One might think that with the declining profits of law firms, lawyers who are still employed would actually be dedicating more time to cases that are actually earning the firm money. According to some statistics quoted in this American Lawyer article, lawyers at some of the largest and even many small or mid-sized firms have greatly increased the amount of their pro bono hours over the years, particularly in times when firms are actually losing money. Quoting statistics that the journal has tracked over the years, the article states, “(B)y 2008, the average pro bono contribution by Am Law 100 lawyers had risen 87 percent, to 71.8. Lawyers at Second Hundred firms increased their average contributions from 29 hours in 1998 to 33.2 in 2008.” The article goes on to say that “(A)fter enjoying double-digit or near–double-digit growth through 2007, in 2008 Am Law 100 firms recorded their worst financial performance since the first Bush presidency. Second Hundred firms suffered as well. Yet the commitment to pro bono has increased substantially in the past five years.”
Why do you see this uptick? A lot of explanations are provided but law firms are seeing a new generation of lawyers, growing out of 9/11 and Hurricane Katrina, that are interested in doing public interest oriented work than in years past.
July 2nd, 2009
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In two separate editorials this week, both the Washington Post and the New York Times published critiques of what the most recent house financing bill does (or continues to not do) for legal services.
In a New York Times editorial, the author comments on Obama’s budget as well as the DOJ’s financing bill which recently won approval in the house. Although the author applauds the Obama’s administration’s effort to roll back some of the cuts to legal services the Republicans put in place in 1994, they also warn that the house bill is not going far enough for legal services. The bill does not roll back two rules that inhibit the delivery of legal services. One rule that will continue to be in effect “prevents legal services clients from participating in class action lawsuits that can be an efficient way to obtain broad relief for problems affecting a large number of people.” The other rule “extends all the restrictions on federal money to the substantial money that legal services providers receive from other sources, like private foundations and state and local government.”
The Washington post editorial goes further, calling the restrictions illegitimate, “While some limitations on the use of tax dollars may be warranted, there is no legitimate reason for federal restrictions on how local legal aid groups use privately raised funds or money they receive from state or local governments. The Obama administration, which supports the lifting of these restrictions, estimates that roughly $490 million in private and non-federal funds that find their way to local legal aid providers are “tied up” and subject to these federal limitations.”
The bill has not yet become law as the Senate still has to vote on it.
June 26th, 2009
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Many non-profit and legal advocacy organizations jumped at the opportunity to offer up volunteer positions to recently deferred associates, provided the firms that the associates were deferred from are covering most (or all) of the costs. Many questions still linger but one thing that has been left unanswered is, what about working for judges?
In Massachusetts at least, the picture is getting a bit clearer. In short, the answer is yes, deferred associates can work for judges, provided they follow the strict guidelines provided by the Massachusetts Committee of Judicial Ethics. The rules range from forbidding discussion or any mention of the firm that deferred you in the courtroom to regulating the information the firm itself disseminates about its deferred associates and what clerkships they obtained.
Although the rules (more outlined in the article) seem strict, it is clear that the clerkships open up another door to those that have been deferred.
To read the full article, click here.
June 18th, 2009
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John Berry, the Director of the Office of Personnel Management for the federal government, called for the federal government to stand for gay rights. In some of the more pointed words regarding the matter heard in years, Berry urged public officials to take the lead in pushing for equal rights for gay partners. “With the help of a president who supports our cause, the aid of courageous fellow countrymen and women who love liberty, and with God’s grace, we shall prevail.”
The Obama Administration seems poised to advance the causes of gay couples who are looking for the same access to healthcare and benefits that is afforded to heterosexual married couples.
“Where do you stand? Honoring love as precious and true wherever you find it, or with those who would demean or deny it? I urge you: Stand where you can be proud. Stand with service and truth. Stand with love. Stand for liberty and justice for all.”
June 18th, 2009
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Reuters recently reported that more and more college graduates are choosing Washington over Wall Street for their first jobs. While many students - approximately 80% - have reported having no jobs after graduation, they now feel the strong pull of public service and quite frankly, see that Washington D.C. is one of the few places currently hiring. It is hard to pinpoint any one reason for the influx of college graduates to D.C., it is clear that the combination of the economic downturn, the appeal of president Barack Obama, and the growing desire to commit to public service all have contributed to this shift.
June 14th, 2009
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The New York Times jumped into the fray of documenting the decline of the modern day law firm. In this article, the Times provides a close analysis of the prestigious firm, White & Case, based out of New York and with offices across the globe. The firm recently announced they laid off 200 attorneys of its over 2100 lawyers, a drastic step the firm was forced to take based off the economic downturn.
The Times attempts to use the situation of White & Case as a microcosm for the overall problems that are currently plaguing top law firms. While different law firms have felt different repercussions, it is undeniable that many top firms have felt the great strain of the economy. White & Case highlights the fall from the grace that many of the top firms have been going through.
June 14th, 2009
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A recent Boston Globe article highlights a battle over deportation and the rights of immigrants. The article highlights the case of Sunday Agbata, a Nigerian born immigrant who came to the United States as a stowaway on ship from West Africa. Agbata was ordered deported in July 2008 to Nigeria but has been sitting in jail without any explanation since he was caught. No explanation as to why he has not yet been deported has been given.
In a Supreme Court ruling in 2001, the court ruled that six months is a reasonable amount of time to allow to deport immigrants after a final decision in their case. After that, the federal government must justify the continued detention.
Andrea Saenz, a 2008 HLS graduate, is Agbata’s lawyer in the case. Saenz is currently the Equal Justice Works Fellow in the Detention Program for the Political Asylum/Immigration Representation Project (PAIR), a Boston based legal services organization.
June 10th, 2009
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The San Francisco Chronicle reported the unfortunate and devastating passing of Luke Cole, an 1989 graduate of HLS whose commitment to environmental justice and dedication to public interest work defined his career and life.
Mr. Cole was an environmental lawyer in San Francisco were he founded and was the current Executive Director for The Center for Race, Poverty and the Environment, a non-profit legal organization aimed at working towards environmental justice.
He was driving with his wife on a rural road in Western Uganda when his car was struck by a truck that veered into Mr. Cole’s path, hitting his side of the car. His wife, who survived the accident, was sent to Amsterdam where she underwent an eye operation.
Luke Cole is survived by his father, Herbert Cole, and mother, Alexandra Cole, two brothers, Peter and Thomas Cole, a sister, Sarah Cole, and a son, Zane Shelby.
June 10th, 2009
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Time magazine recently added to the discussion over the sweeping deferred associates situation. Now that many graduates are left in limbo and unsure if they are starting at their firm now, a year from now or perhaps never, more non-profit organizations, academic institutions and other entities are reacting to the situation
“Boston College, for instance, will let its graduates audit classes next fall for free. UCLA Law School has announced a Masters of Law program designed specifically for deferred associates. A number of firms have also begun matching their recruits to pro bono opportunities. That’s the option University of Pennsylvania Law School graduate Susan Wilker took when her job at Boston law firm Ropes and Gray deferred until at least January. Wilker will have her health benefits paid and receive $60,000 for working at Massachusetts Appleseed Center for Law and Justice, a nonprofit that focuses on education discipline and juvenile justice.”
Non-profit appear now to have the option to meet the widening gulf of legal services provided to low-income individuals. “For sure, the start-date delays have been a boon for public interest organizations around the country. Research shows that some 80% of legal needs go unmet among low-income Americans, and organizations that serve such clientele, such as the Legal Aid Society, now have their pick of top law school graduates — most of whom will arrive with a paid salary and health benefits attached.”
May 27th, 2009
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President Obama recently started to undertake the arduous task of nominating attorneys to the U.S. Attorney positions. Mr. Obama has moved forward with 6 nominations. He has 93 to go.
Do not expect a smooth nominating process: With recent U.S. Attorney firings during the Bush Administration and calls to appoint a neutral commission to evaluate nominations to provide a fair and neutral perspective on the nominees, Mr. Obama will face some challenges, particularly from Republican representatives who may view his appointments as political rather than based on their record on enforcing the law.
To read the full article on some of the potential obstacles Mr. Obama may face, click here.
May 20th, 2009
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