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The 4 People Lawyers Won't Meet in Solo Practice
"You're so lucky you work for yourself; you don't have to work with people like [fill in the blank]." Solo practitioner Paul Schorn hears this often from friends in midsize and large firms, and in his heart, he knows they're right: Part of what makes solo practice worthwhile is getting to avoid some of the people who can drain all the fun out of practicing law. Here are four types of people Schorn is happy not to face on a daily basis, along with the lessons he believes people can learn from them. Civil Litigator Scales 5 of the 'Seven Summits'David N. Schaeffer, a partner at Holland Schaeffer Roddenberry Blitch, has climbed five of the "seven summits," the highest peaks of the seven continents. Schaeffer's appetite for climbing challenges apparently was whetted after he climbed Mount Whitney, which he says is "not very difficult." Schaeffer recalls, "Some 80-year-old had done it that day for the 35th time, so it was time for something more challenging." His book, "A Regular Guy's Guide to Five Big Mountains," comes out this fall. Indictments Dismissed Against Lawyers Charged in 'Slayer Statute' CaseThe Georgia Supreme Court ruled last week that criminal indictments against two lawyers must be dismissed, putting to rest a case that the state's criminal defense bar worried could threaten the livelihoods -- and liberty -- of lawyers whose clients are ultimately convicted. The lawyers were accused of stealing from the estate of a murder victim by accepting legal fees from his wife, who first inherited her husband's estate but ultimately pleaded guilty to a murder-for-hire plot. High Court Finds Lawyers and Their Advice Covered by Bankruptcy Reform LawConsumer bankruptcy lawyers are "debt relief agencies" under a 2005 federal bankruptcy law and restrictions on the type of advice they can give clients are constitutional, the U.S. Supreme Court ruled on Monday. In a challenge brought by a Minnesota law firm, the justices unanimously held that the plain language of the Bankruptcy Abuse Prevention and Consumer Protection Act clearly indicates that lawyers function as debt relief agencies when they provide bankruptcy help to consumers covered by the law. Going Solo? Get a Practice Management SystemThe economic downturn has led many attorneys, by chance or by choice, to stike out on their own. There are many technology tools to help you, says attorney Joseph J. Zaknoen, but the most important is a good practice management software system. Zaknoen turned to LexisNexis TimeMatters. Major Companies Pledge $30 Million to Minority- and Women-Owned Law FirmsAbout a dozen major corporations, including Prudential Financial, DuPont and Microsoft, pledged Thursday to spend $30 million in 2010 on minority- and women-owned law firms as part of a new commitment called the Inclusion Initiative. In-house lawyers at DuPont and Prudential hatched the idea and recruited in-house lawyers at other companies to build a larger coalition, says Prudential GC Susan Blount. Other companies in the coalition include American Airlines, Accenture, Comcast and General Mills. Firm Sanctioned for 'Perfect Storm' of Improper Practices in Debt CollectionA Manhattan law firm committed a "veritable 'perfect storm' of mistakes, errors, misdeeds and improper litigation practices" in trying to collect a debt from a woman, a New York state judge has ruled in ordering sanctions against the firm. Eltman, Eltman & Cooper was ordered to pay $14,800 for a series of ethics rules violations, including "disobeying" a court order dismissing the case by making "harassing" phone calls to the defendant. A firm spokesman said that an appeal is under consideration. ABA Cuts Dues to Lure Solos, But Will It Work?Last month, the American Bar Association agreed on a radical shake-up of its membership dues to get more representation from solo attorneys, the segment of the bar that is most acutely feeling the effects of a bad economy. Under a structure that will take effect this summer, solos will receive discounts of up to 50 percent. But it's not clear how successful the ABA incentives will be, as solo attorneys weigh things like the value of membership in a national bar organization versus more localized ones. Judge Praises Lawyer in Lawsuit Over Staten Island Ferry Crash but Retains Cut FeeNew York personal injury attorney Evan Torgan should not face disciplinary action for the circumstances under which he signed a paralyzed victim of the 2003 Staten Island Ferry disaster to a retainer agreement, a U.S. magistrate judge has recommended. However, the judge also recommended that federal Judge Jack Weinstein reject Torgan's motion to reverse Weinstein's decision reducing the lawyer's fee from 33 percent of the $18.3 million verdict to 20 percent, finding the fee reduction did not constitute an "undue hardship." Salaries Are Chief Cost Concern for Midsize FirmsLeaders of many midsize firms across Pennsylvania agree that salaries tend to be the most costly expense and one of the most difficult to control. David M. Kleppinger, chairman and CEO of McNees Wallace & Nurick, said that attorney costs, meaning salaries and benefits for all nonequity owners such as associates and of counsel, comprise "the largest single cost element in the budget." Firm leaders also noted employee benefits, and the cost of commercial real estate and technology as other major budget concerns. Kill Returns to Anderson Kill After 2 Years at Reed SmithLawrence Kill, a former managing partner at Anderson Kill & Olick who left two years ago with 55 other lawyers to join Reed Smith, rejoined his former firm Monday as chair of the litigation department. "I felt like I was coming home," said Kill, calling his return a "personal" decision.
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Plaintiffs Lawyers Jockey for Venue in Massive Toyota Litigation
Plaintiffs lawyers have been jockeying for a front seat in the mounting litigation arising from the sudden unintended acceleration problems in Toyota vehicles. About 150 lawyers assembled in Chicago recently to discuss sharing experts and legal strategies in the Toyota litigation, which now exceeds 80 lawsuits. Many lawyers have broken into camps based on which jurisdiction they believe should hear the multidistrict litigation against Toyota -- and which judge should decide the cases. Chief Justice Puts State of the Union Speech Back in the SpotlightSix of the nine Supreme Court justices attended the State of the Union address in January, but don't be surprised if that number goes way down next year, in light of comments made by Chief Justice John Roberts Jr. in Alabama on Tuesday, after he was asked about an unusual episode that occurred at this year's address. Said Roberts: "To the extent the State of the Union has degenerated into a political pep rally, I'm not sure why we're there." A Second Mistrial for Blogger Charged With Threatening JudgesIn a serious defeat for federal prosecutors, the second trial of blogger Harold Turner, the New Jersey white supremacist charged with threatening to kill three 7th Circuit judges, has resulted in a second mistrial. At the end of their second full day of deliberations Wednesday, the jurors said another day of deliberations would be useless, the third time they reported that they believed a unanimous verdict was impossible. Prosecutors will now have to decide whether to ask the 7th Circuit judges to appear for a third trial. Negotiating Cloud Computing AgreementsUnfortunately, the ease of access and simplicity of the cloud doesn't extend to the legal issues supporting it. While traditional software licensing and IT outsourcing agreements can be a model for cloud computing, there are new risks and business practices that must be considered. Ex-Kasowitz Partner Pitcock on Patent Suit Against Google, FacebookCalif. Justices Wonder: Is Walgreens a Grocery Store?Nationwide, State Court Systems Continue to Feel the PinchKing & Spalding Announces New Pay Scale, BonusesKing & Spalding announced on Tuesday its long-awaited 2010 pay scale for Atlanta partner-track associates in an internal memo obtained by the Fulton County Daily Report. The new pay scale ranges from $135,000 for a first-year associate to $190,000 for an eighth-year. Depending on class year, the new pay scale either lessens the effect of a September pay cut or restores some associates' pay to what they were making a year ago. The firm also announced that it will pay associate bonuses for 2009. Former Receiver Pleads Guilty to $2.6 Million Fraud, Faces up to 14 YearsOnce among the most respected professionals in the South Florida legal community, Lewis Freeman pleaded guilty Wednesday to wire fraud conspiracy. Federal prosecutors said that Freeman defrauded up to 250 clients, allegedly using misappropriated funds to "support a lifestyle that was well above his means," while moving millions of dollars among accounts to hide his actions. Freeman is free on bond, awaiting his May 19 sentencing, where he could receive a prison term of 10 to 14 years under federal guidelines. Source: Former Sens. Breaux, Lott in Talks With Patton BoggsFormer Sens. John Breaux and Trent Lott are in talks to more formally combine forces with law and lobbying firm Patton Boggs, according to a source. Rumors of such a deal have been spreading for months. Breaux, via an assistant, declined to comment, but said he has had offers from other firms since the Breaux Lott Leadership Group opened. Breaux and Lott are already special public policy advisers to Patton Boggs. Class Action Suit Over Aetna's Security Breach Is DismissedFinding there was no more than speculative injury, a federal judge has dismissed a class action suit against Aetna filed in the wake of news that the insurer's computer database may have been hacked and that personal data of up to 450,000 job applicants were potentially at risk. The judge added his voice to a growing chorus of judges who have held that such a claim of "increased risk of identity theft" is not enough to confer standing to sue. He noted that the courts are divided on whether plaintiffs in such cases have standing. 1-Year Suspension Recommended for Former Bush White House Aide Over Theft ChargeThe D.C. Board on Professional Responsibility has recommended to the
D.C. Court of Appeals that former White House aide Claude Allen, who
pleaded guilty in 2006 to one misdemeanor count of theft of property
under $500, be suspended from the practice of law for one year. Allen
contended that his conduct was a result of severe stress stemming from
his time as an assistant to President George W. Bush for domestic policy
issues during and after Hurricane Katrina. Solo Punished for Paying Paralegal a Percentage of FeesAfter practicing law in New Jersey for 57 years, Martin Burger learned something new: You can be reprimanded by the state Supreme Court for paying paralegals a percentage of fees on cases they bring in. He also learned the punishment could have been worse. In an order made public on March 5, the justices adopted the Disciplinary Review Board's finding that Burger capitalized on paralegal Lita Biederman's contacts in the Filipino community to generate immigration cases. On Capitol Hill, Obama Administration Defends Indian Trust DealSenior Obama administration officials on Wednesday defended the proposed
$1.4 billion settlement to resolve a long-running Indian trust dispute,
telling skeptical members of a House committee that the resolution,
which requires congressional authorization, is fair and appropriate.
Members of the House committee questioned whether the dollar amount of
the suit is sufficient to settle the claims. The members also are trying
to wrap their heads around the proposed range of attorney fees -- $50
million to $100 million. Panel Discussion on In-House Work Spells Bad News for Young AssociatesA panel discussion by outsourcing experts and in-house counsel on Wednesday highlighted the in-house reluctance to pay for work by first- and even second-year associates, even as in-house lawyers on the panel acknowledged that the trend could harm their hiring pools in the future.
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'Founding Partners' Decision Shows Limits of SEC's Power Over Relief Defendants
Jenner and Block's Michael K. Lowman and Andrew F. Merrick examine SEC v. Founding Partners Capital Mgmt., a recent federal court ruling that significantly curtails the power of the Securities and Exchange Commission to pursue ill-gotten gains from relief defendants in an SEC enforcement action. The ruling is significant for practicing securities lawyers because it confirms that there are important boundaries that circumscribe the SEC's authority to pursue claims against relief defendants. Network of Small, Midsize Firms Look for Opportunity in Hard TimesHard times bring opportunities, and the network of small and midsize law firms called Meritas hopes that more general counsel come knocking as their companies look for ways to cut costs. Cost savings isn't the only reason to use one of Meritas' 170 firms, which are based in more than 60 countries (and 49 states). The firms and their clients also tout personal service, geographic reach and quality control. Two Veteran Lawyers Say Now Is the Time for Fixed FeesIn these troubled economic times, fixed fees for particular legal matters have appeal for law firms and their corporate clients. Ben W. Heineman Jr., former GC for General Electric, and William F. Lee, co-managing partner for WilmerHale, strongly believe that this is an idea whose time has come. Fixed fees provide reduced billing hassles, more predictable cost to the client and more predictable payments to the firm. Heineman and Lee address how to set price with quality and achieve cost and value alignment. GC Didn't Split Stock Options With Ex-Wife, but That Wasn't ContemptThe general counsel of LoJack Corp. has beaten a contempt judgment, but
he still must kick in additional alimony to his ex-wife for money he
made in company stock. In a matter of first impression, the Appeals
Court of Massachusetts found on Tuesday that Thomas A. Wooters, top
in-house counsel for the anti-auto theft company, ran afoul of a divorce
judgment when he failed to pay his ex-wife's portion of the $1.2 million
that he made from exercising his stock options. Who Represents America's Biggest Companies ... and HowFor years, corporate counsel have been saying that they want to tear up
the old model of doing business with their law firms. This year, they
may finally start to make good on their threats. The recession is
forcing corporate legal departments to rethink the concept of legal
services in general. Although most of the same marquee names predominate
the top of this year's Who Represents America's Biggest Companies
survey, what is changing is the "how," rather than the "who." Everybody's Getting on Case Against Bad AdsHighlighting an uptick in advertising litigation, New York State Attorney General Andrew Cuomo last week ordered nearly 40 auto dealers to stop running allegedly deceptive ads about the federal "Cash for Clunkers" program. Consumer lawyers say that companies, trapped between the Internet undermining traditional ad venues and the bad economy undercutting sales, are resorting to questionable advertising practices. Defense lawyers say the plaintiffs' bar has painted a target on advertising. For Litigators, a Different Kind of RecessionA year ago, as the economy began its freefall, corporate law departments were preparing for an all-out assault by plaintiffs. But the early numbers for this recession are showing something quite different. Susan Hackett, GC for the Association of Corporate Counsel, said companies are "looking to apply the least expensive Band-Aid" to their legal problems. "They can't afford litigation. There's a real sense of, 'Make this go away quickly and quietly,'" Hackett said. Inside the New GM Dealer AgreementsAutomakers Chrysler and General Motors changed the history of dealer relations when they stepped through dozens of state laws and regulations and terminated thousands of long-standing dealers through the power of the Supremacy Clause of the U.S. Constitution and the U.S. Bankruptcy Code. Now that they have emerged from bankruptcy, history remains to be written on the intriguing issues of whether GM will be able to make its new, bold agreement, heavily weighted in GM's favor, stick in the face of state dealer laws. In-House Counsel Face New Global ChallengesAlthough no new claim trends against in-house counsel have emerged in 2009, the atmosphere is polluted with unemployment, liquidity crisis, congressional investigations, collapse of industry giants, massive Ponzi frauds, regulations to "go green," shrinking legal departments, pandemics and an explosion of online modes of communication. Commentator Susan F. Friedman presents topics frequently cited by the in-house bar as affecting how they practice law now and into the sustainable future.
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