.

Several had undertaken their legal studies in the U.K., thus circumventing the enormous fees charged by U.S. law schools….

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Despite the media echo chamber saying that the economy is improving, it’s obviously still tough to find work. Especially for lawyers. Everyone says you’re supposed to have a can-do attitude, but we sometimes prefer to think about all the things that you can’t do as an attorney.

Included in that list is getting a paying job at the U.S. Department of Justice. The DOJ has had a hiring freeze in place for a year now. We’ve heard reports of some thawing — i.e., selected parts of the DOJ receiving authorization to fill a handful of priority positions — but, for the most part, there are hardly any paying lawyer jobs to be had in that division of government.

Instead, U.S. Attorney’s Offices around the country have been posting unpaid Special Assistant United States Attorney positions for some time now. We covered them last May. My colleague (and former assistant U.S. attorney) David Lat defended the SAUSA gigs somewhat, arguing that the nonpaying jobs might not be as bad as they seem. It’s fun, exciting work, and it provides valuable experience and serious professional credibility.

There is a crucial, ominous difference between then and now, though. Previous SAUSA jobs were generally aimed at entry-level or fairly junior attorneys. Now we’ve got a recent opening that’s asking for more.…

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At the start of this new year, what is the outlook like for legal employment? There’s certainly a fair amount of bad news out there, particularly for recent law school graduates.

But what about for denizens of Biglaw, the lawyers fortunate (or unfortunate) enough to work at the nation’s largest law firms? What does 2012 hold for them?

Earlier this month, my colleague Elie made some predictions for the legal profession. I will follow in his footsteps and venture some prophecies of my own for the year….

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Don’t shoot me, I’m just the messenger. I bring tidings of woe not because I’m trying to rob you of your right to pursue a legal education; I’m trying to help you. Call me Elie Stormcrow.

Actually, today The Atlantic is the messenger reminding you of the serious financial peril involved in starting a legal career. The recession might be over but the recovery hasn’t happened for all. And we’re not just talking about the Occupy Wall Street people. No, no, things remain pretty bad for lawyers and bankers. Here’s the money quote from the Atlantic: “In 2011, finance, insurance, and law were the three primarily white-collar professions that managed to shed workers, even as the rest of the economy trudged forward through a slow recovery.”

Yeah folks, even in 2011, the legal economy was still shedding jobs. But it’s not like law schools were spitting out fewer graduates, so… you do the math.

Here, the Atlantic has put things in a fancy chart. Pictures people, it’ll be like an LSAT game: how many people made a terrible investment in higher education?

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As we mentioned today in Morning Docket, William Robinson, the newly appointed president of the American Bar Association, is taking a stand on the status quo of legal education in our country.

But instead of combating 2011′s annus horribilis for law schools by calling for reform, Robinson is defending the ABA’s role, stating that young lawyers “should have known what they were getting into.”

Isn’t it wonderful to know that the man in charge of the ABA is essentially playing the “blame the victim” card when it comes to debt-saddled and unemployed law school graduates?

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Puppy is sad because you think he has no soul.

* Rick Santorum and the Sweater Vests can join Rick Perry’s ballot access lawsuit in Virginia. It’s funny, because at this rate, Perry will have dropped out before the first hearing. [Washington Post]

* If you’re an unemployed law grad drowning in debt, you should’ve known that you’d be screwed. Warning! Danger, Will Robinson! Opinion does not compute! [Thomson Reuters News & Insight]

* Scott Rothstein claims that his firm kept a condo across the street so that partners could bang hookers. If real firms were like this, there would be less partner defections. [Orlando Sentinel]

* One robo-signer to rule them all: David J. Stern, Florida’s dethroned foreclosure king, is being sued by his own company for fraudulent conduct. Oh, how the mighty have fallen. [Bloomberg]

* Do cute, little doggies have souls? Of course they do, but the law doesn’t really conform to animated children’s movies from the eighties. This lawsuit hopes to reveal the truth. [Gothamist]

Morning Docket: 12.23.11

* Merry Christmas! House Republicans will get one less lump of coal in their stockings this year after accepting a two-month extension of unemployment benefits and payroll tax cuts. [New York Times]

* Another birther lawsuit has been thrown out, but Orly Taitz won’t be stopped. She’s like the Energizer Bunny of questionable litigation. She’ll keep appealing, and appealing, and appealing… [Los Angeles Times]

* John Edwards is trying to delay his criminal trial, claiming to have a mystery medical diagnosis. What kind of disease does karma hand you for cheating on your sick wife? [New York Daily News]

* Nora Demleitner will be will be stepping in as the new dean of Washington and Lee University School of Law. Hofstra Law, you M.A.D.? [National Law Journal]

* Is the American Bar Association really driving up the cost of law school tuition, or is it the law schools themselves? Here are some graphs that might surprise you. [Am Law Daily]

* A man on trial for sex crimes at a Minnesota courthouse allegedly shot three people yesterday, including prosecutor Timothy Scannell. Guess it’s time to get a metal detector. [Duluth News Tribune]

* Instead of trying to force Citigroup’s hand on a tougher settlement, the SEC is appealing Judge Rakoff’s rejection of the original. Don’t want to make the SEC do more work now, judge. [Bloomberg]

* You’d think that by now, law schools facing scrutiny over employment data would be willing to turn over some information to Law School Transparency, but you’d be wrong. [National Law Journal]

* China’s King & Wood and Australia’s Mallesons Stephen Jaques are combining to form a happy family this March. If this were in Japan, they’d be the Godzilla of law firms. [Wall Street Journal]

* Obvious news alert: Foxy Knoxy was acquitted of murder because there wasn’t enough evidence to prove she was guilty of murder. Thanks for this brilliant observation, Judge Hellman. [CNN]

* The Toy & Action Figure Museum will be opening a lawyerly superhero exhibit. This generation of lawyers has no superheroes, because unemployment isn’t a super power. [ABA Journal]

The Occupy movement has reached the legal profession, with an unemployed law graduate launching a campaign to occupy the Inns of Court (London’s legal quarter).

“Through no fault of our own, a generation of [law school] graduates find ourselves with no jobs — or no jobs as lawyers anyway,” wrote the graduate under the alias “OccupyTheInns” on Legal Cheek, a blog I edit. “The lucky ones are paralegals. The unlucky ones work in bars (not the Bar)… It is for these reasons that I propose peaceful direct action. It is time to occupy the Inns of Court.”

Responses to the plan have mostly been negative, but the broad sentiment of discontent has struck a chord. Catrin Griffiths, editor of The Lawyer magazine, summed up the mood: “I don’t buy much of [OccupyTheInns'] argument, which smacks too much of entitlement, but it signifies something bigger, related to the growing crisis of a million young people unemployed in the U.K.”

However, even with our spiralling unemployment rates, and love of protesting, I’d be surprised if an occupation of legal London took off. While many U.K. law school graduates are jobless and indebted, most still have a decent shot of making it into the profession. As such, they have too much to lose by winding up the establishment.

Maybe OccupyTheInns should instead re-direct their energies to recruiting the potentially far more vulnerable, high-earning, senior lawyers who look set to lose their jobs over the next few months?

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Morning Docket: 11.04.11

Hold up. How could I be a baby daddy? I haven't hit puberty.

* Sorry, Obama, but Justice Ruth Bader Ginsburg is alive, well, and doesn’t plan on retiring any time soon. No more Supreme Court appointments for you, buddy boy. [The Oval / USA Today]

* Judge William Adams will not face charges over the beating of his daughter, Hillary Adams, due to the statute of limitations. At least he’ll still have public scrutiny and embarrassment. [Houston Chronicle]

* The Third Circuit has tossed out a $550K fine against CBS for the second time, because really, who wouldn’t want to see a fleeting nipple image belonging to Janet Jackson. [Legal Intelligencer]

* A former Nixon Peabody attorney got probation instead prison for false statements charges, and might even get her law license back. Did she get points for being pretty? [Blog of Legal Times]

* And speaking of being pretty, this lawsuit claims that favoring employees’ diversity over hotness at Panera Bread will allegedly earn you a spot on the unemployment line. [Washington Post]

* Occupy Wall Street protesters better hope that their lawyers aren’t planning to scrawl their pleadings on the bottoms of pizza boxes, because they’re going to trial. [Bloomberg]

* Did Justin Bieber’s alleged baby mama deflower the teen pop star? You better beliebe it! She claims in court documents that their reported encounter was his first time. [New York Post]

When news emerged last week that the Wall Street protests were spreading to London, I dared to dream. Maybe I could inculcate myself among the protesters, I wondered, and persuade their leaders to target a Biglaw firm rather than a bank. Then, I fantasized, having obtained the relevant door-code from one of my disgruntled Biglaw contacts, perhaps I could lead the protesters inside to set up an encampment. At which point, I hallucinated, I’d be able to live-tweet my experiences and, as the only journalist on the scene, become a star.

Disappointingly, it didn’t work out that way. The protesters proved frustratingly unmoved by my suggestions that they target a law firm. Instead, they tried to occupy the square in front of the London Stock Exchange. Prevented from doing so by the police, they ended up milling around the adjoining forecourt of St. Paul’s Cathedral, where their hard-core was diluted by confused tourists. What the New York Times accurately described as “a picnic atmosphere” prevailed, with “people streaming in and out of a nearby Starbucks.”

Even an appearance by Wikileaks founder Julian Assange — who arrived mid-afternoon wearing a Guy Fawkes mask to deliver a sermon on the steps of St. Paul’s — wasn’t enough to kick-start some proper rebellion. Indeed, with his claim that the Occupy Wall Street/London Stock Exchange movement “is not about the destruction of law, but the construction of law,” Assange sounded less like a revolutionary, and more a regulatory expert in the U.K. on a business trip….

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According to the Department of Labor, 14 million people in our country are unemployed. And with a surplus of lawyers that reaches into the thousands in almost every state, unemployment is a serious problem for the legal profession.

Unfortunately, we all know that Biglaw firms — and surely other firms, as well — are avoiding these attorneys like the plague. We spoke about this industry-wide issue back in late 2009, noting that Biglaw firms weren’t exactly keen on hiring associates that had previously been laid off. In fact, one recruiter we spoke with told us that approximately 80 percent of employers specifically requested résumés from attorneys who are still employed.

Facing these seemingly insurmountable odds, what’s an unemployed attorney to do? As it turns out, President Obama wants to lend a hand, but only if he can get Congress to pass this jobs bill….

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Back in June, when we spoke about the latest job data from NALP, it became clear that the class of 2010 — my graduating class — had some of the worst employment outcomes of the last 20 years. We knew this because of the way NALP categorized its data, differentiating between jobs that require and don’t require bar passage, and between full-time and part-time jobs.

But apparently the American Bar Association isn’t interested in helping people understand these outcomes on a school-by-school basis. The ABA doesn’t want you to know how schools fared in finding full-time legal employment for graduates of the class of 2010.

That’s right, the same folks who claimed just two short months ago that “no one could be more focused on the future of our next generation of lawyers than the ABA,” will now be removing those helpful job characteristics from the 2011 Annual Questionnaire….

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* Hey, Preet Bharara, even Lady Gaga can read your poker face when you’re going all in on an allegation of Full Tilt Ponzi. Maybe Lederer and Ferguson will finally fold. [Wall Street Journal]

* You know what this country really needs? More doctors who don’t believe in science. Another stem cell research case is going up to the D.C. Circuit. [Bloomberg]

* The last 9/11 wrongful death suit has been settled. Lessons learned: airport screeners might not know what Mace is, but they sure can lift and separate your balls. [New York Times]

* Cooley Law held a groundbreaking ceremony for its new campus. We’re good at surviving natural disasters, but a tsunami of unemployed lawyers might break this profession. [Miami Herald]

* A group of drag queens in Florida got busted for thieving the essentials — bras, boas, and butt pads. As RuPaul would say, you better work. Or steal. You know, whatever. [New York Daily News]

* Guys in my high school middle school used to have the ACLU file lawsuits over breathalyzer tests all the time. It was no big deal. [MSNBC]

Non-Sequiturs: 09.07.11

Wesley Snipes

* I thought the rule for how to cite a blog in your brief was “don’t,” but I have less use for a Bluebook than a homeless orphan (I hear kindling is hard to come by on the streets). [Adjunct Law Prof Blog]

* More analysis on the mean mommy lawsuit reminds me of how much better things would be if somebody — be it a parent or a bully — had slapped these kids upside their fat heads during crucial developmental years. [Healthland / TIME]

* Maybe if more lawyers knew some basic principles of digital masking, they wouldn’t be so terrified when it comes to tipping ATL about the stuff going down at their firms. Either that, or people would make even more fun of me. [An Associate's Mind]

* Culinary school graduates are also unhappy with the employment prospects available to them after investing in additional education. Let me try this maxim out and you tell me what you think: if the education has neither “computer,” nor “science,” nor “military” in the title, you are being charged way too much. [Eater]

* Don’t you love how lawyers can turn any massive failure into a business opportunity? Lawyers are like the bacteria in charge of decomposition in the crisis ecosystem. [Law and More]

* In the game of tax conviction appeals, Wesley Snipes came up a little bit short. Kind of like the time he slid into second base too early and stopped before the bag. (New rule: all Wesley Snipes tax references must be accompanied by a Wesley Snipes movie reference.) [TaxProf Blog]

Luz Herrera

The economy had to tank and a lot of people had to become unemployed for law schools to ask: ‘How can we help people hang out their shingle?’

Luz Herrera, a professor at Thomas Jefferson School of Law, commenting on the need for law schools to establish solo practice incubators. In 2007, CUNY School of Law was the first school to introduce such an innovative program for its graduates.

We write about depressing news for law students and law school graduates all too often these days, which is a very, very sad thing. We know that you don’t want to be reminded about the impending doom you may soon face. We really do wish that we had more positive news to report. But in this economy, it’s just not possible.

Gone are the days when earning a JD meant having automatic employment prospects. Gone are the days when having student loans wasn’t completely debilitating. These days, the JD has taken on a new meaning. It doesn’t just mean Juris Doctor anymore. These two are a little more fitting: Job Dilemma and Jumbo Dumbass.

The Connecticut Law Tribune has come out with an informative piece just in time for new 1Ls to realize that they may have embarked upon a six-figure mistake….

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If you took the bar exam last month, you might be trying hard to forget the experience, or you might be flying far, far away on an exotic vacation. Maybe you are counting the days until results come out in November, or maybe you’re frantically searching for employment before those organ bill collectors start knocking.

This is the final installment of the Bar Review Diaries. We hope you’ve enjoyed this peek into the lives of three recent law school graduates as they prepared for the bar.

Let’s check in one last time with Mariah, Christopher and Mike, to see where they are headed next.

And if anyone has cool bar trips coming up or strange end-of-summer plans, please share them with us in the comments….

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deirdre dare expat allen and overy.jpgFor those of you who have missed Deidre Dare, the expat lawyer who was terminated from the Moscow office of Allen & Overy after writing a smutty steamy online novel, give thanks. She’s baaaaaack.

Deidre “To Russia With Donkey and Dwarf Love” Dare is struggling with the cash flow these days. The Columbia Law grad’s London lawsuit against Magic Circle firm A&O for unfair termination in its Russia office was dismissed for lack of jurisdiction, so she filed a new complaint in New York. As you might expect from an amateur sex novelist, the complaint is rather juicy. Dare (a.k.a. Deidre Clark), who was a senior attorney in A&O’s London, Singapore and Moscow offices from 2007 to 2009, claims that she was terminated after giving into — and later spurning — her supervising partner’s sexual advances. (Excerpt: “[Tony] Humphrey made sexual advances on Clark, who was intoxicated at the time. This conduct included intimate sexual contact. Humphrey kept saying “I love sex.”)

Dare is upping the ante on the lawsuit. In London, she sued for £3.5m, but in her Big Apple lawsuit, she’s hoping to take a bigger bite out of A&O: namely, $35 million in punitive and compensatory damages.

“I think NY will take jurisdiction,” Dare, a member of the New York Bar, told us by email. “And thank god for that.”

In the meantime, Dare is working on another project that is, er, rather racy….

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Part of the frustration is this incredibly long build-up to nothing. Like, ‘Why did I spend 22 years getting A’s and studying for the chance to eat canned chili?’

… I was in the airport watching people move bags from the curb to the curbside check-in, thinking, ‘At least they do something all day long, and I have $450,000 in education and fancy everything, and I’m sitting around all day and watching 2.5 movies a day?’

Brad, a 28-year-old New York lawyer who was unemployed for six months. (Gavel bang: The Careerist.)