Monday, November 30, 2009

Local 1L’s Thanksgiving Break Turns Out to Be a Disaster

Everyone in the Lipski family always said that Tyler Lipski was going to be a lawyer. As a teenager, he loved to spend dinners cross-examining family members on even the most mundane topics. Despite his socially awkward behavior, the Lipskis were genuinely proud when their son decided to apply to law school, and when he was accepted to Emory, it made the family Christmas card. These expectations, coupled with Lipski’s almost ever-present air of self-importance, led to what was perhaps one of the worst trips home for Thanksgiving during the first year of law school in recent history.

Upon arriving home, Lipski immediately launched into a dissertation about how he wanted to draft up some new contracts for his parents’ housekeeper and landscaper. “Look, these people need to put something binding on the table or they’re going to keep churning out the same mediocre product week in and week out,” exclaimed a confident Lipski as he thumbed through Williston on Contracts. When his Mom asked him what exactly he didn’t like about the way the house looked, he his rolled eyes and said, “Stop thinking like a layperson Mom and start thinking about the consideration that is going into the agreements you enter, ok?”

During and after Thanksgiving dinner, Lipski was approached by numerous relatives seeking advice. Uncle Ralph was anxious to hear if he could somehow cancel his Verizon wireless contract without paying the early termination fee, Aunt Julie was insistent on knowing if it was unconstitutional for men and women to have to use separate bathrooms, and cousin Trevor discretely pressed him on how he could successfully argue that he only smoked marijuana medicinally if he was caught getting high while working at the local library. Time after time, Lipski offered advice that was unsupported by any legal principle and generally terrible.

Equally disappointing was Lipski’s introduction of a new catch phrase. No matter the conversation, when the moment felt right, Lipski would jump in and exclaim, “I’ll be judge of that!” before issuing an often inflammatory opinion. He also subjected anyone he could corner to a demonstration of the Socratic Method. According to Lipski’s high school classmate, Jeffrey Peters, this cost Lipski an opportunity to hook up with former Prom Queen Marla Durst the day after Thanksgiving. “I flat out heard her ask him if he’d like to go back to her place and he responded with a string of questions that obviously turned her off,” explained Peters. “When I busted him for his lack of game, he said something ridiculous about the law being a jealous mistress. Sounds like a guy who has a little too much fun with his horn books.”

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Tuesday, November 24, 2009

Partner Doppelganger

If Haynes and Boone, LLP partner Sergie Lomako
had a doppelganger it would be...

PC from Apple's PC vs. Mac commercials.

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Friday, November 20, 2009

Brick Breaker Score Overwhelms Associate During Recent Team Meeting

Jack Wilkins, a third-year litigation associate in Baker Botts, LLP’s Washington, D.C. office likes to say his Blackberry had him at hello. Pretty much whenever he has a free minute, or if there’s a pause in conversation, Wilkins is heads down, thumb scrolling on his handheld. This addiction has lead to some socially unacceptable behavior. For example, he’s seen his average time in the bathroom almost double as a result of his complete obsession with several of the free games that he’s downloaded. His Blackberry time has also become difficult to manage at work.

In meetings, Wilkins, like many of his colleagues, is constantly checking his Blackberry when the spotlight is focused elsewhere. Due to the fact that he almost always has a non-speaking role at meetings, he has even become accustomed to launching an all-consuming game of Brick Breaker – a classic video game that challenges you to clear stages by using a paddle to destroy bricks one by one – to pass the time. Sometimes this can cause him to miss almost everything that is covered.

Recently, Brick Breaker became a deal breaker for Wilkins. At a team meeting on pre-trial strategy, Wilkins reached his highest level on Brick Breaker to date just as the lead partner, on the case, Calvin Cambridge, was laying out a key weakness. Unable to contain his emotions, Wilkins audibly let out a “Yes!” right as Cambridge stated that there’s a chance that the client’s lead corporate witness could have his credibility seriously damaged on cross-examination.

As everyone in the conference room turned to in shock, Cambridge asked Wilkins what could possibly be positive about such a situation. Crushed by the fact that his outburst had cost him an even higher Brick Breaker score, Wilkins responded with “what doesn’t kill us makes us stronger” and then quickly excused himself to use the restroom to avoid the deafening silence that followed. The repercussions for Wilkins have been immediate. He has been dropped from his rightful place as the third person copied on case-related emails. Some of Wilkins’ colleagues think that his position as head of the document review team is also in jeopardy. Sounds like someone is in need of treatment for his crackberry addiction.

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Monday, November 16, 2009

This Week's Sign of the Legal Apocalypse

We aplogize if it feels like we're picking on Reed Smith, but this firm seems like it can't help but find itself in the bad news headlines. According to The American Lawyer, Reed Smith has asked non-equity partners to cobble together a nice little law firm stimulus package and fork it over asap. The whole process has even created a new title in the legal world - "fixed-share partners."

Then again, just how fixed is anyone's share these days at Reed Smith? How long until the firm asks for non-equity partners to donate a little more cash to avoid a pink slip? Would that be the dawn of the sliding scale partner?

Lawyers are nothing if not creative, but this whole end around on the traditional salary cut looks and smells like pay to play. That does raise an interesting question. How much would an unemployed attorney pay to be associated with a firm like Reed Smith? Unfortunately, we may know the answer to that question sooner rather than later.

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Thursday, November 12, 2009

Official: Homeland Security to Adopt Strict Scrutiny, Intermediate Scrutiny and Rational Basis Terror Alert System

According to a high-ranking official in the Obama administration, the Department of Homeland Security (“DHS”) is close to making an announcement that it will be revamp its often maligned Color-coded Threat Level System. DHS plans to institute three stoplight colored alert levels – rational basis (green), intermediate scrutiny (yellow) and strict scrutiny (red). For legal scholars like President Obama, these words bring back fond memories of constitutional law. For most Americans, this system is likely to bring continued confusion.

The Government’s new “Stoplight Review and Alert System” is designed to simplify the process by which the government can inform Americans just how frightened and paranoid to act. If Homeland Security sets the system to the green “rational basis” level, Americans are directed to determine if individuals in their immediate surroundings are using reasonable means to pursue legitimate interests. The yellow “intermediate scrutiny” level will put citizens on notice to watch out for individuals that are not pursuing important governmental interests using substantially-related means.

While these first two levels may seem confusing, the most alarming setting in the “Stoplight Review and Alert System” is likely to be the red “strict scrutiny” level. If Homeland Security decides to set the nation’s alert level to this color and phrase, Americans should immediately be on the lookout for any activity that is not in the pursuit of a compelling governmental interest and that is not narrowly tailored to achieve its intended result. Or, as one skeptic put it, “lock your windows and doors because it’s about to get crazier than a Sarah Palin book tour.”

The fact that DHS has decided to couch the alerts in terms of "governmental interest" is consistent with the Obama administration’s goal of putting the federal government in the center of every American’s life. This system also continues to solidify Mr. Obama’s reputation as a legal scholar in chief. “The way I see it, by the time the President’s time in office is done most of the nation will be headed to law school,” explained one administration official, “and we can only hope it will be a law school that is fully funded by the federal government.”

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Tuesday, November 10, 2009

Associate Photo Caption

"I just got off the phone with my Mom and she promised that the next time she visits she will cut my hair, do my laundry and help me finish that memo that you assigned me a couple of weeks ago."

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Thursday, November 5, 2009

Law Firm's Libraries To Become Museums

“The creative law firm will emerge the successful law firm.” Such were the words chosen by Latham & Watkins LLP’s managing partner Charles “Chip” Phillips earlier this week when he announced the megafirm’s plans to revamp its office libraries into modern day legal museums. Latham plans to transform these often unused spaces into exhibit halls that will “celebrate the old-fashioned practice of law that existed before the dawn of the digital age.”

“Most law firms don’t have a plan for what to do with the mountains of books and journals that they have compiled over the years,” explained Phillips. “We decided to turn this challenge into an opportunity to bring clients from all walks of life to our offices to see the way law was practiced in eras gone by.” Latham plans to make its museums an interactive experience. For example, Westlaw and LexisNexis have signed up to provide a “hands-on exhibit” where visitors will be timed on how long it takes them to find a case supporting an argument in “the books” versus an online search. A display called “Getting a Little Dewey Eyed” will reflect on how the Dewey Decimal system helped spark the growth of the legal industry. And visitors will have the opportunity to sit in chairs and flip through legal treatises like attorneys did before becoming latched to a keyboard and monitor.

Latham currently plans to offer existing and prospective clients free tours while charging the public $5 per person to take a walk through the firm’s former library space. The hope is that the entry fee for visitors and general donations will help cover the operating costs of these legal library museums. The firm is also considering allowing individuals to check out books like an actual library with the hopes that when they go home and read through a particular treatise they might spot a legal issue they have and then come back to the firm to request legal assistance.

Library staff will receive training in museum operations and tour guidance before this transition is finalized. “You know how much everyone’s enjoying that TV show ‘Mad Men’ on AMC?” explained an over-excited Chip Phillips. “Well, that made it clear to us that the past is important. We want to keep the memory of the golden legal ages alive. In fact, we might even have to double our library, I mean museum, staff. The folks we have aren't exactly used to putting in a full day, if you know what I mean.”

Despite Phillips' obvious enthusiasm, it still remains to be seen whether other firms will follow Latham's approach to creative use of useless office space.

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Monday, November 2, 2009

Partner Doppelganger

If Fish & Richardson partner Howard G. Pollack had a
doppelganger it would be...

Kyle (DJ Qualls) from the movie Road Trip.

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