Archive for February, 2009

7th Circuit Affirms $80K Sanction: If Lawyer Can’t Pay, Bankruptcy Is Next Step

Friday, February 27th, 2009
Known for his sometimes-blistering views on attorney competency issues, Judge Frank Easterbrook of the Chicago-based 7th U.S. Circuit Court of Appeals takes something of a kindly tone, initially, in an opinion today upholding an $80,000 sanction against an impoverished attorney. But, writing on behalf of a three-judge panel, Easterbrook nonetheless finds that a lawyer who pursued litigation over a labor union election based on a number of "fanciful" allegations is responsible for the defendants' legal costs. An argument by attorney James Gordon Banks that he has only $2,000, his clothing, his watch and his wedding band—and no malpractice insurance—is irrelevant…

Civilian Criminal Indictment of ‘Enemy Combatant’ Is Unsealed

Friday, February 27th, 2009
A landmark civilian criminal court indictment of an accused "enemy combatant" who has been held without trial for years by the U.S. military was approved yesterday by a federal grand jury in Peoria, Ill., where he had been living as a student, and unsealed today. Ali Saleh Kahlah al-Marri, a citizen of Qatar and legal U.S. resident, is accused of providing material support and resources to the terrorist al-Qaida group and conspiring as well to do so, reports the New York Times. Initially arrested in 2001 in a credit card fraud case, he was declared an enemy combatant 18 months…

Jury Pool Study Could Put Courts in Hot Water

Friday, February 27th, 2009
The criminal case against the combative and controversial lawyer Geoffrey Fieger on campaign finance charges ended in acquittal last year in federal court in Detroit. But the loss his legal defense team handed federal prosecutors might continue paying those negative dividends to the point of payback. A lawyer in Fieger’s firm today filed a federal habeas petition (PDF) on behalf of a former Detroit city councilman, claiming that blacks are so underrepresented in pools for both petit and grand juries that his indictment and trial were unconstitutional. That’s an argument that’s being made increasingly in federal courts around the country.…

Sonnenschein Closes 11-Lawyer Office in Charlotte, N.C.

Friday, February 27th, 2009
Partners at Sonnenschein Nath & Rosenthal today voted to close the Chicago-based firm's less than two-year-old office in Charlotte, N.C. It isn't clear how many of the 11 lawyers affected will be able to move to another firm office, according to American Lawyer. There are also eight staff members at the Charlotte office. In an internal e-mail sent this afternoon, firm chairman chair Elliott Portnoy cited "local marketplace realities, the declining demand for legal services in the Charlotte legal and financial markets, and the needs of our financial institution clients" as reasons for closing the office. Related coverage: ABAJournal.com: "100…

9th Circuit Rejects ‘State Secrets’ Stay in Warrantless Wiretap Suit

Friday, February 27th, 2009
A federal appeals court in San Francisco has rejected an argument by the Obama administration that a lawsuit by a Muslim charity is blocked by the state secrets privilege. The U.S. Department of Justice had invoked the privilege, under both the Obama and Bush administrations, saying that the lawsuit by the now-defunct Al-Haramain Islamic Foundation, which was based in Saudi Arabia, shouldn't be allowed to proceed because it threatens national security, according to the Associated Press. However, the 9th U.S. Circuit Court of Appeals today rejected the DOJ's request for an emergency stay. The case focuses on documents accidentally turned…

Wife’s Death Put Judge Kent in Downward Spiral, His Lawyer Says

Friday, February 27th, 2009
A federal district court judge in Texas who has pleaded guilty to obstruction and faces a likely prison sentence went into a downward spiral after the death of his first wife in 2000 from a brain tumor, his lawyer says. For several years following her death, which ended a more than 30-year marriage, Judge Samuel Kent was “a walking basket case,” attorney Dick DeGuerin tells the Houston Chronicle. “He’s not the same man since his wife, Mary Ann, died a long and tragic death. He probably should have taken off a year and gotten psychological help." And, despite his misconduct…

Facing Another Request for a Weekend Project? Here’s How to Refuse

Friday, February 27th, 2009
A lawyer coach says it is possible to head off constant partner requests for weekend work, and it involves more than the single word “no.” In a Legal Intelligencer article, Debra Bruce offers several strategies to free up your weekend while satisfying a demanding partner. They include: --Approach the partner earlier in the week and ask about upcoming projects. For example, you could say, "I have an important commitment this weekend, so I want to make sure I cover all the bases for you by Friday. Are there any projects that you could find the need to hand off to…

Law Firm Layoffs Make Job Search Harder for Law Students

Friday, February 27th, 2009
As laid-off lawyers look for work, they are competing not only against each other but a fresh crop of would-be legal eagles about to graduate from law school within the next year or so. And for those still in the legal education pipeline, the ongoing deluge of bad news about layoffs, pay freezes, new associate start date delays and offer revocations is a daunting reminder of what they already know is a challenging job market, according to Minnesota Lawyer. “It’s scary and frustrating,” says John McBeain, 24, who is a second-year student at William Mitchell College of Law in St.…

As Layoffs Launch Lawyers into Solo Firms, Small Shops Are Hot, Experts Say

Friday, February 27th, 2009
Omair Farooqui had always been interested in running his own law firm. But being laid off last year from his job as an intellectual property associate in the Palo Alto, Calif., office of Manatt Phelps & Phillips pushed him into actually doing it. Sensing from a work slowdown that his job wasn't secure, Farooqui started networking. Within a month of his layoff, he and bankruptcy attorney Javed Ellahie had agreed to open Ellahie & Farooqui in San Jose, reports the National Law Journal. Other laid-off lawyers are making similar moves, and experts say it's a good time to open a…

Attendance Counts for UK Associates Facing Layoffs at DLA Piper

Friday, February 27th, 2009
DLA Piper associates in the United Kingdom who called in sick may feel even worse when layoff decisions are made. The law firm has drafted six possible criteria to determine which United Kingdom associates will be laid off, and taking sick days is reportedly one negative factor, Legal Week reports. The draft criteria, which are subject to change, award 15 to 20 points in each of six categories. They are: relationships with clients, expertise, business development, cross-group work, attendance and disciplinary records. The criteria were first posted on the blog RollOnFriday. Those with perfect attendance get 15 points. But the…