Charles Schulze, A True Hero

Posted by wlansden | Filed under ,

By Brian Malcom

I like to note when lawyers do good.

Charles Schulze, a Washington lawyer, dove into the ocean and saved two drowning children this past weekend.  Schulze collapsed and died shortly thereafter. 

The Blog of Legal Times reports:

"According to the South Florida Sun-Sentinel, the fatal incident occurred while Schulze was on vacation in Pompano Beach, Fla., with Helen Smith, his partner of 20 years. The two were walking along the shore when Schulze noticed two brothers, 9 and 12, struggling in the surf. He dashed into the water and grabbed the younger boy, before swimming out more than 40 yards to fetch the older child as well."

"Schulze collapsed as he brought the older boy to shore. By the time paramedics arrived on the scene, he had no pulse."

I for one am proud to share a profession with Mr. Schulze.

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The End of The Endless Summer?

Posted by wlansden | Filed under , ,

By Kathleen Pearson

In case anyone hasn’t figured this out yet, the pendulum is swinging back to the middle when it comes to summer programs at law firms.  Forbes.com posted the following article, The End of the Cushy Law Student Internship.  While this recruiter agrees that it is a good thing to focus more on the work ethic of our future attorneys, I also don’t think it is the death-knell for all summer social events.   

Let’s face it.  Summer programs got a bit ridiculous in the past with crazy events and trips for candidates that have not even graduated yet.  However, social events and team building outings are an important part of any summer program.  It forces otherwise extremely busy attorneys to take time away from work to meet and get to know potential future partners.   

What will summer programs look like this year?  Most firms are watchful of the economy but are still planning a well-rounded summer program.  Programs will have more of a focus on work product and events will be scaled back. 

My advice to you students out there that actually have a summer position?  More than ever, you are going to have to prove yourself to land an offer.  The following are a few guidelines that will help you: 

  1. Communicate.  This is probably the most important tip.  If you have questions about a project, ask questions.  You are not expected to know everything, but you are expected to ask if you need clarification.  Be sure to communicate regularly with your advisor(s).  They can help you learn firm culture, get projects in areas you want and answer questions you have about your work.  
  2. Be sure you pay attention to deadlines.  Attorneys will often set deadlines for their projects based on real deadlines they are facing on a client matter.  Missed deadlines for no given reason are a red flag on summer associate evaluations.  If you think you will not be able to make a deadline, follow up with the attorney in charge of the project. 
  3. Don’t hide in your office.  You need to meet as many people as possible while you are at your firms.  If the firm culture allows it, leave your office and introduce yourself.   
  4. Attend the events.  This one is self explanatory.  The events are planned for you, so go! 
  5. Have fun!  Work hard but don’t forget to have fun, too.  

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Survival Tips for Summer Associates: Revised?

Posted by wlansden | Filed under , ,
We have previously discussed Survival Tips for Summer Associates here at YLB. We did so here and here.

What we failed to include was the following: "Don't White-out Your Grades on Your Transcript and Replace them with New Ones." Perhaps we should have?? One guy did just that and he will be paying for it.

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It's Not Easy Being Green ... Especially When All the Partners Know About It

Posted by wlansden | Filed under , , ,
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Recruits Beware the Facebook Ghost

Posted by wlansden | Filed under , , , ,

By Brian Malcom 

Be careful who you friend on facebook.  A trend is developing, as reported by CNN on their SciTech Blog , where facebook "users" create fake profiles and seek to friend recruits or contacts.  These fake profiles are coming to be known as Facebook Ghosts.  They are called ghosts because they seem to disappear as quickly as they surface.

Yahoo Sports reported that one NFL team allegedly used fake Facebook profiles to trick recruits into disclosing personal information.  Apparently, the team would create the fake profile, gain friend-level access to a recruit's profile, and then troll for evidence of poor character or for evidence of potential behavioral problems.  As CNN pointed out, "[t]he thinking there is that if a team official spots a player in Facebook photos smoking dope or partying hard, the team might avoid a bad draft pick and a potential public relations problem."
You might be wondering why YLB is concerned with a practice that is taking place in the sports industry.  Well...think about it.  What other industry recruits young talent?  What other industry is uniquely concerned with public perception and public image?  What other industry invests heavily in young talent?  If you guessed Law, congratulations.  Stay tuned for Facebook tips to avoid a haunting experience.

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Name Game: What exactly IS a trial lawyer??

Posted by wlansden | Filed under

So, we have all heard lawyers discuss the distinction between a "litigator" and a "trial lawyer," right? One actually tries lawsuits, while the other deals more with the mechanics of litigation before it gets to trial? Two lawyers in Memphis are taking this distinction quite literally.

This article reports that one refused membership in Tennessee's American Trial Lawyers Association because the other lawyer was already in it and did not have "trial" experience. As you can imagine, this created quite a war of words.

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Don't Get Bullied by Opposing Counsel

Posted by wlansden | Filed under ,

By Jonathan Brophy

When you are a newer associate, you will soon discover the unfortunate truth that there are certain attorneys who long ago forgot about the "civil" in "civil litigation."

The best piece of advice I ever received for dealing with an aggressive opposing counsel is to know the rules. Whether you're in a deposition, at a hearing, or conferring over a discovery dispute, knowing what you are entitled to and what you are not entitled to will help you be a strong advocate for your client without giving up unnecessary ground.

However, there is also a difference between knowing the rules and knowing how to practice. It will take a little while to learn the battles to fight and the ones to walk away from. Don't worry about giving opposing counsel an answer to a proposal on the spot - tell them "I'll think about it." Indeed, most strategy calls don't have to be made right away and you may not even have the authority to make an agreement - "thinking about it" will buy you the time to craft an appropriate response or solution.

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Expert Witness Deposition—Show me his wallet!

Posted by wlansden | Filed under , ,

By Eileen Burkhalter Smith  

I think a big challenge to a young lawyer in taking any deposition is knowing what you are entitled to “discover” through questioning and document review.  This is especially difficult with expert witnesses who often have files and documents you may not have seen prior to the deposition.  

I once had an opposing lawyer, one who had been practicing much longer than me, get very irritated with me when I asked to review the expert’s file during a deposition.  The expert’s file was lengthy, and he had referred to it throughout the deposition.  Even though we had discussed a few pages in the file, I asked to look at the whole thing, page by page.  The opposing lawyer was shocked and said “do you want to see what’s in his wallet, too?!”  I was surprised by his obvious frustration, and I believe my response was “uh, no, that is okay.”  

At the time, I knew I was entitled to see the file, and I could not figure out why my opponent was so exasperated.  The rules don’t require me to prove that this information is relevant, and it certainly isn’t privileged.  I think if the expert brings it into the deposition, I am entitled to see it.  Next time, I am going to say, “Sure.  He brought it into the deposition, so hand it over!” 

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Trends: Public Interest Sector

Posted by wlansden | Filed under , ,

By Brian Malcom 

Today, jobs are scarce. Young lawyers are scrambling to find jobs or retain the jobs they already have. A new trend is emerging: firms are loaning their young legal talent to public interest law centers - in some cases, with a paid stipend. The programs are often designed to retain young talent the firms have worked hard to recruit but whose workload has slowed due to the recession. 

As a consequence of this trend, the public interest sector has found itself saturated with young legal talent. Demand for public interest positions has increased substantially over the last year. Consequently, even the public interest sector legal jobs are becoming scarce.

Those lucky enough to find work in the public interest sector, despite having lost their job in the private sector, will likely benefit from the real world experience and the personl reward that comes with helping those in need. These private sector refugees may find themselves handling much more interesting cases than their private sector peers.

For instance, a public interest lawyer is much more likely to land a civil rights and constitutional rights case than a young associate at a large, private law firm. The young lawyers riding out the recession in the public interest sector may end up with their bank balances lower than they had hoped but their level of experience higher than they could have dreamed. These lawyers will be responsible for their own cases, construct their own arguments, write their own briefs, and be responsible for oral argument in each of their cases. This real world litigation experience is invaluable. The public interest sector is a great option for those young lawyers that wish to continue growing in experience and practical knowledge but find themselves without a private sector job.

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Update: Juror Twittering Did Not Affect Jury Verdict

Posted by wlansden | Filed under , ,

By Eileen Burkhalter Smith

Check out this article where an Arkansas State Court Judge held that a juror's real time text messages about a trial did not affect the jury's verdict, and while in "poor taste" were not "improper conduct."

The Defendant, against whom a substantial verdict was entered, appealed the verdict based on the juror's text messages sent to a public website about the trial during trial. His messages referenced the name of the Defendant, the verdict entered, and the juror's feelings about it. The Court held a hearing at which the juror testified concerning his texts.

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