A Recruiter's View from the Trenches: Summer Programs and Fall Recruiting

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By Kathleen Pearson 

Guess what? The sky is not falling in the AmLaw 200.

While summer classes are a bit smaller, they still exist and there is real work for the summer associates to actually do. They are busy going to trials, working on closings, sharpening their Westlaw skills and of course going to dinner parties, lunches, happy hours and riverboat cruises. At the end of the summer, there will be job offers and not ones that are deferred until 2015.

The good news here is really for rising 2Ls.  Fall recruiting will most likely look very different for you than it did for your senior classmates as "big firms" continue to refocus and cut back on class sizes.  But take heart, summer programs will continue to exist and thrive, especially in smaller markets.

When fall recruiting starts, consider regional firms that will actually be able to make you an offer!

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Good Idea - Bad Idea: Sick Days

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Good Idea: Using Sick Days to Treat or Recuperate From an Illness

Bad Idea: Using Your Own Sick Days, and those Donated by Co-Workers, to Deal with a Faked Illness

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So You Want to be a Supreme Court Justice?

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By Brian Malcom  

Judge Sotomayor's nomination to the Supreme Court brings up an interesting topic: How does one become a Supreme Court Justice?  There really is only one way to find out, and that is to look to the backgrounds of the justices of the past, present and possibly future. In the interest of current events, we will begin with the Honorable Sonia Sotomayor. 

Things that helped her nomination: 

1.  According to ATL, Obama "picked Judge Sotomayor based on three factors:     (a) her overall level of intellectual capacity and legal acumen, reflected in her academic record, her work as a lawyer, and her judicial service;     (b) her approach to judging, including her legal craftsmanship and her ability to win over colleagues on the Second Circuit; and     (c) her compelling personal story . . . ."  

2.  Being a woman. “It sends the wrong signal to have only one woman among the nine justices[.]”  - Senate Judiciary Committee Chairman Sen. Patrick Leahy (D-Vt.)  

3.   Empathy.  According to CNN, Judge Sotomayor said that the gender and ethnicity of judges affect their judicial decision making, at a 2001 U.C. Berkley symposium.  

4.  A Democratic Congress.  If the Democrats had less of a majority or no majority at all, Judge Sotomayor would face a much more difficult confirmation process than she likely will face in the coming months. 

5.  A recently-weakened GOP presence on the Senate Judiciary Committee. 

6.   Being the first Hispanic nominated to the High Court. How can the Republicans run the political gauntlet of voting AGAINST a female, hispanic, well-educated federal judge?  Answer:  they cannot.

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Good Idea Bad Idea

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Good Idea: Texting Your Friend an Invitation to Your House

Bad Idea: Shooting Him with a Shotgun When He Gets There.

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Saggy Pants: Update

Posted by wlansden | Filed under , ,

hip hop pantsThe Tennessee House of Representatives has delayed a vote on the "Saggy Pants" Bill until next year. In addition to the recent Attorney General's Opinion holding that the bill may be unconstitutionally vague, there was concern about the increased cost to the State for enforcement--including increased costs for parolee's whose droopy drawers got them sent back to prison. State Representative Joe Towns claims there is overwhelming support for the bill in the State. No other state has such a bill, though several municipalities do.

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Stay off Facebook? Is that possible? Who knew.

Posted by wlansden | Filed under , ,
By Brian Malcom  

That is the advice of the City Attorney for Fort Lauderdale, Florida, Harry Stewart, to the mayor and elected officials.  The Legal Blog Watch  reports that Mr. Stewart has advised elected officials to stay off Facebook and avoid Web 2.0 altogether in a memorandum.

The Florida Attorney General's Office prompted the memorandum by Mr. Stewart when it released its Attorney General's Opinion (AGO) 09-19  "dealing with the creation of municipal Facebook pages and the implications this would have under Florida’s Public Records and Sunshine laws . . . . The AG opined that a municipality may create a Facebook page if it finds there is a valid municipal purpose."  However, Florida's Sunshine Law requires that everything placed on the page is subject to public disclosure and a matter of public record. "[E]ven the city's Facebook 'friends' could become public records." 

So, be careful if you decide to "friend" your local government.  This is especially true if you a friending a Florida municipality.  Your profile could immediately become public record.

This brings us back to some simple, solid advice: Assume everything you post to Facebook or Web 2.0 is public and permanent.  While privacy settings are nice, they are not guarantees.  Use good judgment.

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First Juries, Now Witnesses

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By Eileen Burkhalter Smith 

We have previously mentioned the uptick in jurors texting and messaging during trial. 

This week, a Miami-Dade Circuit Judge declared a mistrial in a civil fraud case resulting from a witness text-messaging on the stand.  The witness was the CEO of the Plaintiff, and he was texting to another company employee who had previously testified.   

A courtroom spectator brought this to the Judge's attention, and the Defense's request for a mistrial was granted.  The Judge's exasperation seems well-founded (especially because this witness had been reprimanded before in this trial about communicating with another witness).

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Good Idea-Bad Idea

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Good Idea:  Having a desire to win as a prosecutor. 

Bad Idea: Ignoring the Constitution as a prosecutor

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Dear 1L: Legal Writing Tips

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By Brian Malcom     

Some things stand the test of time.  A few such things that come to mind are diamonds, love and Twinkies.  Another is good advice.  Larry Childs, a litigator for more than 30 years, wrote a letter as a 3L to his 1L sister.  Larry thought about the things he had learned about legal writing in law school.  He put pen to page and gave his sister some tips.  Three decades later, the advice on legal writing is still sound and relevant.  The letter is below.  Pay close attention to the first three rules and the last sentence. 

Letter from a third-year law student to a first-year law student: 

Dear 1L:

 Against my better judgment, I am going to try to set down some of what I told you about memo writing.  Remember that most first-year memos are over researched and underwritten and most of the point of the exercise is the writing.  Here are some suggestions off the top of my head: 

  1. Be clear. 
  2. Be clear. 
  3. Be clear. (got that one?) 
  4. Resist the temptation to slant the case toward one side.  Give arguments for both sides and point out weaknesses in both sides’ arguments.  
  5.  Write short, declarative sentences (<35 words) and avoid all passive verbs.  
  6. Legal memos are structured fairly rigidly.  Organize the memo from general to specific. (General rule, then exceptions.)  Discuss each issue separately to avoid confusion.   
  7. Organize paragraphs as follows: General point (topic or thesis sentence – introducing and summarizing the point of this paragraph); Case support and how facts of the case that tie into your fact situation; Analysis – how that case affects your facts.  Don’t be short on analysis.  It may take more than one paragraph.  This is where a lot of beginners fall down. 
  8. Don’t use long quotes except where you can’t say it any better than the judge did.   
  9. Make the statement of facts as crisp and concise as possible. (Usually chronological but not always).  

That’s all I can think of at the moment.  Try to keep your sense of humor through it all. 

Sincerely,

Larry (3L)

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Twitter Your Way to a Job

Posted by wlansden | Filed under , , ,

By Brian Malcom 

In case you have not figured it out, I am a fan of Web 2.0.  I think, when used properly, it is a valuable tool for young professionals.  CNNMoney seems to share my point of view. 

The CNNMoney article points out the usefulness of social networking sites in a recession.  According to the article, forums like Twitter, Facebook, MySpace and LinkedIn may help you land a J-O-B in these hard times.  More than ever, our network contacts and friends have instant access to our "status."  For some folks, posting a status update on Facebook or Twitter about a recent job loss resulted in a quick offer from a friend or acquaintance.

As you probably already know, the web is a two-way "series of tubes."  Job seekers are finding that Web 2.0 can be a tool to get first notice of job openings.  "There are a variety of services associated with social networking sites to help too, like TweetMyJobs, which sends out automatic updates of new openings in a specific field and region sent to your cell phone or by Twitter. If you fan a company on Facebook or follow internal hiring managers on Twitter, you might be the first to find out about job openings at the employer of your choice. "

As online social networking grows in popularity, more and more professionals will find their way to these sites.  This means more and more professionals, more and more companies, and more and more recruiters will be users.  This could be a great thing, or it could be a bad thing.  The determining factor will be how you use the sites.  To beat a dead horse, be mindful of the content you post to your profiles and status updates.  Web 2.0 is not a bumper sticker, it is your modern face to the world whether you like it or not.

Make the web work for you.  Spare yourself and the world pictures of your drunken exploits or offensive diatribes.  Shine your shoes.  You just might be interviewing for a job.

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