Law And More

John Ray III Appealing Jury Verdict on Alleged Ropes & Gray Retaliation

Those following the lawsuit saga of John Ray III against his former employer Ropes & Gray know that most of his claims had been tossed by U.S. District Judge Richard Stearns.   One remained: The contention that Ropes & Gray had retaliated against him after he made legal kinds of noises about alleged discrimination. He is African-American.  He alleged that the firm made it impossible for him to get another job at that time. 

Well, last month the jury found the firm not guilty.  On December 20th of this month, reports THE AM LAW DAILY, his lawyer Latif Doman filed an appeal, essentially based on the jury instructions.  Here is the analysis in AM LAW DAILY.

As we know, verdicts are often overturned on the basis of faulty jury instructions. If Ray does get the appeal and eventually win, this could give his own business an edge.  In 2012 he launched his own firm, based in Boston, Ray Legal Consulting Group. One of its niches is discrimination.  Success often comes side ways.  If he prevails he can make hay in the media, attracting a lot of new business, as well as talented lawyers who want to work for him.

"Hercules and the Umpire" - Richard G. Kopf Sounds Like Warren Buffett of Federal Judges

Warning. Don't read blog "Hercules and the Umpire" if you have left law school as a 1L, as I did, or the profession entirely, after investing in the JD.  

This blog by U.S. District Judge Richard G. Kopf has the tone and shocking brilliance of Warren Buffett, Oracle of Omaha.  Only Judge Kopf's commentary is directed at law.  Sitting down with it and a cup of tea makes us regret we deserted the noble mission of serving the law.  Here is Judge Kopf's folksy blog.

Judge Kopf is among the pioneering judges who are allowing the public to view their human side as well as the rationals behind decisions.  Until recently, reports Joe Palazzolo in THE WALL STREET JOURNAL, judges restricted their opining to the text of their official rulings.  Those rulings vary greatly in style and organization.  Some are straightforward.  Some enjoy leveraging analogies.  

Along with Judge Kopf is Seventh U.S. Circuit Court of Appeals in Chicago Judge Richard Posner.  He publishes books airing himself and his points of view.  The latest book is "Reflections on Judging." Other judges such as U.S. District Judge Shira Scheindlin shares herself through interviews with the media.  Here you can read the WSJ coverage of this trend (sub. req.)  

Of course, not all federal-court watchers see this trend as progress.  Also, the openness can cause a judge such as had happened to Judge Scheindlin to be disqualified from the case.  However, it seems unstoppable.  That's because, as Palazzolo chronicles, it started with the very public personas of the U.S. Supreme Court Justices.  After all, this is the era of celebrity. It was inevitable that some of The Nine would allow themselves to be seduced into becoming rock stars.

Meanwhile, Judge Kopf can collect the best of his posts into a book.  Those are as readable as the prose of the late journalist Anthony Lewis in "Gideon's Trumpet." 

Law School Libraries: Going the way of associates who make partner

Many of us who made it to law schools were the ones who found comfort and even joy in libraries.  Back in our home cities the librarian at the public library knew our names.  So, when we arrived at law school that's where we tended to hang out, bad times and good.  

In THE WALL STREET JOURNAL, Jacob Gershman reports that the library in law schools might be another victim of a downsizing legal sector.  He quotes Jame G. Milles, professor at SUNY Buffalo Law School, who predicts, including in a research paper, that law schools will find they can function fine without the library. Here is that article (sub. req.)

That means that our sanctuary could be going the way of associates who actually do make partner. On a community level, the same could happen to the public library.  Its only hope for continuing to receive tax-payer funding is to reinvent itself as a Third Place.  Smart branches are doing just that.

At the North Haven one in Connecticut, I have hung out at lectures on everything from the paranormal to Impressionist painters.  In the rooms set aside for tutoring someone in reading or conducting a meeting, I often work on Word on client assignments.  Those without computers have free access to library ones, including the ability to get on the Internet and have an Email address.  Also, there's a spot with free national and local newspapers, along with a comfortable sofa and a few armchairs.  For children, of course, there are programs in everything. 

Law Partners: Will they be asking newbie associates to friend them?

It's the over-65 crowd who is discovering Facebook is a great way to connect.  So, it's likely that law partners may be asking newbie associates to friend them.  The more the merrier.  

Survey after survey is finding that the number of seniors is growing on Facebook, while the number of teens is declining.  Pew Center for the Internet and American Life, for example, just released research that showed 45 percent of seniors on the Internet are on Facebook.  That's up 10 percent from last year. Here you can read the coverage in the WASHINGTON POST.

It would be quite Machiavellian for the young crowd at law firms to be partners' friends.  They can brownose by clicking on "like" for all the partners' musings and photos of the grands. Also, there's access to their network.

Dr. Paul Fox, Former Adam Lanza Psychiatrist, Had Surrended Medical License

Maybe Adam Lanza had the cards stacked against him.  Even his psychiatrist Dr. Paul Fox allegedly was troubled.  When Lanza was a teenager, reports the HARTFORD COURANT, Fox had done an evaluation of him in September 2005 at Newtown High School. Here is that article.

Since then Fox has surrended his medical license in both the states of Connecticut and New York.   He was fearing losing that license because of consensual sex with a female patient.  That is a no-no.  One reason why is the unequal power relationship between doctor and client. He is now living in New Zealand. 

Mobile Technology Creates Expectation of Immediate Answer: Speed as competitive edge

Even in the staid profession of law, mobile technology has blown up the old plodding approaches and personas.  Just as in Corporate America, speed has become a competitive weapon. Prospects and clients send an email, text or call to the law firm, expecting an immediate answer.  That's what Nathalie Pierrepont reports in the RECORDER in a wrap-up article about how the leaders in law firms see the market for 2014.  Here you can read that analysis.

Overall, according to the Citi Private Bank's Law Firm Group and interviews with experts and those in law firms, there's increased optimism about increase in demand and modest rise in profits for next year.  But the really interesting parts are about what seems to be marketable and how to position and package that to close and lower client churn.

What we might label the "Immediate Response" trend could help a law firm reinvent itself as the go-to for expectations of getting an informed answer.  Fast. The article quotes David Berger of Wilson Sonsoni about how mobile technology is creating a new kind of game in which experienced partners who can whip out an answer quickly are the ones who can create this kind of value. 

This is no surprise to the rest of us professionals who continually check our smartphone for email, texts and voice messages.  Meanwhile, we know from the rapid responses prospects, clients and others in the loop are doing the same. While watching "Wolf of Wall Street" in the theatre we might have had to put our iPhone on mute but about every 10 minutes of those three hours we peeked at what the activity had been.

The implications are huge.  Perfection and the expectation of it go out the window.  Those who can live with g00d-enough will wind up at the top of heap.  The trick is to be able to communicate our analysis with authority and conviction, without any arrogance.  Likely we are only one of several the prospect or client is contacting.  During the second round we will probably have to provide more evidence for our take.  Had we adopted an overbearing tone, we will come across as foolish if we modify the opinion we provided.

Lawyers as Politicos: Beware popular memes such as "Creative Class"

Many practicing law are trained to copy and paste others' thinking and rulings.  That habit continues when they run for or are elected to political office.  They suck up popular memes.

One of them has been Richard Florida's theory that when cool professionals settle in geographical area economic development happens.  And that rising tide raises all ships.  In 2002, Florida put that out there in the form of a book "Rise of the Creative Class."  The meme got traction.  Politicos embraced it.  Now the theory has been discredited.  Voters are choosing those who like New York's Bill de Blasio who pushed back against all that.  Seems that the coming of the creative class sinks the boats of the middle and lower classes.  What blossoms is roaring economic inequality.

In THE NEW REPUBLIC, Alec MacGillis chronicles the backlash against creative-class thinking.  Here is that article.

What becomes obvious is that politicos have to begin the hard work of carving out their own unique vision of how to improve economic life for all their constituencies.  They can't do a copy-and-paste job.  Also, abstractions with hip names like "Creative Class" could become suspect to voters, funding sources and regulators. Original thinking, along with plain speaking, may be on the way back. 

Marc Dreier Scam: Investors, unsecured creditors to get 13-cents or less on dollar

Five years ago Drier LLP went kaput. Founder Marc Dreier was arrested for investment fraud.  He used the money to live big and decorate his law office with original Warhol art.

At the time about 300 employees, including lawyers, were dumped into a brutal market to find new jobs.  An interesting article for Jennifer Smith or Joe Patrice would be on where those 300 are now.  My hunch is that not too many of those lawyers are still lawyering.

The investors and unsecured creditors have also suffered.  The WALL STREET JOURNAL reports that they will receive 13-cents or less on every dollar.  Here is that story (sub. req.)

Dreier, a graduate of Harvard Law School, was sentenced to 20 years in the slammer.  Probably that's not hardly enough for the economic suffering he has caused.  According to WSJ, he cooked up the scam because of "his overwhelming debts, failed marriage and disappointing legal career."

 

Robes & Gray: Manhattan Opening for Web Writer

BigLaw firm Robes & Gray is on the hunt for a full-time Digita for what are essentially its marketing materials.  This doesn't require a law degree.  Here are the details and how to apply.

If it weren't onsite and full-time, I would put myself in the running.  The responsibilities are diverse and would enhance my credentials to go after any high-level marketing communications position in professional services. 

New Year's Eve 2013: Around the world, lots more boozing

Too many around the world, at least in developed economies, will find themelves in a legal pickle this New Year's Eve.  Or in the hospital ER.  Boozing is way up.  Binging has become standard. And, it's the way of excess alcohol consumption that the boozer doesn't feel altered or diminished in capacity.  Here is the coverage of that in THE ECONOMIST.

For a growing number of people, especially the young, there is no such thing as "drinking responsibly."  If it's a sheltered home party, they can still get into a fight, oral or physical, lose their professional standing by telling the boss off or disclosing secrets and/or end the evening by assuming they can drive their vehicle (or even ride their bicycle) home.

Lawyers can gain name recognition and increase business (including the DUI kind) by making it a public service to explain that those who consume more alcohol than they can handle don't know that.  The substance deactivates the signal system which relays that information to us.  The second part of the talk hammers the consequences, with the legal system, professionally and personally, of losing control over alcohol.  At the top of the list should be the dollar costs of hiring a lawyer.  For "drunk sitting" 15 years ago, my cousin (boozing tends to be all in the family) had to pony up $7,000 to a lawyer.