Law And More

"Smith v Stewart" - Is takeaway not to be a southern novelist or to use publicity to sell more books?

Writers of fiction beware, at least in the South, where oddball verdicts tend to happen with too much frequency.  Think the multi-million-dollar personal injury lead verdict in Jackson, Mississippi against Sherwin-Williams.  In "Smith v Stewart," a jury in Hall County, Georgia awarded the plaintiff $100,000.  That plaintiff contended that a work of fiction "The Red Hat Club" framed a character to closely resemble her.  However, her claim of invasion of privacy was declined.  The verdict will likely be appealed.

As Andy Peters reports in the FULTON COUNTY DAILY REPORT, the defense attorney said that the jury ruled for the plaintiff because "they were essentially instructed that, in Georgia, modeling a fictional character after a real person is a strict liability."  Those jury instructions could well be the ground for appeal.

On the other hand, the defendant author Haywood Smith and her publisher St. Martin's Press might use this negative publicity to sell a whole lot more books.  Bad sells more than good.  The heck with the $100,000.  Of course, there's an important principle here.  However, could a jury not in the South come up with such a chilling verdict?  Me?  If I were Smith, I would just laugh my way to the bank and ignore an isolated instance of ignorance.

The reality is, as we know from Joe Klein's "Primary Colors," buzz about the possible real-life identity of the fictional character can open doors that might not have been opened.  The book was made into a movie.  Already that kind of buzz has boosted sales of my novel "The Fat Guy From Greenwich."  Since the protagonist Jonathan Miller II aka The Fat Guy works in Manhattan, a growing number of New Yorkers ask me if they, their boss, or even their husbands are the basis for the character.  Yeah, they're so vain.

What if I'm sued?  I will become rich on the sales the controversy generates.  And, I would defend myself pro se.  That will tie up the plaintiff for years in litigation and most courts bend over backwards to assist the person doing it pro se.  There's also a book in that, of course.  All the advanced publicity would make that a brisk seller too.

Seyfarth Shaw Mess: Made Possible by the Boiled Hard Drive Litigation?

It's a legal mess at Seyfarth Shaw.  And that was likely made possible by the breakthrough lawsuit of gay associate Aaron B. Charney. 

The Charney suit was against his former employer Sullivan & Cromwell.  The defendant settled.  Not only did the plaintiff have the boldness to sue his own law firm.  He was also able to get another law job afterward.  Incidentally, in the media, it was known as the case of the boiled hard drive.  Allegedly traumatized by interrogation by Sullivan & Cromwell, Charney went home and boiled the hard drive from his work computer.  After that amazing lawsuit, which claimed discrimination based on sexual orientation, it seemed that suing your law-firm employer was not necessarily a career-killer and a few bucks could be made.  Hey, why not. 

Here's the short version of lawsuit of partner William Lancaster against employer Seyfarth Shaw.  According to Leigh Jones of THE NATIONAL LAW JOURNAL, he is still employed there.  

Lancaster represented Billy Blanks as a client.  The lawsuit was against Blanks's former accountant who, explains Jones, allegedly acted as his agent.  That was a violation of the Talent Agencies Act.  The case was dismissed.  The ground was that Lancaster had missed a filing deadline.  Then Blanks sued Seyfarth for malpractice.  There was as $30 million verdict in 2005, which was vacated last February.  Meanwhile Lancaster was demoted from equity partner. 

The firm claims the demotion was part of the strategic plan to reduce the number of equity partners.  That kind of action is happening in a number of law firms.  Lancaster contends, says Jones, he "was coerced into accepting a demotion and unfair pay cut [and the firm] breached its fiduciary duty to Lancaster by forcing him to relinquish his equity share ... [and] misrepresented the benefits."  There is also a contention of being subjected to intentional emotional distress.  That too appeared in Charney's suit and made for lively copy in the New York media.

A good time could be had by all, just as with the Carney suit.  We will hang onto every juicy detail of how things are reported to go down in BigLaw.

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.