Picture of the Day (and Possible Bar Exam Question)
For those of you who just took the bar exam, the last thing you want is another essay question. But just for fun, and to see how much you've retained, here's one for you (in the style of an MPT question):
Your client is a junior associate at a top New York law firm. She agreed to be interviewed and photographed for an article in the New York Times.When the article appeared, your client was captured in this unfortunate pose:

Your client is distraught. She admits that she consented to the interview and photo shoot. But when she did, she had no idea the Times photo editors would choose THAT picture (out of literally hundreds that were taken).What possible theories of liability would you explore as the basis for a possible lawsuit by your client against the New York Times?
(Hint: New York does not recognize the tort of "Being negligently photographed in the Sharon Stone pose.")
Update: At least one of you thinks this photo is no big deal. But we view the photograph as brilliantly composed, fascinating, and tantalizing. It's like the smile of the Mona Lisa: the more you stare, the more elusive the mystery becomes.
For Young Earners in Big City, a Gap in Women’s Favor [New York Times]












Comments
David, I'm a big fan, but what is the point of redacting her name if you put up the link whereby someone could see the unredacted caption in one click?
Posted by: anon | August 3, 2007 12:45 PM
Lat, how pointless is it to take out the person's name then provide a link to the page where it is featured??
Posted by: lol | August 3, 2007 12:46 PM
No colorable claim here.
Posted by: Anonymous | August 3, 2007 12:46 PM
manslaughter
Posted by: anon | August 3, 2007 12:47 PM
Dude. This photo is so not a big deal.
Posted by: Yo | August 3, 2007 12:48 PM
To telegraph to the readers that the person should not be named in the comments?
Posted by: Anonymous | August 3, 2007 12:49 PM
HAHAHAHAH nice work Lat. This namefear is too funny - we should come up with a term for it. Namensfurcht?
Posted by: Anonymous | August 3, 2007 12:49 PM
LOL - manslaughter. Possibly felony murder, but manslaughter?
Posted by: Anonymous | August 3, 2007 12:49 PM
Please. All this drama for showing a bit of thigh?
Posted by: Anonymous | August 3, 2007 12:55 PM
An essay competition? The smart money is on the associate who works with an editor.
Posted by: Mister Thorne | August 3, 2007 12:56 PM
Insofar as you could prove that the picture chosen is objectionable to the average person, a claim of false light could work. Only problem there -- NY doesn't recognize that privacy tort. In fact, the only privacy tort that NY recognizes is for appropriating one's name or picture for commercial purposes. Unfortunately, I think her consent will likely preclude the appropriation claim. The only other claim I can think of would be intentional infliction of emotional distress, but obviously there would be some hurdles to recovery there, too.
Posted by: Anonymous | August 3, 2007 01:04 PM
Right of publicity? But the consent and news-gathering aspects are problems.
Posted by: anon | August 3, 2007 01:06 PM
Hey everyone, aren't we overlooking the best tort of all... the tort of OUTRAGE!!!
Posted by: Anonymous | August 3, 2007 01:08 PM
let's get real here. the girl works for a firm that's a sweatshop. you don't think she has bigger problems?
Posted by: anon | August 3, 2007 01:08 PM
Women are also saving more than men because they, invariably, aren't shelling out for all those drinks at the bars, fancy dinners with their dates, etc.
Posted by: Anonymous | August 3, 2007 01:16 PM
Really? This picture is supposed to be lascivious? Really?
Posted by: Really. | August 3, 2007 01:18 PM
Really . . . can someone explain why this is a bad picture or what the big deal is?
Posted by: Please Please | August 3, 2007 01:19 PM
And the article quotes a Dr. Beveridge.
Posted by: Anonymous | August 3, 2007 01:20 PM
Amen 1:16, amen.
Posted by: Anonymous | August 3, 2007 01:20 PM
Hmm, how exactly is she 24 and already a lawyer? Unless she skipped grades or something, at best she is a recent law school grad awaiting bar exam results. More likely, she's a summer associate. Either way, she's not a lawyer.
Posted by: Anonymous | August 3, 2007 01:25 PM
She posed for the picture. I am sure NYT had her sign a release so they could use it. If she wanted to have final approval of shots, she should have demanded that be added to the release agreement (but, since I am sure they have a stock release that they refuse to change, I am sure they would have just not used her picture--which is what she wanted anyway, so that is why she assumed this risk).
No cause of action, but pretty nice picture. I found the focus on the, ah, "gap" to be paticularly evocative of the question asked--Is it a focus on her femininity as a source of power? Or is it merely exploiting her, as her employer no doubt does? Ah, j'adore le NYT.
Posted by: Anon | August 3, 2007 01:27 PM
1:25 -- If you google her, you'll find out that she was admitted to the bar in 2006. Graduate HS at 17. Graduate college at 20. Graduate law school at 23. Pass bar and make a stink about a picture at 24. The math works for me.
Posted by: Anon | August 3, 2007 01:28 PM
She must be a full-time associate. She's in Martindale Hubbell, which lists her as admitted in 2006.
Posted by: Anonymous | August 3, 2007 01:28 PM
1:28 - Jinx
Posted by: The Other 1:28 | August 3, 2007 01:31 PM
are all of you so cramped up in your offices that you have never seen a woman in a bathing suit? this is the talabanization of above the law. you can definitely be a lawyer at 24. all you have to do is graduate high school at 17 or finish college in three years using AP credits.
Posted by: anon | August 3, 2007 01:32 PM
1:32, ATL is a legal TABLOID, not a legal TALIBAN.
In answer to your question: YES.
Posted by: Anonymous | August 3, 2007 01:33 PM
You're all missing the point here. She's sitting outside, presumably around lunchtime, in work clothes, which means she is WASTING BILLABLE HOUR TIME DURING THE WEEK.
I'm sure her firm will flaggelate her for such transgressions and the 45-minutes of unaccounted for time on her timesheet.
Posted by: Anonymous | August 3, 2007 01:34 PM
There's no reason she can't be an associate. I've got an August birthday; skipped a year of high school and so graduated at 16; turned 17 when I started college; finished college at 20; finished law school at 23; started work post-bar exam right when I turned 24. And there was a guy a couple months younger than me in my law school class. Not that unusual.
Posted by: Anon | August 3, 2007 01:37 PM
She is an associate at Paul Weiss
Posted by: Anonymous | August 3, 2007 01:42 PM
Why is the NYT so obssessed with people's academic pedigree and social status? It makes me sick! That's why I only read the Atlanta Journal Constitution.
Posted by: Anonymous | August 3, 2007 01:59 PM
http://www.paulweiss.com/lawyers/detail.aspx?attorney=40
Posted by: Anonymous | August 3, 2007 02:05 PM
Because the NYT is so full of itself, and they all believe they run the best newspaper in the entire world, that's why their so into pedigree. It's pathetic. No Murdoch fan here, but I hope he eats their lunch.
Posted by: anon. | August 3, 2007 02:05 PM
Um, did she get her firm's permission to be interviewed? I knew somebody in a consulting firm who got in trouble for even benign quotes like this because their firms want their associates/consultants/etc to remain as invisible as possible. I mean, really, what possible reason/benefit could it be for her to be in this article? Why would she even agree to be quoted, let alone photographed? I'm always surprised when extremely bright people somehow get hoodwinked. If a newspaper says, hey can we get a quote? The answer is always, "no." I don't care if the newspaper article is "how 'bout them Yankees?" Cause isht like this happens all the time. Even though I think there is nothing interesting/scandalous/unprofessional/whatever about the photo or comment, you can bet she's not paranoid cause there are a handful of vengeful, spiteful partners at her firm who are thinking the same things as she is.
You are the master of the unspoken word/photo, and the slave to the spoken one -- (Russian proverb)
Posted by: Anonymous | August 3, 2007 02:06 PM
I find the light post sprouting of her head particularly attractive.
Posted by: Anonymous | August 3, 2007 02:09 PM
LMAO at 2:09! She looks like she's on those Tivo commercials!
Posted by: Anonymous | August 3, 2007 02:12 PM
Wow, 2:06...
Please take the rest of the day and weekend off. You need some rest.
Posted by: Let the Eagle Soar | August 3, 2007 02:21 PM