<![CDATA[WORLD Law Direct Forums - Attorneys & Legal Ethics]]> http://www.worldlawdirect.com/forum/ Lawyer ethics, practice of law, malpractice, etc. en Fri, 20 Nov 2009 21:36:10 GMT vBulletin 60 http://www.worldlawdirect.com/forum/images/vbseo_skin_2.0/misc/rss.jpg <![CDATA[WORLD Law Direct Forums - Attorneys & Legal Ethics]]> http://www.worldlawdirect.com/forum/ Lawyer on Jury Talks Lawyering in Trial Involving Lawyer http://www.worldlawdirect.com/forum/attorneys-legal-ethics/31806-lawyer-jury-talks-lawyering-trial-involving-lawyer.html Fri, 20 Nov 2009 20:20:47 GMT

Our title’s straightforward enough, right? Needs no further explanation?

Yes, we’re kidding. Let us explain: The Recorder on Friday put out a nice piece on the McKesson trial, detailing the ins and outs of the government’s strategy in landing a conviction Thursday of former McKesson HBOC Chairman Charles McCall. Click here, also, for a take from AmLaw’s Andrew Longstreth.

Jurors on Thursday convicted McCall on four securities fraud counts and one charge of circumventing accounting controls. They acquitted him on a falsifying books and records count. At the same time, they acquitted the company’s former general counsel, Jay Lapine, on each of the three counts he faced.

The trial represented the second bite at the apple for prosecutors. During the first trial, the jury acquitted McCall and Lapine on a conspiracy charge and hung on the rest of the charges.

Our favorite part of the Recorder story: the comments made by jury forewoman Christine Griffith (pictured). We’re sure it happens from time to time, but it hard for us to think of another case in which a lawyer led a jury in a major criminal trial. Griffith is a land use attorney at Ellman Burke Hoffman & Johnson in San Francisco. (According to her bio, Griffith, played varsity basketball at the University of Miami; she graduated from Stanford Law in 1997).

According to the Recorder, Griffith wasn’t too taken with Paul Weiss’s Ted Wells, who led the defense. Griffith was especially critical of the defense’s tactic of calling a witness who testified for the prosecution the first time around, and then giving the witness a blistering time.

“It leaves the jury thinking, well, what are we supposed to do with this information?” Griffith said, adding that the jury ignored the witness because his testimony wasn’t backed by documentation.

Overall, reports the Recorder, jurors liked the prosecutors, calling them thorough, professional and courteous. Said Griffith: “They’re what I’d want my associates to learn from.”

They also liked Lapine’s lawyer, Marcus Topel of Kasowitz, Benson, Torres & Friedman. Several said he came off as a “country lawyer” who was approachable.

That contrasts with their impressions of McCall’s defense team. “They were overall less effective than both Mr. Topel and the government,” Griffith said. “It goes to show spending millions of dollars on your defense is not necessarily effective.”

McCall’s team was not available for comment to the Recorder, and a government spokesperson declined to discuss the verdict until after sentencing. Topel said he felt “terrific,” saying he was grateful the jury was able to separate Lapine’s conduct from McCall’s.





]]> WSJ_law_blog http://www.worldlawdirect.com/forum/attorneys-legal-ethics/31806-lawyer-jury-talks-lawyering-trial-involving-lawyer.html <![CDATA['Tis the Season: Skadden Matches Cleary and Cravath on Bonuses]]> http://www.worldlawdirect.com/forum/attorneys-legal-ethics/31769-tis-season-skadden-matches-cleary-cravath-bonuses.html Thu, 19 Nov 2009 22:40:04 GMT Image: http://online.wsj.com/media/money_C_20091103181013.jpg This just in: Skadden Arps, often a bellwether on salaries, bonuses and the like, has... This just in: Skadden Arps, often a bellwether on salaries, bonuses and the like, has matched the end-of-year bonuses being paid out by Cravath and Cleary. Click here for previous posts on the 2009 bonuses.

Again, the Cravath, Cleary — and now Skadden — numbers:

Class of 2008 — $7,500
Class of 2007 — $10,000
Class of 2006 — $15,000
Class of 2005 — $20,000
Class of 2004 — $25,000
Class of 2003 — $30,000
Class of 2002 — $30,000

Said firm chair Eric Friedman:
We are pleased to announce that we will be paying a discretionary bonus this year. The discretionary bonus is an indication of our appreciation for your hard work and dedication to the Firm and our clients.

While the economic environment has had an impact on our clients and the demand for legal services, the Firm remains strong and we are optimistic about the future. Accordingly, associates in the class of 2008 will be paid a year end bonus of $7,500 on December 18, 2009. As in the past, bonuses will be paid to associates in good standing who have been reasonably busy over the course of the year. Payment will only be made to associates employed by the Firm on December 18th.

Best wishes for the holiday season.

At this rate, LBers, it looks like it’s going to be a fairly low-key holiday period. We’re doubtful anyone else will top what appears to be the going rate. But then again, we’d love to be proven wrong.





]]> WSJ_law_blog http://www.worldlawdirect.com/forum/attorneys-legal-ethics/31769-tis-season-skadden-matches-cleary-cravath-bonuses.html Is there an age limit to become a lawyer? http://www.worldlawdirect.com/forum/attorneys-legal-ethics/31753-there-age-limit-become-lawyer.html Thu, 19 Nov 2009 15:13:04 GMT is there an age limit to become a lawyer in California or Texas is there an age limit to become a lawyer in California or Texas ]]> Unregistered http://www.worldlawdirect.com/forum/attorneys-legal-ethics/31753-there-age-limit-become-lawyer.html <![CDATA[Attorney doesn't inform me about the case]]> http://www.worldlawdirect.com/forum/attorneys-legal-ethics/31733-attorney-doesnt-inform-me-about-case.html Wed, 18 Nov 2009 23:29:54 GMT I have a inheritance case in other European country and I have an attorney there to defend my interests. The problem is that he doesn't take my calls or answer to my emails. I don't want to change attorney now as he have powers of attorney to represent me and is in other country so would be difficult to find a lawyer at a distance.
He is working in a partnership with other lawyers could I just pick up one of the other lawyers in that firm or is there anywhere I could complain about him? ]]> Unregistered http://www.worldlawdirect.com/forum/attorneys-legal-ethics/31733-attorney-doesnt-inform-me-about-case.html How to end a contract to collect a judgment http://www.worldlawdirect.com/forum/attorneys-legal-ethics/31707-how-end-contract-collect-judgment.html Wed, 18 Nov 2009 15:10:58 GMT A friend signed a contract with an attorney almost 4 years ago to help him collect a judgment. Per the agreement, she is working on a contingency... A friend signed a contract with an attorney almost 4 years ago to help him collect a judgment. Per the agreement, she is working on a contingency basis. In this time, she has not collected a dime. He would like to get someone else to try and collect. ]]> Unregistered http://www.worldlawdirect.com/forum/attorneys-legal-ethics/31707-how-end-contract-collect-judgment.html <![CDATA['Drug war' attorney: Time to change pot laws]]> http://www.worldlawdirect.com/forum/attorneys-legal-ethics/31676-drug-war-attorney-time-change-pot-laws.html Tue, 17 Nov 2009 20:14:11 GMT Three years ago, former U.S. Attorney John McKay was somewhere near the front lines of the nation's drug war.

Directing federal prosecutions in Western Washington before he was fired in 2006 by the administration that appointed him, McKay's office sent marijuana smugglers and farmers to prison on decade-long terms. It indicted a loudmouth Canadian pro-pot activist for selling cannabis seeds by mail order.

So the crowd at an Edmonds auditorium could have been forgiven its surprise on Monday when McKay stood on stage with travel author and decriminalization advocate Rick Steves and declared that, of course, he is "against stupid laws."

"I think there has to be a shift in the paradigm," said McKay, now a professor at Seattle University. "The correct policy change would be a top-to-bottom review of the nation's drug laws."

More...

Ex-U.S. attorney: Time to change pot laws ]]> forum_admin http://www.worldlawdirect.com/forum/attorneys-legal-ethics/31676-drug-war-attorney-time-change-pot-laws.html California: Lawyers earn fees from law they wrote http://www.worldlawdirect.com/forum/attorneys-legal-ethics/31671-california-lawyers-earn-fees-law-they-wrote.html Tue, 17 Nov 2009 19:49:52 GMT Every lawsuit filed or even threatened under a California law aimed at electing more minorities to local offices — and all of the roughly $4.3... Every lawsuit filed or even threatened under a California law aimed at electing more minorities to local offices — and all of the roughly $4.3 million from settlements so far — can be traced to just two people: a pair of attorneys who worked together writing the statute, The Associated Press has found.

The law makes it easier for lawyers to sue and win financial judgments in cases arising from claims that minorities effectively were shut out of local elections, while shielding attorneys from liability if the claims are tossed out.

More...

The Associated Press: Jackpot: Lawyers earn fees from law they wrote ]]> forum_admin http://www.worldlawdirect.com/forum/attorneys-legal-ethics/31671-california-lawyers-earn-fees-law-they-wrote.html FBI: Hackers are increasingly targeting law firms http://www.worldlawdirect.com/forum/attorneys-legal-ethics/31665-fbi-hackers-increasingly-targeting-law-firms.html Tue, 17 Nov 2009 19:40:06 GMT The FBI has issued an advisory that warns companies of "noticeable increases" in efforts to hack into the law firms' computer systems — a trend that cyber experts say began as far back as two years ago but has grown dramatically.

In many cases, the intrusions are what cyber security experts describe as "spear phishing," attacks that come through personalized spam e-mails that can slip through common defenses and appear harmless because they have subject lines appropriate to a person's business and appear to come from a trusted source.

"Law firms have a tremendous concentration of really critical, private information," said Bradford Bleier, unit chief with the FBI's cyber division. Infiltrating those computer systems, he said, "is a really optimal way to obtain economic, personal and personal security related information."

More...

The Associated Press: FBI says hackers targeting law firms, PR companies ]]> forum_admin http://www.worldlawdirect.com/forum/attorneys-legal-ethics/31665-fbi-hackers-increasingly-targeting-law-firms.html CLE Speakers http://www.worldlawdirect.com/forum/attorneys-legal-ethics/31656-cle-speakers.html Tue, 17 Nov 2009 17:18:24 GMT Hello - I would first like to introduce myself. I am Natalie Woolever, the managing director of CLE123, a self-study CLE provider offering courses in... Hello - I would first like to introduce myself. I am Natalie Woolever, the managing director of CLE123, a self-study CLE provider offering courses in New York, California and Arizona. As a CLE provider, we strive to provide attorneys with the most up to date and relevant content available and, to that means, we are always looking for new speakers to expand our library.I am not sure if this website is the right forum but I figured that since you regularly feature and discuss the layoffs and hardships affecting attorneys, lecturing could be a good supplement to unemployment. Not only would a speaker earn royalties paid on a quarterly basis, but they would also earn free CLE.

Here are a few details - Attorneys speak on the topic of their choice. The recording process is quite straightforward and consists of simply sending the speaker a digital recorder to use at their leisure. The course can be any length of time from one hour to whatever time it takes to adequately cover the chosen topic. Additionally, the courses are all sent to an audio editor, so the lecture does not have to be perfect in that any "ummms", pauses or misspoken sentences are edited out.

Our payment is royalty based and paid on a quarterly basis and we offer our speakers a percentage of the sale price of the course. We sell a one credit course for between $30 and $40 and offer our speakers a percentage of that amount for as long as the course is sold by our company.

If you would like to learn more about CLE123, please visit our website at www.cle123online.com or call me at (516) 512 – 4187.

Thank you for your time and I look forward to hearing from you if you are interested in working with us.

--
Natalie Woolever
CLE Coordinator, CLE123
(866) 925 - 3123 x1 ]]> Unregistered http://www.worldlawdirect.com/forum/attorneys-legal-ethics/31656-cle-speakers.html Ranking law schools and law firms. All of a sudden, everyone’s doing it. http://www.worldlawdirect.com/forum/attorneys-legal-ethics/31643-ranking-law-schools-law-firms-all-sudden-everyone-s-doing.html Tue, 17 Nov 2009 07:23:46 GMT

Well, let us add one more name to the parade. Law & Politics, the publisher of Super Lawyers and the cheeky magazines Minnesota Law & Politics (pictured) and Washington Law & Politics, will on Tuesday unveil its first ever ranking of U.S. law schools, based on one criteria only: how many Super Lawyers each produces. Roughly 5 percent of the lawyers in each state are selected to Super Lawyers lists each year. Click here for how those are chosen.

“We’ve been rating lawyers for nearly 20 years,” says Super Lawyers publisher and founder Bill White. “This puts us in a unique position to shed light on how well schools fulfill the ultimate mission of producing great lawyers.”

More...

Harvard Tops First Ever Super Lawyers? Ranking of Law Schools ]]> forum_admin http://www.worldlawdirect.com/forum/attorneys-legal-ethics/31643-ranking-law-schools-law-firms-all-sudden-everyone-s-doing.html Introducing Hogan Lovells — The Name, Not The Firm http://www.worldlawdirect.com/forum/attorneys-legal-ethics/31624-introducing-hogan-lovells-name-not-firm.html Mon, 16 Nov 2009 20:30:05 GMT

There hasn’t been much news coming out of Lovells or Hogan & Hartson since news broke in October that the two shops are poised to merge, creating a giant, 2,500-attorney firm of firms.

Here’s a WSJ article on the proposed merger, which would be one of the more significant British invasions since the Beatles.



But finally, after a weeks long lull, we have something to chew on. The merged firm, if approved, will be dubbed Hogan Lovells, according to an article today by Legal Week, a U.K. pub, which obtained an internal document sent to partners at both firms. (The partners are due to vote in December on whether to approve the merger.)

Legal Week titillates with still more details.
  • Management at the merged firm would be a joint affair, led by Lovells head David Harris and Hogan chairman Warren Gorrell.
  • The new management structure, including 10-member board, an international management committee, will be similar to Lovells’ current system, though both firms will share equal representation in management.
  • Lovells’ partners will veer towards Hogan’s compensation structure, with Lovell’s modified lockstep system transformed to a merit-based point system, which awards performance-based bonuses. Lovells, Legal Week reports, had already been considering a performance-related bonus for partners before the merger talks. Hogan, meanwhile, factors in other criteria in awarding pay, including teamwork and mentoring.
A Lovells spokesperson told Legal Week that it has submitted documentation on the proposed merger to partners. “We are committed to having discussions about the future of our firm among our partners,” the spokesperson said. “As a result we will not be commenting on any of the specifics of the proposed merger at this time.”

“We have provided materials to our partners that describe the strategic fit, business objectives, client benefits, and key features of the proposed combination,” said a Hogan spokeswoman. “We remain committed to this process, and in keeping with previous statements, we will not comment on the proposed combination unless we have something more definitive to report.”





]]> WSJ_law_blog http://www.worldlawdirect.com/forum/attorneys-legal-ethics/31624-introducing-hogan-lovells-name-not-firm.html Reed Smith Asks Non-Equity Partners to Pony Up http://www.worldlawdirect.com/forum/attorneys-legal-ethics/31616-reed-smith-asks-non-equity-partners-pony-up.html Mon, 16 Nov 2009 18:30:04 GMT

It’s been a busy few weeks in the news for law firm Reed Smith. According to the American Lawyer, the firm, which recently announced it would slash both its associate salaries and its billing rates, will ask 300 nonequity partners to contribute a percentage of their base pay — likely about 15 percent — to the firm in order to maintain their partnership status. Gregory Jordan, the firm’s chair, confirmed the news to American Lawyer.

How mandatory are the payments? Fairly, it seems, at least if one’s still interested in being a partner. Those nonequity partners who choose not to kick in will lose their partnership status and instead can “opt to be a kind of salaried employee without those attributes of partnership,” Jordan says.

Jordan says the move is aimed at unifying partnership standards across the firm’s international offices. The initiative, which will be rolled out in the coming months, is intended to clear up that problem by ensuring that anyone with the word “partner” in his or her title has something invested in Reed Smith, Jordan says.

“It’s about not just saying you’re a partner, but actually being one,” Jordan says. “It means something. It revolves around risk-sharing in the business.”

Jordan says the move is not simply meant to provide a quick-fix cash injection or as a way of culling the firm’s nonequity partnership. “People could say, ‘Oh, Reed Smith must need the money,’ but the reality is we are having a very strong year,” he says. “And if you wanted to just trim nonequity partners, there are much easier ways to do that.”

In other words, says Jordan, the move should not necessarily be mistaken as part of a trend we wrote about earlier in the year: law firms asking partners to pony up in order to shore up their finances.





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