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Is Success as a Solo Practitioner a Pipe Dream?

solo practitioner solo practice hang shingle.jpgWe have linked in the past to Big Debt, Small Law. Like Third Tier Reality, which we linked to yesterday, Big Debt focuses on exposing what the writer sees as the fraud of American legal education and the legal profession more generally.

The bloggers behind these and similar sites — deeply bitter and angry, but often viciously funny — vent at length about non-elite law schools that lure in students with false promises of post-graduation job opportunities and six-figure salaries. Students at these schools take on six figures of educational debt, devote three years of their lives to law school, and then can’t find jobs when they graduate. If they’re “lucky,” they secure employment as contract attorneys, reviewing documents for $21 an hour — and even these temp attorney jobs are disappearing, thanks to outsourcing.

Is hanging up a shingle, and going into solo practice, a viable way out from under this debt and misery? We have previously offered several positive posts about solo practice.

But Law Is 4 Losers, the author of Big Debt, Small Law, has his doubts. For the sake of balance, let’s look at his objections.

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Above The Law’s Top Ten Most Popular Stories of 2009

Happy new year 2009.jpgWe thought about trying to curate a list of the most important legal stories of 2009. But then the National Law Journal upped the ante with the Biggest Stories of the Decade.

Rather than telling you what was most important, we’re enlisting Google Analytics to tell you what was most popular at Above The Law this year, based on pageviews and traffic. After AboveTheLaw.com itself, the most clicked ATL url was our Layoffs tag, reflecting one of the most important ongoing stories here this year. Hopefully, that’s not the case in 2010.

So what were the most popular posts at ATL in 2009?

10. Now this is a cover letter: ‘Unemployed J.D. Candidate’ sent his resume and transcript to Bingham McCutchen, as well as a cover letter compiling the praise he has received from other top firms in their rejection letters. Points for creativity, but Bingham wasn’t impressed enough to hire him.

The rest of the top ten, after the jump.

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Don’t Mess With Texas Blokes

British aristocrat lawyer.JPGAn ATL reader sent along this motion, asking us:

Can you get to the bottom of whether this is a hoax? I assume it is, given how ridiculous the motion and response are. On the other hand, it’s Texas.

It’s a challenge to be an out-of-state attorney in some courts. It may be even more difficult to be an out-of-country attorney.

Here’s the motion from the District Court of Travis County, Texas:
motion to compel state's attorney to drop accent.jpg

The prosecutor is British (and a Duke Law ‘02 grad). His bloody funny response explains that he has already acceded to one of the Defendant’s concerns by wearing cowboy boots, but will not be dropping his accent.

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Voting Is Underway for the ABA Journal Blawg 100
(And we respectfully request your support.)

ABA Journal Blawg 100 2009 badge.jpgThe legal blogs selected for the ABA Journal Blawg 100 have been announced. In case you’re not familiar with this fine tradition, now in its third year, the Blawg 100 are “the 100 best Web sites by lawyers, for lawyers, as chosen by the editors of the ABA Journal.”

The 100 websites are divided into various categories, and then readers vote for their favorite in each. This year, Above the Law is defending its title in the News category. Although we are up against some excellent competition — check out all the nominees here — we hope you’ll do us the honor of voting for us.

This year the voting process is a little different. You need to be a registered user of the ABA Journal website in order to vote. Registering is free and easy; you can do so here. Voting ends on December 31, 2009.

We have many friends in the legal blogosphere, so we will refrain from making endorsements in the other categories. If you’re looking for voting guidance, though, feel free to check out Marc Randazza’s picks over at The Legal Satyricon.

Congratulations to all the Blawg 100, and good luck to everyone in the reader voting. May the best blog(s) win!

ABA Journal Blawg 100 - News [ABA Journal]
ABA Journal Blawg 100 - All Categories [ABA Journal]

Making a Vulgar Comment Now Gets You Fired?

New Yorker nobody knows you are a dog.JPGAs an editor of Above the Law, I find the headline below amusing. As a commenter on Above the Law, some of you will find the headline terrifying. From the St. Louis Post-Dispatch:

A single vulgar word cost a man his job on Friday.

Well, that’s putting way too nice of a spin on it. It’s not like somebody put in a vulgar comment and then the secret police crashed his cubicle and then kicked him out on the street.

No, the blogger who noticed and deleted the vulgar comment called the commenter’s employer:

A few minutes later, the same guy posted the same single-word comment again. I deleted it, but noticed in the WordPress e-mail alert that his comment had come from an IP address at a local school. So I called the school. They were happy to have me forward the e-mail, though I wasn’t sure what they’d be able to do with the meager information it included.

Armed with the IP address, the IT people at the school quickly found out who posted the comment. The commenter was confronted and resigned.

Would I ever do something like that? No. Because I’m drunk with alcohol, not power.

Let me explain after the jump.

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Breaking: Jones v. Minkin Dismissed!!!
(Plaintiff voluntarily dismisses lawsuit against ATL.)

David Minkin publisher AbovetheLaw Dealbreaker Breaking Media.jpg Yesterday’s Lawsuit of the Day — Jones v. Minkin, a $44 million lawsuit against yours truly, Above the Law publisher David Minkin, and Dead Horse Media (now known as Breaking Media) — has been voluntarily dismissed by the plaintiff, University of Miami law professor Donald Jones.

Pursuant to Rule 41(a)(1)(A)(i)(B), the dismissal is without prejudice. If Professor Jones wants to refile, he should note the statute of limitations (which had already run as to most of our posts about him by the time his complaint was filed).

There was NO SETTLEMENT in this case. Above the Law has made no changes to our prior posts, and we have paid no money to Professor Jones. The case was dismissed by the plaintiff without anything from our side, except a letter from our lawyer.

UPDATE (3:35 PM): We have offered Professor Jones a guest post on Above the Law in which to provide his side of the story, about either the lawsuit or the underlying facts. We have offered to keep the comments on that post closed or open, depending on his preference. (And we would have done this in the first place, had he made such a request.)

A huge thanks to our counsel, Marc Randazza.

Comment from Randazza, plus links to the notice of voluntary dismissal and other news outlets and blogs — we will UPDATE continually, so do check back for fresh links — after the jump.

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Lawsuit of the Day: Jones v. Minkin
(Or: Above the Law gets sued!!!)

David Minkin publisher AbovetheLaw Dealbreaker Breaking Media.jpg


For the first time in over three years of operation, Above the Law has been sued. We feel the lawsuit has no merit, but we will not comment further on this ongoing litigation. To access the pro se complaint, coverage by other news outlets and blogs, and ATL’s prior posts about Professor Donald Jones, click on the links collected after the jump.

Please note that we have closed comments on this post, out of respect for the judicial process. Thank you.

UPDATE: We will be continually updating this post with links to news and blogosphere coverage. We have already added new links from the ABA Journal, the WSJ Law Blog, and the Volokh Conspiracy, among other sources.

The fresh links will appear AFTER THE JUMP, so check them out there. Thanks.

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Those Who Can’t Mass Email, Blog

Jordan Reid Harvard grad turned blogger.jpgLaw firm mass emails can be a bitter pill to swallow. Nobody wants to be publicly accused of, say, taking craps on the bathroom floor. In that instance, a simple multiple-choice survey on bathroom habits followed by a marksmanship competition would have sufficed. One legal administrator recently learned the hard way that sending inflammatory mass emails is rarely the route to popularity or success. Or is it?

Jordan Reid (née Berkow) is your typical NYC born and bred jerkhat. She went to Dalton private school and then moved on to Harvard, where she got her undergrad degree in cognitive neuroscience. (Ed. note: that’s in the psychology department, nice try.)

Perhaps prompted by her voice coach and by a successful run in a summer camp production of “The Pajama Game,” Jordan went to L.A. to seek fame and fortune. After a few small roles and the requisite appearance on Law & Order, she abandoned ship and returned to NYC, where her she lived in an apartment partially paid for by her parents. As a matter of course, her mom, who worked in a law firm, hooked her up with a job as a legal administrator there. It’s not clear exactly where she worked, but Jordan describes the firm as “a fairly depressing” place, where she sobbed at her desk. If this sounds like your office, join the club email us at tips.

A flip-flop and an email, after the jump.

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Lawyers’ Social Media Horror Stories

businessman laptop computer online impersonation online impersonator.jpgWe’re getting mixed messages from the mainstream media. Just last week, Bloomberg told us Facebook and social networks are good for lawyers:

“Online networks are a fantastic tool for identifying expertise in the fields in which general counsel are looking to rein in outside counsel,” Eugene Weitz, an in-house attorney at Paris-based Alcatel Lucent, said in an interview. “Experts bubble up who have the ability to show their knowledge online.”

Some lawyers show a little too much online, though. That can get them into trouble. It can get them reprimanded by the bar, fined, or fired. This weekend, John Schwartz of the New York TImes did a nice round-up of lawyers’ Facebook fiascos.

Some “no-nos” when it comes to online behavior, after the jump.

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Open Thread: The Andrew Sullivan Pot Bust

Andrew Sullivan Andrew M Sullivan Andrew Michael Sullivan.jpgApologies for not getting to this story earlier. Sometimes things fall through the cracks around here. (We were offline for much of Thursday and Friday, attending Lavender Law.)

Last week, a federal magistrate judge questioned the propriety of the U.S. Attorney’s Office moving to dismiss a marijuana possession charge against Andrew Sullivan. Yes, that Andrew Sullivan — the noted political pundit, author, and blogger (and proponent of marijuana legalization).

Judge Collings issued his saucy opinion (PDF) on Thursday. Later that day, the story was broken by The Docket. The case has also been covered by Gawker, Wonkette, and the WSJ Law Blog, among other outlets (links collected below).

So we won’t rehash what you’ve probably already read. But feel free to take our reader poll and to discuss the case in the comments.

Judge angered by special treatment for Andrew Sullivan [The Docket / MLW]
United States v. Sullivan [PDF] [U.S. District Court for the District of Massachusetts]
Andrew Sullivan’s Federal Pot Favors [Gawker]
Friendly D.A. Saves Andrew Sullivan From Life Sentence In Gitmo, For Smoking Marijuana [Wonkette]
On Marijuana, a Famous Blogger, and One Skeptical Judge [WSJ Law Blog]

Above the Law - Off the Record: 09.07.09

Happy Labor Day! Hopefully you are enjoying a well-deserved day off. But to those of you who are at work, or who aren’t at work but still checking Above the Law today, welcome to Off the Record — our look back on the week that was.

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Talking about Skanks With Daniel Solove
(Or: How To Become the Legal Expert On Privacy in Less Than 10 Years)

cohen port skanks in nyc.jpgWe mentioned the ‘Skanks in NYC’ case in yesterday’s Morning Docket, and I’ve written about it extensively over at True/Slant.

To summarize: a blogger started a website called ‘Skanks in NYC’ in order to say nasty things about model Liskula Cohen. Cohen discovered the site containing just five posts, in which the blogger called Cohen a skank, a ho, and an old hag, among other nasty things, and posted photos of her.

Cohen decided she wanted to file a defamation suit against the anonymous blogger, so her lawyer subpoenaed Google — which hosted ‘Skanks in NYC’ at Blogger — to obtain the writer’s e-mail and IP address. The blogger’s lawyer fought the subpoena but lost. Manhattan Supreme Court Judge Joan Madden ordered Google to turn over the information. Google sent it along. Cohen filed her defamation suit outing her alleged defamer: Rosemary Port, a 29-year-old Fashion Institute of Technology student who was mad at Cohen for saying nasty things about her to Port’s boyfriend.

The press wrote lots of stories about the case and about Port, whose name the media obtained from court papers. Cohen then dropped her $3 million defamation suit, making it appear that this may have been a Cyberslapp: “a new form of lawsuit… threatening to overturn the promise of anonymous online speech and chill the freedom of expression that is central to the online world.”

Now Port wants to slap Google with a $15 million lawsuit, saying Google violated her First Amendment rights by complying with the court order. Her lawyer went so far as to compare ‘Skanks in NYC’ with the Federalist Papers. From the New York Daily News:

“I’m ready to take this all the way to the Supreme Court,” [Port’s lawyer, Salvatore] Strazzullo said. “Our Founding Fathers wrote ‘The Federalist Papers’ under pseudonyms. Inherent in the First Amendment is the right to speak anonymously. Shouldn’t that right extend to the new public square of the Internet?”

It’s been widely reported, but what are the actual merits of the suit against Google? We spoke with renowned privacy expert and George Washington Law professor Daniel Solove about the case and have an answer for you after the jump. While we had him on the phone, we also discussed how one becomes the foremost U.S. expert on privacy by age 37.

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Lawsuit of the Day: Sort of Like the AutoAdmit Case….

liskula cohen blog lawsuit.jpgBut with a hot blonde model as the plaintiff. From our sister site, Fashionista:

Liskula Cohen’s modeled for Versace and Armani and landed international Vogue covers, but recently she’s made less fashionable headlines.

Last year, a doorman smashed her over the head with a vodka bottle, and this year she’s sued Google to reveal the identity of an especially cruel blogger. The both tragic and anonymous person used Google’s blogger.com platform to unleash constant rants about the blond’s imagined sexual habits, but argued in court that the words were “non-actionable opinion and/or hyperbole.”

Find out how this fared, at Fashionista.

Internet Anonymity at its Worst [Fashionista]

Attribution in the Internet Age: When Does ‘Repackaging’ Become Stealing?

Story competition.JPGThe inherent tension between the old media and the new media boiled over the weekend when Ian Shapira wrote an insightful article for the Washington Post about how Gawker appropriated one of his stories. For people concerned with the so-called “death of journalism,” it is a must read. It is a fairly accurate description of what happens when bloggers repackage stories.

Yesterday, Gawker fired back at the Washington Post. Gabriel Snyder explained how bloggers add original commentary, humor, and sometimes insight. It’s one of the reasons readers keep coming back.

Today, our own Kashmir Hill entered the fray. She points out that some blogs (ahem) actually report and break news, and that news is repackaged by mainstream media sources all the time, often without sufficient attribution or original insight. Over on True/Slant, Kash writes about what happened to her popular story about Fordham’s privacy dossier on Justice Scalia:

I’m a struggling blogger making very little money. I would have been happy to write that story for the New York Times on a freelance basis and get paid for it. (As Washingtonian Magazine invited me to do for its June issue.)

But that’s not how these things usually work. As journalists — the traditional ones and the “new” ones/bloggers — we get stories out into the world, and then they bounce around and gather steam and get read. It’s exciting!

I’m happy my story was covered, regurgitated and repackaged. It’s an important story about a topic -privacy- that I am passionate about.

Hear, hear. The old media simply doesn’t have a monopoly on original reporting anymore.

In case you are interested, Above the Law has a very consistent policy that we follow when it comes to attribution. Let’s discuss it after the jump, and you can weigh in with your thoughts.

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Above the Law Policy on Law Student Anonymity

ATL judge logo small.gifThis is really of interest only to hard-core ATL groupies. But if you’d like to know our policy on preserving the anonymity of law students who do embarrassing things — and why we identified the alleged Law Student Spitter by name yesterday, even though we generally keep names out of summer associate stories — then check out the statement we issued to the UVA Law Blog.

One caveat: this is our policy with respect to law students. We deal with lawyers — or “attorneys,” if you think the words have different meanings — on more of a case-by-case basis.

David Lat’s Take on Covering the “Felony Arrest Case” [UVA Law Blog]

Gatesgate: More Links From Around The Web

Skip Gates.jpgThis morning, we mentioned that Professor Henry Louis Gates Jr. talked to the Washington Post about his arrest (the charges have already been dropped). But there is a lot of chatter around the web about this instance of racial profiling — or honest mistake, depending on your point of view.

Writing for the Daily Beast, Professor Gates’s daughter, Elizabeth Gates, conducted an interview with her father.

Meanwhile, Touré — who you might recognize from the wall-to-wall Michael Jackson coverage — channels Malcolm X when he asks, “What do you call a black man with a Ph.D.?”

Of course, I have my own take. But instead of focusing on the arresting police officers, I’m interested in the white lady who called the cops in the first place, and whether she’d be found liable under various theories of good Samaritan laws. I don’t think she met the “reasonable person” standard, but I’m also the guy who thought the person who took Madlyn Primoff’s children to an ice cream shop in the Kaye Scholer Mommy of the Day case was an idiot. At least I’m consistent.

Should we hold so-called “good Samaritans” to a higher standard?

Gatesgate: Racism 101 [True/Slant]
My Daddy, the Jailbird [Daily Beast]
Skip’s Racist Wakeup Call [Daily Beast]
Scholar Says Arrest Will Lead Him To Explore Race in Criminal Justice [Washington Post]

Earlier: Mommy of the Day Madlyn Primoff Gets Conditional Discharge

Ann Althouse: Engaged to Commenter from Her Blog

Althouse engaged.jpgAnn Althouse, law professor, blogger, from ATL Idol judge, has gotten engaged to a commenter on her blog.

Thank God I’m married. Seriously. I’m so glad that I don’t have to look for love in the comments. Thank you, sweet chocolate Easter Bunny Jesus. I will sacrifice a dozen colored eggs in your honor.

Andrew Sullivan has the bare bones facts:

Ann Althouse gets engaged to … a commenter on her blog. The post that got the ball rolling. Ten days of emailing … and she was ready.

And here’s part of Althouse’s response to Mr. Sullivan:

Andrew, I don’t think you’ve understood the time line here. And why link to the nasty Pandagon on this one? Your post is really disrespectful to me. If you’d watched the Bloggingheads you linked to, you’d know that my fiancé is someone who has interacted with me in writing on my blog for more than 4 years. We decided to meet in person after an exchange of email in December. We met in January and then, after a some additional email, decided to meet again in mid-February, and then we fell in love. We decided to get married after 2 more weekends and a 10-day spring break.

Well Ann, you have our congratulations. And since I don’t know what else to say, I’ve just turned on the LEWW-signal. Maybe we’ll get some expert commentary shortly.

Update (2:37): After the jump, LEWW answers the call and weighs in.

No Comment Possible [Daily Dish]
Love in the Time of Commenters [Bloggingheads]
Uh Oh. [Althouse]

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Blawg Review #204

Sacred Cows Blawg Review Above the Law.jpgHere at Above the Law, we thrive on taking a vat of hydrochloric acid to the veneer of the legal profession and exposing the original craftsmanship underneath. Nothing is sacred.

When given the opportunity to serve for Blawg Review — the “blog carnival for everyone interested in law” — I was excited to take Above the Law’s brand of rousing rabble out on the road. How many “Sacred Cows” are out there? How many can I hunt and grill? And as Denise Howell might ask me on her “Yo Comments Are Whack” podcast: “how many cow jokes can you take in one week before you end up on a liposuction table?” Eric Turkewitz already tussled with Oprah this week, so the easiest mark has already been bagged.

Of course, ATL is also a news organization. So while I had high hopes of continuing my friendly banter with Loyola Law School Dean Victor Gold, the news of the week inexorably pushes me in one direction. Luckily, it turns out that the thing everybody was blogging about this week is the biggest sacred cow of all, and it is ripe for poaching.

Let’s do this, after the jump.

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Morning Docket 2.11.09

barack obama.jpg

* NBC was criticized by the Department of Homeland Security for a series on war criminals that enforcers say could interfere with their investigations. [The New York Times]

* Raising questions about human rights, the State Department expressed concern about a Chinese blogger who has been indefinitely detained. [CNN.com]

* The artist of highly popular Obama posters Shepard Fairey filed a pre-emptive lawsuit against the AP, which accused him of copyright infringement. [The International Herald Tribune]

* Investors suing feeder funds that invested their money with Madoff will be fighting an uphill legal battle. [Bloomberg.com]

* Alan Dershowitz on bringing Israel before the International Criminal Court. [The Huffington Post]

New Above the Law Comment Policy

above the law logo.JPGAs the Above the Law community continues to grow, more people are posting absurd, inane, and arguably offensive comments. And more people are complaining about those comments — in the comments, as well by email and other means.

Here at ATL, we reserve the right to moderate comments as we see fit. We delete comments for reasons including (but not limited to) offensiveness, abusiveness, excessive profanity, irrelevance, or rank stupidity. Above the Law is a privately owned website; we have no obligation to provide our bandwidth to any particular user. Because we are not governmental actors, we are not subject to the equal-access rules of the First Amendment; when we moderate comments, it is not “censorship.”

But we also offer this recommendation to people who are offended by the comments: DON’T READ THEM. Toward that end, we want to make it easier for you to avoid the comments if you want to. Over the next 24 hours, we’ll be changing our site design so that comments will default to “hidden.” If you want to see the comments, you must affirmatively opt-in, by clicking a button to reveal them (either the “show them anyway” button within the post, or the “comments” button / counter on the front page).

Read more — and see for yourself how this policy will work — after the jump.

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