ABA Section of Business Law
ABA Section of Business Law
Business Law Today
November/December 1999
Snap Judgments Summer clerk? Good idea
The latest career advice for up-and-coming lawyers: Get a job!
Yes, it may seem a little obvious, but The Affiliates legal staffing service has just validated our intuition with a study that shows practical experience is the best way to get ahead in the legal profession.
Specifically, The Affiliates touts the pluses of law clerkships — how novel. According to the study, 90 percent of lawyers surveyed said internship experience was a key factor in selecting candidates for full-time positions. And here we thought a blue power suit was the real deal closer.
"Summer clerk programs provide law students with valuable knowledge about daily law office activities," said Kathleen Call, The Affiliates executive director, which can make the transition from law school to law firm much smoother for all involved.
Lawyer-free zone?
One California community may want to wait a little longer before it hangs the lawyer-free-zone signs next to the drug-free-school posters and the zero-tolerance-for-crime banners.
In the ultimate lesson in irony, the developers of a chi-chi Bakersfield, Calif., community are being sued because they refused to sell homes to lawyers, CNN reported. Why not offer homes to members of the bar? To avoid frivolous lawsuits, of course. As one Fairway Oaks resident put it, "You won’t have someone threatening to sue you if your dog is barking."
The altruistic policy backfired on the developers, however, when Timothy Liebaert, attorney at law, and his wife tried to buy a five-bedroom home in Fairway Oaks. Liebaert filed suit against the developers, alleging discrimination and unfair business practices.
A Kern County Superior Court judge recently threw out the discrimination charges, but the rest of the suit stands.
Liebaert, who received a full refund on his lot-reservation fee, vows to keep up the fight by appealing the discrimination charges. Who knows, if he winds up with a big settlement, he may be able to afford a nice spread in a private gated community. Perhaps he will find their residency requirements less discriminatory.
Excuse me, is that denim?
Yes, business suits may be a tad on the stuffy side, but at least they add a bit of stability to a lawyer’s crazy life — black suit, black shoes; navy suit, navy shoes. Ah, things were once so simple in the world of courtroom couture.
The onslaught of the all-casual, all-the-time mentality in some of today’s law firms has people scrambling to figure out where the line is between fashion and faux pas, according to the National Law Journal.
In fact, the Bureau of National Affairs found that 72 percent of personnel managers surveyed reported that employees went beyond the casual dress policies and wore "inappropriate" attire to work.
But what’s a lawyer to do? Mastering the connotation of "khaki casual" versus "denim casual" can be hard enough without the added nuances. Omaha’s Kutak Rock for instance, discourages overalls, while Jacksonville’s Rogers Towers Bailey Jones & Gay bans "any slacks that are of a ‘jeans’ design." Huh?
Sure, casual-dress policies have freed many lawyers from their uptight suits and power ties, but more than ever, it seems they’re slaves to fashion.
Get that name out!
The new phone books are here! The new phone books are here! Don’t just watch campy Steve Martin movies on late-night cable any more, live your own magical phone-book moment by jumping on the Yellow Pages’ "Get an Idea" bandwagon.
Yes, now instead of just using your phone directory listing to list your phone number (how passe) you and your firm can get the high-quality and oh-so-tasteful outreach opportunities that once only lawyers who advertised on TV could enjoy.
It seems the folks at Yellow Pages — out of the kindness of their hearts, without a thought about the bottom line — are cooking up ways that lawyers can get more information to potential "buyers." According to the latest Yellow Pages’ stats, "attorneys/lawyers" is the seventh most-referenced heading out of 4,200 in the book. What better way to draw more folks in — and perhaps make space a smidgen more valuable — than to include extra bits of useful information in listings?
Their helpful list of "Get an Idea" pointers for lawyers includes: listing prices and payment options, offering pointers ("such as how to collect evidence if you are being sexually harassed"), and mentioning foreign languages spoken.
If this takes off, your competitors could be yellow with envy.
Forget new technology
While many a corporate executive has been scoffed at when asking an assistant to take dictation — at least we see that happen on TV a lot — judges have a surplus of trained stenographers literally fighting for the right to hang on their every word. According to a Wall Street Journal article, a powerful stenography lobby has been throwing down big money across the country to make sure that stenographers always have their day in court.
While microphones and high-tech recording systems are making their way into some American courtrooms, the 31,000-strong National Court Reporters Association is punching all the right keys to keep things just the way they are.
In fact, in California, stenographers have gotten the state courts’ administrative branch to eliminate tape recording altogether.
But with technological advances nipping at their heels, it doesn’t look like the stenographers’ struggles are going to end any time soon. Of course if this turns into a full-blown legal battle, it will be interesting to see how the proceedings are recorded.
Don’t dis dissent
The bumper sticker on the Volvo in front of you on the freeway may be telling you that hate isn’t an American value, but according to one Cornell professor, dissent is. Steven H. Shiffrin in his new book argues that not only should Americans tolerate dissent, but they should encourage it. The Cornell Law School professor believes that the positive role of dissent — such as civil disobedience — strengthens the country and should be encouraged, not limited by the Supreme Court and the mass media, as Shiffrin contends it is now.
"My argument is that a dissent-focused perspective of the First Amendment offers richer insights into the meanings of America," he says.
It all sounds well and good, but what kind of grade is Shiffrin going to give the dissenting first-year who writes a paper criticizing his book?
New day for marketing?
If you ever wished that direct marketers would somehow just lose your contact information, you almost got your wish.
Incompatible software and outdated database systems have created a major obstacle for marketers looking to target their pitch, Forbes magazine reports. But don’t worry, thanks to folks like Roger Siboni — who started a company that makes sorting data a breeze for marketers — direct marketers will still be able to find you.
Siboni, former KPMG Peat Marwick head honcho, is now at the helm of the data-sorting software firm Epiphany — named we’re sure for the shazzam businesses feel when their data at last make sense, not Siboni’s glee at having seized onto a big money idea.
Regardless of the name’s genesis, the company is poised to rake in the big bucks. According to a recent study, businesses spent close to $10 billion on customer-relationship systems, the magazine reported. That number could jump 50 percent in the next three years.
— Heather Brewer
