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OBABL Links & Resources
2009 February
Feb
27
A Staff Attorney Model That Could Work
Filed Under The Profession • 5 Comments
We’ve received an enormous response to Young v. Covington. The issue that has drawn the most fire is that of the role of staff attorneys. Opinions seem to differ depending on one’s professional experience. Those who have worked for BigLaw seem to accept the way firms are structured without considering whether it’s sensible, fair or beneficial to clients. Those who’ve worked only in government or corporate American seem dumbfounded by the notion of a firm employing a large group of attorneys with no intent to train or promote them. Yesterday, The American Lawyer published, “The Staff Lawyer Conundrum: New Suit by Former Covington Lawyer Shows Complications of Associate Tiers,” which offered this take:
The firm, [Covington’s GC, Jeffrey Huvelle] wrote, uses staff attorneys mostly for online document review, and makes no promises to promote them to associate and partner positions. They’re hired on an office-by-office basis distinct from the partner-track associate hiring process.
That sounded to us to be the deal most firms have with their staff lawyers. But Young’s complaint, which includes information on her salary and bonuses at Covington, suggests that not all staff attorneys have the same view of their role as the firms that employ them. As litigation departments face more pressure from clients to cut costs, we’re expecting staff (and contract) attorney ranks to swell. So at the very least, Young’s suit is a cautionary tale.
One of the reasons law firms are dying having to layoff so many attorneys is that they are very staid, “set in our ways” institutions. Firms are generally structured as follows:
Equity Partner
Non-Equity Partner
Associate – Counsel – Special Counsel
Staff Attorney
Litigation Specialist – Litigation Analyst – Legal Assistant
Paralegal
Secretary
As the AmLaw reporter suggests, many firms are resistant to promoting staff attorneys. The question then is why call them attorneys at all? Many litigation specialist and even some paralegals are lawyers; however, they understand that the firm is not holding them out as attorneys. To the contrary, firms do hold out staff attorneys as “attorneys” to their clients. Firms also sometimes promote staff attorneys to associate positions (though it is often done in an unorganized fashion).
Here’s a proposal. Why not design a program that annually promotes one or more staff attorneys to the rank of senior staff attorney. Then provide those promoted with training and legal research and writing assignments that could then be evaluated to determine if the senior staff attorney was ready to be elevated to a first year associate position. Such a program would lift morale and encourage better work product.
Thoughts?
Feb
24
Yolanda Young v. Covington & Burling LLP
Filed Under Stand Up! • 65 Comments
Make no mistake about it, people. THIS. IS. A. GREAT. COUNTRY!
For $120 you can pick up a stone and try to slay Goliath have your day in court.
Read Yolanda Young v. Covington here, but be patient; it’s long–37 pages for the actual complaint and 63 pages of corroborating emails, evaluations, etc.
Here’s an excerpt:
Plaintiff was hired by Covington in February 2005. In January 2006, Plaintiff was awarded a top bonus of $9,000. During her annual review she was told that her work was excellent, that associates and partners enjoyed working with her, and that her diligence and efficiency made her extremely valuable. In March 2006, after being subjected to months of discriminatory and harassing treatment, plaintiff complained about, among other things, being referred to as a dog and later a monkey; being subjected to white staff attorneys’ constant use of racial slurs; having her white colleagues conceal case information from their black case team members; and being systematically discriminated against as a member of the staff attorney group. Immediately thereafter, Covington management set out on a campaign to discredit Plaintiff. At a staff meeting, a partner said that Plaintiff had overreacted in reporting the use of racial slurs. As punishment, Plaintiff was reassigned to an office with no minorities. Covington management further retaliated against Plaintiff by subjecting her to increased, unwarranted scrutiny, falsely accusing her of overbilling and commanding her to work off the clock. In February 2007, Plaintiff was given a low bonus of $5,000. Plaintiff was told that she was being targeted for firing. In fact, Plaintiff was terminated on August 14, 2007. When Plaintiff learned that Covington rehired laid off staff attorneys with less seniority and lower billable hours than Plaintiff, she reapplied for her staff attorney position. Covington did not rehire Plaintiff. Subsequently, Plaintiff was contacted by a placement agency hired by Covington to recruit additional staff attorneys. Covington still refuses to rehire Plaintiff.
Feb
20
Yolanda Young To Speak at Stanford Law and Mid-Atlantic BLSA Convention
Filed Under Social Engineer • Leave a Comment
Yolanda Young will be speaking at the Mid-Atlantic Black Law Students Association’s convention in Philadelphia on Saturday, February, 21, 2009, at 9:30 a.m.
Her Topic:
How To Avoid Being A Failed Lawyer; We Shouldn’t All End Up Suing Our Law Firms!
Yolanda Young will also be a featured speaker at Building a Better Legal Profession Naitonal Conference For Student Leaders on April 3-5, 2009 at Stanford Law School.
The objective of this conference is to build a national law student movement for workplace reforms in large law firms, including increased diversity in promotion and retention, increased pro bono commitment, and better work/life balance. This conference will bring together the leaders of the organization from all over the country as well as activists, journalists, educators, and practitioners who are sympathetic to the agenda to discuss how to define organizational goals and priorities for the coming year. The schedule of events will include panels, workshops, networking opportunities, a book release event, and much more. The conference will also serve as an opportunity to provide updates regarding ongoing projects and to share our most recent initiative — an investigation of the impact of layoffs and firm cutbacks on law students.
Feb
19
Best Of OBABL & Reader Comments
Filed Under The Profession • Leave a Comment
A reader commented:
As a relatively new reader of ATL (obliged to keep a finger on the pulse of our industry), I already thought you must be an extraordinary person to endure and ignore the juvenilia that so often purports to be commentary on the ATL site. You’ve solidified my positive impression with your thoughtful answers here.
A reader commented:
You know, I have to tell you, I really enjoy this blog and the insight from everyone who participates. I find it to be refreshing and very informative. I wish there were more blogs like it. Anyway, I felt it was about time I posted.
How Do I Recover From Failing My Bar Exam?
A reader commented:
I failed the NY bar and passed it on the second go round. I had a job (found out I flunked as a first year at a large law firm here in NY) and was even given a paid month off to study when I took it the second time. In some ways, this was even worse.
I ended up lateralling out of the firm because I feel like my failing the bar was “reason” for a lot of the people I worked with to assume I was stupid and treat me accordingly. Plus, it totally re-enforced point 1 (see infra).
When You’re “The Raisin In The Milk”
Truthtold commented:
I have two kids. One daughter who is in private school and a son to young for school.
The topic of public versus private school is one that grips the black intelligentsia in virtually every city where we exist in numbers(read: Atlanta, DC, NYC, Chicago.)
The issue is balancing diversity — making sure that there is a critical mass of middle class Black students versus quality of education.
Should Eric Holder Stand Up For Blacks At Covington?
One reader commented:
Every lawyer at a firm, particularly if you are African American, needs to have the mindset everyday, how can I knock it out the box? Is that a fair inquiry. Nope. But it’s a real one. If a partner won’t add talented associates/staff to his matters, his loss. Because someone probably will.
An opposing view:
I’m absolutely astounded by the responses to this post. As lawyers we are obligated to speak out and stand up for what’s right. Granted, many of us don’t because we’re too busy chasing the all-mighty dollar. But the reality is that we all have a responsibility to do what we are empowered to do in the face of injustice.
Feb
19
Practice, Marry Well, or Wrestle…Lawyers Have So Many Options
Filed Under Something Else • 1 Comment
You’ve probably heard that American Idol and Academy Award Winner, Jennifer Hudson is engaged to David Otunga whose was nicknamed “Punk” by his first famous paramour, I Love New York. How did a Harvard Law grad end up on hoodrat TV? Simple. Otunga wanted to be famous. So now, rather than parlay his fiance’s fame into client magnet for his old firm Sidley Austin (you know, the place where Barack met Michelle), Otunga is flexing his muscles for World Wrestling Entertainment.
From the ChicagoTribune:
”I loved being on TV,” he says. “I knew I didn’t have a whole foot in the door — maybe a toe — but I ran into someone who got me an audition for the WWE.”
He’s not officially part of the WWE yet, so challenging John Cena will have to wait. But Otunga is honing the fine points of his character, an exaggeration of his own persona: Dawson Alexander, Esq. “I wanted something very official and lawyer-sounding,” he explains. “The initials are D.A. … Pretty clever.”
His finishing move? The Closing Argument. “I’m still working on it,” Otunga says. “It’s a power move, I’ll say that.”
Feb
18
The nation’s first black AG, in a speech delivered during the Department of Justice’s Black History Month Program, said that when it comes to “things racial” America is a “nation of cowards.” (We know what you guys are thinking, but it would just be too easy to go there).
After tapping “the man” lightly with the stick, he offers up a big, bright carrot.
There can, for instance, be very legitimate debate about the question of affirmative action. This debate can, and should, be nuanced, principled and spirited. But the conversation that we now engage in as a nation on this and other racial subjects is too often simplistic and left to those on the extremes who are not hesitant to use these issues to advance nothing more than their own, narrow self interest. Our history has demonstrated that the vast majority of Americans are uncomfortable with, and would like to not have to deal with, racial matters and that is why those, black or white, elected or self-appointed, who promise relief in easy, quick solutions, no matter how divisive, are embraced. We are then free to retreat to our race protected cocoons where much is comfortable and where progress is not really made. If we allow this attitude to persist in the face of the most significant demographic changes that this nation has ever confronted- and remember, there will be no majority race in America in about fifty years- the coming diversity that could be such a powerful, positive force will, instead, become a reason for stagnation and polarization. We cannot allow this to happen and one way to prevent such an unwelcome outcome is to engage one another more routinely- and to do so now.
Read the full transcript here.
Feb
18
Oh, Oh, Oh…Perr-Jury!
Filed Under Congressional Black Caucus • Leave a Comment
The Honorable Roland Burris is in the hot seat once again. This time for disclosing all after the fact that he a) was asked to fundraise for then Governor Rod R. Blagojevich and b) actually attempted to do so. Fortunately for Mr. Burris, he didn’t know too many black people with money. The cries are growing louder for a perjury hearing and his resignation. But hey, worse case scenero, Mr. Burris still gets to put United States Senator on his tombstone.
From USA Today:
U.S. Sen. Roland Burris’ admission that he tried to raise campaign funds for ousted Illinois governor Rod Blagojevich is prompting calls for his resignation and a perjury investigation.Burris told reporters in Peoria late Monday that he “talked to some people” last year about holding a fundraiser for the now-disgraced former Democratic governor. At the time, Burris was seeking the appointment to the U.S. Senate seat vacated by President Obama.
Feb
18
The National Law Journal has an interesting Q & A with management-side attorney, Charles S. Caulkins of Fisher & Phillips. He has 30 years of experience representing employers and says things are “downright ugly” for his clients right now.
His doom-and-gloom philosophy rests on several factors: the economy; a new, pro-union/employee-friendly president; and several legislative proposals, including the Employee Free Choice Act (EFCA), which will change the way unions are organized.
But wait, there’s even more…
There’s the new Lilly Ledbetter Fair Pay Act, signed by President Obama last month, which allows employees to challenge any discriminatory paycheck they receive. Another headache for employers, he quipped.
Then, there’s the changing of the guard at the National Labor Relations Board, which, Caulkins said, is being filled with more Democratic appointees, eager to enforce pro-union and pro-employee rules and regulations.
If you’re thinking about running a solo shop, employment law might be of interest.
It’s going to be tough. It’s going to be a good day for labor and employment lawyers. … We expect it to increase the amount of our business and our competitors’ business. … In 30 years, we’ve been up and down some, but our firm is busy. We have expanded our [Occupational Safety and Health Administration] practice. We expect to see an increase in OSHA activity by the administration. … And the EEOC, we expect to see much more litigation from their legal department.
Feb
18
Eulonda Skyles was no slouch when Yahoo hired her to be the first black member of their legal department back in 2002, but after she returned from maternity leave in 2005 the company had concerns about her work.
From TheRecorder:
One of its own lawyers — a black woman named Eulonda Skyles — claims her bosses discriminated against her after she came back from a 2005 maternity leave. Skyles alleges she was passed over for promotions and relegated to employee slip-and-fall-type cases instead of the big-ticket litigation she had worked on before having a kid, until she left (says Yahoo) or was fired (says Skyles) in 2007.
The fight, now unfolding before the Equal Employment Opportunity Commission, offers a rare look at the tensions that can arise in a legal department around race and gender and the way that a department responds. It’s unusual because in-house departments are thought to be much more diverse and women-friendly than law firms. And though an internal investigation found the charges “meritless,” Yahoo subsequently made changes to its legal department that appear to address some of the issues raised by Skyles.
It seems Skyles isn’t the only one to have concerns about the way Yahoo treats its employees.
Skyles’ EEOC complaint — which alleges that she was both mommy-tracked and treated worse than white mothers returning from maternity leave — is the third by a Yahoo in-house lawyer over the past 10 years. The others were dismissed for lacking probable cause, according to the company.
According to Skyles, this one has more meet as Yahoo has already offered a small amount of cash to settle. Her claims are thus.
Hired by Davis in 2002 from Fenwick & West, Skyles was the first black lawyer in Yahoo’s legal department. Things turned sour after she came back from maternity leave in 2005. “Davis made inappropriate comments about my family life, my commitment to the job with young children, and my overall competence as a lawyer,” she later wrote in a memo to Yahoo execs. Skyles said she was overly scrutinized and not given the same leeway to telecommute as white mothers in the department.
Yahoo’s internal investigation found that…
“no one took adverse action against Ms. Skyles based on her race, or status as a mother,” according to Yahoo’s letter to the EEOC. Instead, the company said the problem was Skyles’ performance, writing that “over several years she was considered one of the least-satisfactory performers compared to her peers.”
But the EEOC has unearthed a different story…
Former Yahoo lawyers, speaking on condition of anonymity, countered that assessment. They said Skyles was a good lawyer who performed well in Yahoo’s legal department. But they also said they did not perceive widespread discrimination at Yahoo.
Feb
11
Ex-Leflore County (Mississippi) Judge Solomon Osborne will be publicly reprimanded for using racially inflammatory comments. While not the N-word rampage Judge Cofield went on, the Mississippi Supreme Court still felt for his real talk observations Judge Osborne deserved a slap on the hand. Of course, he’d already felt forced to resign. From Nat’lLawJournal:
The case stems from Osborne’s remarks at a Sept. 13, 2006, meeting of the Greenwood Voters League — which the court describes as a “predominantly African-American political organization.”
A local newspaper quoted Osborne — who is black — as telling the group, “White folks don’t praise you unless you’re a damn fool. Unless they think they can use you. If you have your own mind and know what you’re doing, they don’t want you around.”
The Mississippi Commission on Judicial Performance received 48 complaints about Osborne’s comments, and filed a complaint against him alleging that he engaged in conduct that brought the judicial office into disrepute, among other things. Osborne answered the complaint by initially denying he made the comments printed in the newspaper, and said the charge violated his First and 14th Amendment rights.
Following a formal hearing on the issue, the commission recommended that Osborne be removed from office and restrained from seeking judicial office again. The Mississippi Supreme Court rejected the commission’s argument that Osborne violated the state law that prohibits judges from promoting the political agenda of a political organization. It also rejected Osborne’s argument that his comments constituted protected speech. Instead, the Mississippi Supreme Court agreed with the commission that Osborne violated state laws that prohibit judges from publicly announcing bias based on race and demeaning the prestige of office.
