Law And More

Come on, of course you're not making partner

About three years ago, THE ECONOMIST warned about the glut of educated, particularly those preparing for law careers.  At the time, it predicted probably one out of nine in law school would ever make partner.  Perhaps THE ECONOMIST was too optimistic. 

The Great Recession has given law firms a wonderful cover story for promoting fewer senior associates to partnership.  And that's exactly what's happening in New York firms, reports Nate Raymond in THE NEW YORK LAW JOURNAL. 

Not that anyone who isn't a star or well-connected in the mighty underground network at law firms should have expected to have a shot at partnership.  That's not the game.  Actually, lawyers tell me it never was.  The aware entered the game with the objective to get as much experience as possible.  Then, in their seventh, eight, ninth or 10th year of being an 80-hour or more a week associate, when they were cut from the team, they had the skills to look lower in the food chain for legal jobs. 

That game is just more transparent now and with the rationale of increased cost-efficiency.  Just like every other aspect of 21st-century capitalism - and Tom Peters has been warning about this since his 2003 "Re-imagine!" - the game is about being a player.  Players plan and execute every move strategically, that is, in a what's in it for me fashion.  Yes, they do care about the clients.  And that's strategically shrewd.  That book of business could be portable.  But, no, they don't care about the law firm.  Anyway, that law firm probably operates for success in another era.  Not for '09 slouching into '10.

So, holidays won't be layoff-free: Faegre & Benson cuts

Any vestige of decorum is gone.  The holidays, it appears, won't be layoff-free. 

In Abovethelaw.com, Elie Mystal reports that he got word that Faegre & Benson cut 6 to 10 attorneys as the Thanksgiving weekend started.  That was in the midwest.

Here in the New York Metro area we can expect law firms affiliated with financial markets to leverage the Dubai debt default threat - to the tune of $60 billion - as an urgent reason to lay off and sadly inform the deferred not to bother waiting around for a start date.  The Great Recession, especially if it's a double-dip, is a use it or lose it situation to get rid of employees.  It doesn't matter a bit if the law firm is doing well or not.

Yeah, 21st-century capitalism ain't pretty.

"Desperate Housewives" - Legal Fireworks, as expected

Carlos aka Prince Hal has gone from screwup to Mr. BusinessMan.  So, we expected legal fireworks when he finally found out that Lynette was pregnant.  She had accepted a promotion and significant salary jump w/o informing Carlos that she was carrying twins.  He told her, but w/o witnesses in the room, that he was passing over the other candidate for the promotion because she was pregnant.

Carlos did not handle well the lack of disclosure.  First he tried to force Lynette to takie a position in Florida.  She balked.  She hired an attorney to serve Carlos with a lawsuit.  At the same time this was happening Gabby, Carlos's wife, came over to make amends, informing Lynette Carlos was forgiving her.

The lawsuit made Carlos even more angry at Lynette.  He had his own Legal Department help her get herself fired.  He presented her with an impossible task in terms of deadline.  When she didn't meet the 9:00 A.M. cut-off point, she was told she had one hour to pack up her belongings and leave the advertising firm.

Lynette vows legal vengeance.  But, given how long lawsuits take, it might have to be served cold. 

State AGs: Playing more sophisticated game

Out in the power wilderness, state attorneys general have learned plenty. They have the power back and they're determined to keep it.

In Massachusetts AG Martha Coakley has played a very sophisticated game.  She made all the right moves, with the right tone of concern and just enough media attention.  We remember her from her work in lead paint.

Now, reports the influential Politico.com, she's "leading the race to replace Ted Kennedy."  If she gets to the Senate she can acquire considerable power since the President seems to be losing a lot of that himself.  There is a vacuum of leadership and she could grab those reins.  

Can you JDs make it for under $55K in Manhattan?

This one might be perfect for Ms. St. Thomas, former "Breadline" columnist on Abovethelaw.com.  It's a communications job with the non-profit Center for Justice & Democracy in Manhattan.  A JD is required.  The opportunity for learning is enormous, as you can read here in the job description.

The rub is the compensation: Under $55,000, although that includes heath benefits.  A perk is flexible hours.

The beauty is that with the knowledge base, portfolio and contacts from this job you can migrate into the lucrative fields of lobbying, public relations, public affairs, or launching your own communications boutique.  I would check it out.  Some PR pros bills out at $330 to $1000 an hour, particularly in the specialty of reputation management.

Job Opening at ABA for Legal Affairs Reporter: "Law Degree a big plus"

You lawyers have the jump on us writers w/o JD on this one. 

The American Bar Association has an opening for a Legal Affairs Reporter for its award-winning magazine. "Having a law degree is a big plus."  It's full time, with benefits, and the job description and details about applying are here.  The trick is to produce clips of your writing.  I assume clips could come from blogging.  The ABA also won't consider your application w/o your current salary.  If it's high or was high, you might throw in a sincere sentence about compensation being negotiable since you want the experience so much.

Good luck.  This is a plum opportunity to get a feel for how a law degree can be leveraged for other career paths rather than simply practicing law.

Stiff mortgage lenders, advises law professor Brent T. White

These volatile economic times times [will Dubai default on debt?] call for radical messages.  So, no surprise, University of Arizona law professor Brent T. White advises the 15 million American homeowners with underwater mortgages to walk away from them.  White explains how that might not necessarily deep-six a credit rating and, anyway, those doing the stiffing can do it strategically, that is, make major purchases [including another house] before walking. 

LA TIMES reporter Kenneth R. Harney covers this provocative advice, from all angles.  For example, Harney quotes Fannie Mae's Brian Faith who opines, "Borrowers who walk away from their mortgage obligations face serious consequences including severely depressed credit scores for extended periods."  White counters that.  He states that if walkers keep up with their others debts, they can have a decent credit rating within two years. 

White lays out his thesis in a 52-page white paper "Underwater and Not Walking Away: Shame, Fear and Social Management of the Housing Crisis."  Here is a copy of that.

Good-bye sexual harassment lawsuits: Just get those nails going

The hell with sexual harassment lawsuits, at least as a deterrent for that kind of behavior in the workplace.  Just equip female employees with a strong set of fingernails.  They can be artifically applied for about $30 on Dixwell Avenue here in New Haven, Connecticut.  The miscreant bothers us, just dig in those nails.  Mrs. Tiger Woods showed us how effective that methodology is.  The guy goes around with scratches forever.  And, if he's like Tiger, the bets are he won't press charges.

Sharp Nails: Don't go to work w/o them.

The Talented Mrs. Tiger Woods

The divorce business took a hit when the talented Mrs. Tiger Woods used more direct intervention.  That will probably also represent a setback for the marriage-therapy industry too.

It's doubtful Tiger will cat around any more, if that's what he was doing.  It's also doubtful that he will press any charges.  Meanwhile a new hero emerges for all women who ever took crap from The Man, whether that was in the bedroom or office.  You go girl.

Lou Dobbs: Reset as "Latinos greatest friend"

Resets are fun to watch.  That's why they get media attention. 

So, no newsflash, Lou Dobbs has been getting plenty of coverage since he hinted he's interested in the White House.  The influential Politico.com - exactly where Dobbs wants to be highlighted - headlined all this with Dobbs's statement that he's "Latinos greatest friend." That's after years hobbling together a long tail on the anti-immigration stance.  Later this week the NY POST gave him and his public relations adviser Bob Dilenschneider nice space.

This is America and we love it.  Richard Nixon made it back to power and later even partially redeemed himself post-Watergate.  Jailbird Michael Milkin is a noted philanthropist. Dilenschneider, after making an abrupt exit from being the Chief Executive Officer of Hill & Knowlton, reconfigured himself as a powerful boutique player on Park Avenue at The Dilenschneider Group.  Recently, in "Thirty Pieces of Silver," I announced I had morphed from tort reformer to plaintiff-bar champion and more and all for money.

Can Dobbs pull it off?  He has the war chest as severance from CNN.  The obstacle, of course, is that in America we also prefer to keep those with a high profile typecast. In fact, as Anneli Rufus points out in "Stuck: Why We Can't (or Won't) Move On," that's what holds back myriad talents.  Their fans and followers forbid change in the persona. Clint Eastwood is one of the rare giants who broke open to new paths any way.

Good luck, Lou.  You bet, we're watchin'.

Full Disclosure: On and off from the mid 1990s to 1Q '09, I labored in the vineyards of The Dilenschneider Group as a freelance writer.