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Bitter News, 2-16-09

by Bitter Newsroom on February 16, 2009 in News

Quick Presidents’ Day headlines from the Bitter Newsroom—because it’s not like you’re busy because you got invited to Fashion Week:

Lawyer, lawyer, strong and able, get your elbows off the goddamn table. Law students attend a much-needed etiquette seminar so they don’t get fired because they “stabbed that tomato and squirted juice in a senior partner’s eye.” If I had a nickel… [Kansas City Star]

“Associate clocks the millionth hour for the year…and gets the rest of the evening off.” …Partners with confetti!  …And last year’s honor was billed from the women’s bathroom!  The cRaZy life!  [Solicitr.com]

Arrrrrr they going to be convicted of violating copyright law?  File-sharing site Pirate Bay walks the plank at their new trial in Sweden.  [Fox News]

Things are bigger in Texas.  Like UT’s law school dean Lawrence Sager’s salary.  $365,000.  How do you like those apples?  [TheEagle.com]

Trying to make yourself feel better about being laid off by thinking you’re just a victim of the economy?  That’s nice, but maybe you just weren’t good enough because your old firm is probably still hiring.  Firing associates and hiring laterals at the same time improves profitability.  [Crain’s Chicago Business]

Lawyers are licking their chops thinking about all of the fraudster prosecution action available over at the SEC if it were more like the CIA.  Waterboarding investment bankers, anyone?  [CFO.com]

Elephants never forget?  Ken Starr told lawyers that Obama’s opposition of Justices Alitio and Roberts could come back to bite him.  [The Washington Times]

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Post image for A Paralegal’s Memory Is Long

MEMO RE: My desk is not a trashcan
TO: Albert, The Arrogant Associate
FROM: Your Faithful Paralegal
SUBJ: Common courtesy

Trial preparation is a stressful time. I understand this. The weeks before a trial are critical. This is when you realize that all those billable hours we wasted writing motions didn’t accomplish squat and distracted us from what we’re actually supposed to be doing—winning the goddamn trial. Sure, busting the other side’s balls about document productions and writing angry letters is fun, but that doesn’t do me any good when I have to deal with all of you assholes running around like crazy people because you don’t seem to know what this case is actually about now that we have to, you know, try it.

These are daunting days. You’ll actually have to leave the confines of BigLaw, walk into court, and (gasp) do some real lawyer work. I know that the prospect of actually acting like a lawyer in court (or sitting next to a real lawyer for eight hours a day) can be terrifying, but it’s no reason to abandon common courtesy.

Allow me to sketch this out.

You: Working with/taking shit from the head partner in the conference room down the hall, talking about witness prep while eating lunch.

Me: Sitting at my makeshift desk in a conference room, eating my lunch and minding my own business.

Okay, Albert, here’s where the story gets complicated, so try to follow along. After an hour of swallowing the partner’s shit in between bites of your lunch, the partner tosses you his empty Chinese takeout container and tells you to throw it out.

But apparently grasping simple instructions is as challenging for you as figuring out how to serve an out-of-state corporation because your interpretation of his instructions were to walk down the hall (past a dozen trash cans) and put the partner’s discarded lunch on my “desk” as you muttered, “Paul needs this thrown away” under your breath.

I assume that your cognitive skills are advanced enough by now to tell the difference between a garbage receptacle and a desk. I make this assumption even though I’ve never seen your kindergarten diploma on your office wall hanging next to your degrees from law school, college, and yes, high school (seriously?).

Now, I understand that the way your lizard brain has evolved over time here has trained you to focus most of your mental capacity toward the many ways you can further delegate the tasks that have been given to you. And I know even better than you that shit rolls downhill here in BigLaw. But let me give you some simple advice: Don’t work so hard at being an ass. It comes naturally to you. When you walk by, count ‘em, 12 trash cans to order someone else to do your dirty work, you’re being an ass.

This doesn’t mean that I didn’t throw out the trash. I did. But being an ass for no good reason does have consequences. My power at this place may be small, but my memory is long. I can forgive, but I will not forget. And that’s bad news for you. Because tomorrow we’ll be going to court, and you’ll get that chance, the one you’ve been waiting years for, to finally cross-examine that witness. It’ll be your big moment, the chance to show everyone that you’re partner material, and I’ll be right behind you, binders at the ready. The partner, the one who told you to throw out his lunch, will have the right binder. The only question is: Will you?  Or did I accidently mix it up with lunch?

Going forward, I suggest that you do what you are told re: lunch disposal, and I’ll continue to prepare those nice trial binders for you.

You just got the memo.  From: Your Faithful Paralegal

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Caption This! Feb. 14-20

by Bitter Staff on February 13, 2009 in Comics

What in the Bitter Lawyer is going on in this picture?

Put your lawyerly wit to the test and post a comment with a hilarious caption about this motley crew.  And keep it clean.  (Ish.) The editors’ favorite entry will be announced next Saturday, February 14th.

Editors’ Pick (Feb. 7-13):



Craig: “Thank god this judge is as clueless as the editor at Bitter Lawyer picking the caption winners, or else I would be going to jail for life.”

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Bitter News, 2-13-09

by Bitter Newsroom on February 13, 2009 in News

Quick headlines from the Bitter Newsroom, so you can kill some time before you pretend to love the My Pet Lawyer that you’re inevitably getting for Valentine’s Day:

Late this week, 828 lawyers were told “This is the end of the road for you, dawg.” Just like that.  Randy Jackson delivered the layoff news to each of them.  And that’s not expected to be the end of it.  In all honesty, Bitter Lawyer is sorry to hear about all the insane, crap job losses.  Hang in.  [Law.com | WSJ Law Blog]

Batter up and lawyer up.  The right to an attorney now applies to major league baseball hopefuls in the N.C.A.A.  [The New York Times]

Madoff’s lawyer’s parents got out of the Ponzi scheme while the getting was good.  But can Ike Sorkin still stand to represent him?  And what about not-so-poor, old Ruth[Bloomberg]

“Legal dating code of conduct: 1) never date someone from your own firm, and 2) always date below your firm’s ranking to increase your chances of getting lucky.” [TheLawyer.com]

Which law school would rank at #1 ethically?  And what the hell would that even mean?  [PrawfsBlawg]

Does this cheer anyone up or inspire the mood for love?

A guy walks into a post office one day to see a middle-aged, balding man standing at the counter methodically placing “Love” stamps on bright pink envelopes with hearts all over them. He then takes out a perfume bottle and starts spraying scent all over them.

His curiosity getting the better of him, he goes up to the balding man and asks him what he is doing.

The man says “I`m sending out 1,000 Valentine cards signed, `Guess who?`”

“But why?” asks the man.

“I`m a divorce lawyer,” the man replies.

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Post image for Twelve Very Bitter Divorces

Love does not conquer all. Virgil got that one wrong. People fall out of love just as easily as the fall into it. And when the relationship goes south, there’s a good chance bitterness isn’t far behind.

Here are some divorces that certainly left a bitter mark. Happy Valentine’s Day from your friends at Bitter Lawyer.
Keep Reading ⇒

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Bitter News, 2-12-09

by Bitter Newsroom on February 12, 2009 in News

Quick headlines from the Bitter Newsroom because I’m sure you’re feeling a little un-stimulated:

Tina Turner sang it best: We don’t need another hero.  South Carolina police have been arresting anyone they can get their cuffs on who was affiliated with the picture of Michael Phelps taking hits from the bong.  Hm, maybe Cypress Hill sang it best.  “Home skillet, there’s water inside don’t spill it.” [Associated Press]

If Abraham Lincoln was still alive, he’d be 200 years old today.  And in the vein of “We don’t need another hero,” lets honor him with new worthless 1-cent pieces and break him down piece-by-piece: Lincoln the racist, the tyrant, the crybaby, the gay, the atheist, the depressed and henpecked.  Oh, and Lincoln the lawyer.  [USA Today | The Southeast Texas Record]

1929 gangsta’ style.  But Al Capone’s on trial for the St. Valentine’s Day Massacre 2009 style.  At least he has representation.  Gangster rapper “Sleezie” wishes he thought of going with a different kind of lawyer style.  [Columbia Missourian]

“A bunch of them are cheating on their spouses. A lot of them drink in excess. Very few of them know what’s going on.” The staff at Bitter Lawyer?  Maybe.  But at least we share a lot in common with Illinois lawmakers, according to Blagojevich.  [Washington Post]

Former “mediocre Mets” player and possible Hall of Famer Roberto Alomar is being sued by his former girlfriend for having unprotected sex with her despite knowing he is HIV positive.  [The New York Times]

Funny how if you change one vowel in “Beatle Mania,” it gets infinitely less cool.  [Am Law Daily]

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Valentine S.O.S.

by Bitter Contributor on February 12, 2009 in Columns

[Ed. Note: To best help Bitter Lawyers plan for what is potentially the most bitter holiday of the year, we turned to Todd Hawkins, President and Chief Concierge of The Todd Group, for some expert advice on how to survive—and score—this Valentine’s Day.]

Valentine’s Day is an important holiday.  Period.  If you mess it up, there are repercussions. Unlike Groundhog or Arbor Day, you can’t ignore it.  And there’s really no excuse for not trying.  While it’s not necessary that you care about it, it is necessary that you show your loved one you care.

My clients range from lawyers and business executives to athletes and celebrities, and my job as a lifestyle concierge is to make sure they live the good life despite working hard.  I make hard-to-get dinner reservations, plan relaxing getaways and get the un-getable.  I’ve dispatched Singing Cupids to offices and last year delivered “I Love You” Valentine bouquets to 13 women for a single client.  (Two of whom worked at the same place!)

Most often, however, the requests I receive from lawyers are for “I’m Sorry” gifts. I do a lot of preventative care and clean-up because significant others sometimes tend to fall by the wayside due to demanding schedules. Everybody’s had a work crisis before, and unfortunately, plans sometimes fall through on special occasions. Lack of time for personal responsibilities makes lawyers less attentive to romance, so it’s easy to get caught up, forget and pay the price.

But this year is a special opportunity to get ahead in the game since the 14th falls on a Saturday, so listen up.

Let’s start with the basics.  Here’s a list of four quick, foolproof tactics:

1.  Keep it simple

Your significant other will appreciate the little things. For example: Leave a note with a simple “I LOVE YOU” on a mirror or in a drawer that he/she checks daily.

2.  Take advantage of the entire weekend

Plan something Saturday and Sunday.  An amazing dinner on Saturday becomes even more memorable if it’s followed by a favorite activity on Sunday.  Think museum or hike.  Or maybe even a weekend getaway that’s not too far from home.  The weekend affords you a great chance to add another element besides just the cliché dinner.

3.  Put in some effort

A little effort goes a long way, so think about a gift that your loved one would really appreciate. Has she/he been talking about a must-have item lately, or did you fail to get them something they really wanted for Christmas?  Now is your time for redemption.

4.  Eliminate work from the entire weekend!

This is NOT the weekend to be running to the office for some last-minute work or constantly checking the PDA. Enjoy your loved one’s company and prove to them that they are most important.  Focus on them.  Remember: Your BlackBerry doesn’t love you back.

One trend this year that adds a level of difficulty: Recession Romance.  A failed economy has changed the playing field.  Where as last year I was planning extensive vacation packages including swanky hotels, 5-star restaurants, chauffeurs, spa treatments, diamond-stud earrings and other “sure thing” romance makers, this year people are taking a creative direction.  It’s all about standing out without paying out.

My two main suggestions?  Sentimental gifts and home cooking. 

Put your love in the skillet and create a great, simple dining experience at home. A girl will melt if her man puts effort into cooking—even if he burns the entire meal.  And great food is a sure way to a man’s heart.  Get candles.  Make it romantic.  Dress sexy.  Turn on the charm.  Set the tone.  Put a playlist together of music you both love.  (But avoid all the cheesy love songs.)

Also, write your loved one a note.  Men, open up a little bit about your feelings and tell them how much you love them. Women, men want to know you’re proud of and sexually attracted to them.  And never type it.  Handwriting is more personal.  And I mean your handwriting—not your secretary’s.

If you’re in a long-term relationship, it’s all about trying new things together.  Engage each other’s interests.  If she likes to dance, take a salsa lesson together. If he wishes you cooked, learn how to make his favorite meal. 

And I can’t stress enough the benefits of the “weekend getaway.” Take a trip somewhere that doesn’t involve getting on a plane. Somewhere relaxing that will allow quiet and quality time together. 

If you stay in town, a couple’s massage followed by dinner is perfect choice. Most women would love their man to indulge in a massage with them, yet most men have hang-ups about spas.  Just get over it for a day and get on the damn table.  Because guess what—you’ll probably end up really enjoying it.

For new couples (or those yet to define the relationship), keep it simple.  DO NOT go overboard.  Too elaborate of plans can easily weird the other out.  Not to mention, you’ll be expected to top next year anything you do this year.  Play it safe.  Here’s where “dinner and a movie” is an advisable option.  But the woman should pick the movie.  Nothing kills romance like taking her to see My Bloody Valentine.

And if all this seems unnecessary, consider Client A.  Client A called last year around 4:00 p.m. on Valentine’s Day asking for someone to deliver flowers to his wife because he was out of town and completely forgot. Since every florist and delivery service is cashed by that hour, I hopped in the car and made the delivery myself. When I arrived at his house and rang the doorbell, his wife answered, but she refused to accept the flowers.  She said, “I don’t want them,” and asked me to let her husband know that he needn’t return home.  There’s no need to pay that price. 

Finally, in the event you don’t have a Valentine this year, spare everyone the sulking.  Get out and do something fun with friends.  I have a client who’s planning a Valentine’s dinner party for six of her closest girlfriends.  She and I have been working for weeks to plan every detail from catering to décor to gifts for all her guests.  And she admits this is her most anticipated Valentine’s Day ever.  Sometimes planning is the most fun part.

Still overwhelmed?  There’s still time, and help’s available.  Email Todd at .

Bitter News, 2-11-09

by Bitter Newsroom on February 11, 2009 in News

Quick headlines from the Bitter Newsroom to distract you from riding the chutes of Wall Street:

Julie Kamps got burned at Fried, Frank, and now she’s trying to roast them right back.  She filed a complaint about there not being any gay partners at the firm and for not developing its female talent.  She probably should have griped about the alleged lack of cultural food options and the bathroom toilet paper roughness while she was at it, but I’m pretty sure they charge by word on those damn press releases.  [PRWeb.com]

It’s sue or be sued for Plaxico Burress, who’s suing the Giants for $2 million in lost salary.  And for never sending an “We’re sorry you shot yourself” bouquet.  [Newsday]

Despite going against many republicans who want to abort porn, pornographers and abortionists representative David Ogden is expected to be confirmed as deputy attorney general by the judiciary committee.  [CNS News]

OMG, do u promise you won’t tell anyone?  It’s a secret.  Facebook paid ConnectU $65 millsky to go away after they accused them of stealing their idea.  Can u believe it?  Woops, guess I spilled the goods.  You’d think I’d know better, being that I’m a law firm and all.  [Los Angeles Times]

Seemingly killing two birds with one stone, solicitor general nominee Elena Kagan was questioned like a potential Supreme Court justice during her confirmation hearing.  It was everything short of asking to model a long, flowy, black robe.  [Fox News]

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Strippers and Ghosts

by Matthew Richardson on February 11, 2009 in Columns

Somewhere between Crystal’s pole routine and me drizzling her body with my Kettle Tonic, I started writing down the names of everyone firm-related actually at the Hustler Club that night.  It was me, an eighth-year associate we’ll call Josh, and a pretty awesome first-year we’ll call Maurice.  Then, I added our client’s name to the list, who we’ll call David Faustino—because why not use one of my childhood heroes as an alias?  He obviously had to be in attendance for the kind of shenanigans I was about to pull.

Except David wasn’t. 

Sadly, he went home immediately after dinner, even though he had sworn up and down that he was up for a big night when the evening began. Maybe David A) ate some bad eel, B) is a major wuss who can’t handle a few sake bombs, or C) recognized what kind of scum he was dealing with and knew that there was a good chance he’d be arrested for solicitation and written up in The Wall Street Journal.

The only respectable answer is A. You really can’t fuck with rank seafood.

In any case, his early departure royally screwed up our plan to bill a kickass night to his company.  We went over budget at the sushi joint.  Not crazy over budget, but we were in the red.  Then, despite missing our sucker client, we decided that we needed a private room at the Hustler Club. 

As Crystal rubbed her lubricated tits in my grill, I thought back to the list of people that I would have to pretend were also in attendance.

“Hey baby, what do you do?”

Not now, Sweet Tits, I’m trying to do math.

I jotted the figures on my handy legal pad.  (Yes, I had a legal pad in a strip club.) With the total tab nearing $1,300 and a budget of $100 per person, I knew I needed 13 names of warm bodies.  (That math isn’t easy when you’re drunk, which is precisely why I bring the legal pad.) Sketching out my roster, I knew that 13 would bring me in slightly over budget, and that’s just about perfect if you don’t want to arouse any suspicion. Nothing looks shadier than listing $999.99 dollars when your budget is $1,000. You may as well show up at McCarren Airport with your entire bachelor party each carrying $9,999 to avoid the taxman. 

Normally, I have my regular friends who I can count on, no questions asked, to vouch for my expenses. Me, Noah, Zachary, Allison and three other similarly shady associates. In a crazy-for-Swayze homage, we all call it “Ghost-ing.” And we give each other a heads up by saying, “You’re on Sam Wheat’s tab.”

This time, however, I needed to come up with quite a few more people who wouldn’t be as reliable as the regular ghosting crew—which officially became my problem after we determined who would submit the bill by bouncing a coin off a stripper’s ass. Since Maurice was a lowly first-year who probably maxed out his credit cards trying to keep up with us, it was me vs. Josh. I called heads, and Josh aimed the quarter at Crystal’s posterior. Then fate and the gyrations of her bottom conspired against me.

Fucking tails.

It used to be that best thing about working at a law firm was the limited oversight of our purse strings. Though I guess that depends on the firm. I imagine this kind of tomfoolery never flies if you went to a third-tier law school and work at your uncle’s ambulance-chasing shop. But in BigLaw, it’s a rite of passage, which is why I busted my ass to get here.

If you had the brains—and the game—to flirt a little with the Billing Chick, you pretty much had a license to print money. I know guys who got the firm to pay for everything from pet food to dry cleaning. Hell, if Asian massage parlors gave receipts, I might have got reimbursed.

Of course, that was all pre-meltdown. Things are changing.  And a game of chance off a stripper’s ass can now have real career consequences.  (WTF?)

Luckily, our Billing Chick is a pretty cool, thirty-something, single girl with pretty large bosoms and an addiction to Netflix. I talk movies with her for an amount of time proportionate to the dubious-ness of the bill I’m submitting.

But as Crystal removed her g-string, I saw the prospect of my biggest fraud to date. Would Kung Fu Panda chatter be enough for Billing Chick in this tough economy?

Probably not.

The next day, I submitted my expenses to Billing Chick and made some chitchat about how much I was looking forward to seeing the next Pixar movie. (What is it with chicks and cartoons?) Then, I went back to my office and feverishly sent out a Sam Wheat email alert, since there’s nothing worse than having your alibi blown because one of your ghosts was in California the day you took a “client” to Nobu.

Weeks passed. Josh landed a cushy job with our client and moved on.  I told him to have fun with my favorite buzz kill, David Faustino.

Then I got a call from Billing Chick. 

“Matt, you remember that bill you submitted a few weeks back for that sushi restaurant and bar that you went to afterwards?” Billing Chick asked.

Oh shit! Did I not call everyone on my list? Did one of them sell me out? No way.  Everyone knows what a vengeful prick I can be. Nah, I’m just being paranoid. Maybe Billing Chick is just using this as an excuse to try to ask me out on a date.

“Umm, I think so.” As if I could easily forget perpetuating a massive fraud.

“I just spoke to [David Faustino’s company], and apparently they check their invoices pretty thoroughly,” Billing Chick said. “I think you may have made a mistake.”

Of course I did, Billing Bitch.  My mistake was thinking I was buddy-buddy with you. But when push comes to shove, you shove me right under the bus.

“Do you remember who was there?”

Yeah, let’s see. It was me, Josh, Maurice and two raging coke whores who needed to pay for grad school.

“What do you mean?” I ask.

“I need to get this straight, Matthew.  It was you, Josh, Maurice, David Faustino, and nine other people who were out all night drinking?”

“Ahh….”

I tried to think of a way to pin this all on Josh or Maurice, but I knew I was sunk.  And looking guiltier by the second.

“Here’s the deal,” she interrupted.  “Mr. Faustino only claimed $500 of the $1,389 bill.”

Shit! I stared at my door waiting for security to barge in and lead me to the street.

“I’ll reimburse you the $500, but as for the remaining $889, normally it would be flagged, and I would have to reconcile this by auditing the expense reports of the other people you listed as being with you on that date.  But, thinking about it, if you’re willing to let that $889 amount go un-expensed, I don’t see any need in making an issue out of it.”

“That works for me.”

“Oh, and one more thing, Matthew. I hope I won’t see your name on any more questionable bills.  I don’t like apologizing to clients.  Nor do I want a nice guy like you to get in trouble.”

Was that a wrist slap or an invitation to slap handcuffs on her in my apartment?

Sadly aroused, I had no choice but to bite.

“When it comes out, let’s go see that new Pixar cartoon you were talking about,” I suggest. “What was the name?”

Monsters vs Aliens?!”

“Yeah.”

“It’s a date.”

Sweet.  An un-recouped $900 and an appointment to wear 3D glasses just saved my career.  It’s not great, but I think those are the desperate measures called for in these desperate times.

Though the lingering question remains: When the time comes, do I dare submit that evening’s expenses?

I don’t see why not.

Matthew Richardson is mergers & acquisitions by day, Unethical & Amoral by moonlight.

Bitter News, 2-10-09

by Bitter Newsroom on February 10, 2009 in News

Quick headlines from the Bitter Newsroom, so put down that SI Swimsuit Issue already:

In a bad economy, even prisoners are losing their positions.  Judges rule that California has to reduce the penitentiary population by 57,000. [WSJ Law Blog]

It’s Washington’s version of the golden parachute.  To avoid surviving on the pittance of government salaries while in office, many taking public-sector jobs in the Obama administration are bringing over some hefty payments from former private-sector employers, including AG Eric Holder’s $1.3 million severance from Covington & Burling.  [Washington Post]

Mini victories for Bernie Madoff.  He reached a partial settlement with the SEC, forced out enforcement chief Linda Thomsen (whose boss, new SEC Chairman Mary Schapiro, brings about $9 mill in loot from her former private-sector life) and is being credited for making seniors citizens active again[The New York Times]

Law school oracle or Caption Obvious?  Former Temple dean Robert Reinstein weighs in on the state of legal practice.  [The Philadelphia Inquirer]

There’s no “I” in “legal team.” But there is one in “Blagojevich.” He needs a new lawyer for his roster to battle federal indictment.  [Chicago Sun-Times]

Don’t know what to give that special someone for Valentine’s Day yet?  How about a 60-minute divorce?  [PRWeb.com]