What About Paris? ™

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December 30, 2010

Vote for The Legal Satyricon in the ABA Blawg 100--or we'll pull the trigger.

Rags the Dog this morning in Salzburg, Austria.

You've only a few hours left. Same for Rags. So Vote Here Now.

Yeah, you know us--and we'll do it. In previous posts, we've written about Marc Randazza and his The Legal Satyricon because we admire his Brains, Moxie, Lawyerness and his flat-out king-hell expert's-refined respect for the First Amendment. We are also a little afraid of Marc--for reasons we can't go into right now, and are only marginally related to the fact that we've met with him in San Diego several times, know him personally pretty well and suspect he's at least part Italian--and do not wish to incur his ire. We strive, always, to please him. We do hedge our bets.

But Rags the Dog is way more afraid; he knows he'll go down and decorate a nice Austrian hotel room if there's not a big win today for LS in the ABA Blawg 100 category for IMHO. Voting ends close-of-business today (for us Dorks that's 6:00 ET). Holden Oliver, who cares little for canine life, has Rags right now in an undisclosed Salzburg inn in the old part of the city up against that big-ass cliff near St. Peter's cemetery. Once given an order, Holden cannot be expected to alter his course. For Rags, please vote now.

Posted by JD Hull at 01:29 PM | Comments (0)

Note to "Publius": In 2011, resolve to grow a pair and use your real name on the Internet.

This blog's policy is no-name no-publish. We've written about it a lot. Because, among other things, we need to know exactly how to address that summons or subpoena, you know?

Don't be a Mr. Chicken. Let's reserve Net anonymity for people who need and deserve it.

Posted by JD Hull at 12:08 AM | Comments (0)

December 28, 2010

New American Normal: It's about fewer jobs here.

Other players in the new global markets are catching up fast. Yanks can and should get used to it--and adapt like the resilient commercial animals we are. See "Many U.S. Companies Are Hiring....Overseas" by the AP's Pallavi Gogoi. Excerpt:

Other economists, like Columbia University's Sachs, say multinational corporations have no choice, especially now that the quality of the global work force has improved. Sachs points out that the U.S. is falling in most global rankings for higher education while others are rising.

"We are not fulfilling the educational needs of our young people," says Sachs. "In a globalized world, there are serious consequences to that."

Posted by JD Hull at 11:06 PM | Comments (1)

December 23, 2010

More Snow in the Rodin Garden

Two Saturdays ago in Paris and at Richard Nahem's I Prefer Paris.

Posted by Holden Oliver (Kitzbühel Desk) at 12:57 AM | Comments (0)

December 18, 2010

Has Everyone Except Scott Greenfield Died and Gone to Hallmark?

Many law firms are now like a small town homeowners' association whose key members just learned that the monthly meeting was changed to their bowling night. They are pissed off, torn, confused. The screams out there for quality and value have not been convenient.

"America Lawyers in 2010: "A Passion for Excellence". No one, I'm afraid, is writing a book right now with that title and subtitle. Or books with the same subtitle about Client Service, Retail-level Customer Service, American Education, U.S. Cultural and Geographic Literacy, "Bar Leadership" (let's tell the truth: Western lawyers don't lead anyone or anything anymore) or, say, consistently providing value for to-die-for clients, customers and buyers in the American workplace. Even a world-wide Recession has not made many of us re-think Value--in the marketplace and in our lives--and demand anything new, different and harder of ourselves and others. See our posts over the past two years.

During the Holiday Season, however, we give humans a pass. We accommodate shortcomings, even cookie-cutter living and barely working. But should we tolerate imperfection as much in those who should know better? Those of us with fine educations that others paid for? Those of us in the law firms and other institutions that represent large and publicly-traded clients in corporate America and Western Europe? The firms I see in my work every day? My take: we are all over the board--but very dumb-downed and diluted from 20 years ago. The Recession has not improved quality here either. We are really not leading and "up to it" yet--we still hire and keep mediocre people.

And we are in turmoil. Many law firms are now like a small town homeowners' association whose key members just learned that the monthly meeting was changed to their bowling night. They are pissed off, torn and confused. They know there is work to do--and it must be done more efficiently, more inexpensively and with a valuable return to the real boss: the Client and Customer. The Recession was the biggest wake-up call of all. But most of us have not seized the day. We continue to want to make money doing what they have always have done, working and thinking in a prison of old patterns, and surrounding ourselves with the same goofy people. The screams for quality and value out there in the legal marketplace have not been all that convenient.

Can we just start with the worthless words and phrases we use? Would that help to take quality to "the next level". Scott Greenfield, a noted Manhattan corporate trial lawyer, my friend and a man who beats fish to death with bare hands, has been an ally generally and on specific issues. Do read Simple Justice every day. Like Scott, it defies political labeling, and seems to be read by as many corporate apologists like me as it is read by the criminal defense bar. See also last week's post "What's The Buzz? Scott knows that no one listens anyway--so when you are persuading try not to sound like Mr. Rogers with a Tuck M.B.A. and a lifelong fondness for ether and nitrous oxide. There are others like Scott, who fight WeenieSpeak, Bad Working, Bad Lawyering and Bad Internet. There's this feisty fellow Tannebaum in Miami, D.C.'s Ernie from Glen Burnie, Walter Olson and...well, I'm sure there are others, too. They would all agree with Holden Oliver's remark that "a man who embraces mediocrity and schmaltz says no to life".

Posted by JD Hull at 11:59 PM | Comments (1)

December 17, 2010

The Ritz

Puttin' on the Ritz. Two years ago Texas-based Cordell Parvin took his Law Consulting Blog to the Ritz Carlton and learned a few things about customers, clients and buyers. We just love the name Cordell.

Posted by Holden Oliver (Kitzbühel Desk) at 12:00 AM | Comments (0)

December 15, 2010

Mother Jones on Richard Holbrooke

Me? On even his bad days, I thought he was a lot of fun to watch. Career diplomat Richard Holbrooke, who died suddenly on Monday, was an older school player and a powerful class act. As David Corn suggests in "Richard Holbrooke's Unfinished Business", Holbrooke's passing is going to get more than the usual few days of ink from both critics and admirers who cover Afghanistan.

Posted by JD Hull at 10:52 AM | Comments (0)

December 13, 2010

Need To Get My Attention? Un-Spam Yourself. Call Me.

Or we can meet and talk in person. But don't use E-mail or Twitter. Unless, of course, you think that they may deserve a status superior to the mere tools that they really are: two tools out of many at our disposal for communicating and getting things done. Do see our somewhat lengthy but inspring and soulful "See Me, Feel Me, Call Me: More bodies and voices, please". Excerpts:

If you e-mail me about a truly great idea, and expect to develop or work up the idea efficiently in an e-mail discourse, and get a few juices flowing, I will tell you right off the bat you have gone insane.

Get the net.

What happened to vibes, voices, faces, bodies, winks, hand gestures, touching another's hand or shoulder impulsively, stares, grins, frowns, hand-written thank you notes, human electricity, NOT-typing, non-virtual joking, yelling, swearing, ragging and flirting, totally un-PC confrontation, intimacy and the "God-in-the-room" magic that starts with two breathing humans in one 3-D place? Or at least on the phone?

Posted by JD Hull at 11:59 PM | Comments (0)

December 12, 2010

Quick Reminder: What About Clients/Paris? is No-Wuss Zone.

Rise up. Be a person. If you are a professional who is active on the Internet, set an example. Start by using your real name.

No name no publish. Absent a Club Ned pass, this blog does not print comments from anonymous or pseudonym-carrying commenters. We require commenters who are not ashamed of who they are and are willing to be accountable for what they say and write here. Anonymity is for people who need it--not angry 28-year-old male lawyers who are upset that life is harder than they had thought and they must often toil more than 7 hours a day to get it right.

Use your real name if you comment to our blog.

Say what? You will remain anonymous, or use a pseudonym, when you comment on the Internet to protect your privacy and reputation until such time as you make partner? We've heard that one before. And we have some advice for you. Either (a) don't comment on any blogs and websites while you are trying to make partner (you clearly need to work a lot harder--and you have no business cruising the Internet if you are really that serious), or (b) quit your job and get one at a better shop not dominated by watchful senior ninnies and where you are not compelled to reprise a nameless cartoon character every time you wish to speak your mind.

This is America, Justin. You can vote with your feet if your workplace stunts your growth.

Posted by JD Hull at 11:36 AM | Comments (0)

December 11, 2010

Working Abroad: Expect Hiccups.

Working and lawyering abroad isn't about being cool, wearing an ascot or pretending to be George Hamilton or a Parisian filmmaker on your weekends in Montpellier or Bruges. Even if you've worked a few times in Europe in some of the most American business-friendly cities, there are always surprises, hurdles and frustrations. The good news? The glitches and delays are always different.

Language, by the way, is not likely to be a problem if you are a Yank. No need to bone up on your French or German. In the last 20 years, non-English-speaking Europeans increasingly have favored English for doing business--including with each other--and they are not struggling much with it. Do surprise them by learning as much about their country, language and culture as you can. Immerse yourself in it. But forget about learning their language as well as they have learned yours. *

Apart from the substantive challenges of doing the Work Itself (i.e., a deal or a business-to-business arbitration), there are issues of travel logistics, brand new "collisions of culture" that are highlighted on both sides of the table in every new project or proceeding, and the daily realities of erratic sleep and devil jet lag. The experience can try you.

It can get to you, too--and spoil the fun and excitement. You need to be organized and diligent. And flexible. Three years ago our friend Janet Moore was working a lot in Ireland and Holland--both relatively user-friendly jurisdictions and cultures for American lawyers and their clients. Janet's a veteran of working abroad. Her take? As she wrote to us all, she needed to remind herself to "be patient"--and to "expect hiccups".

*Let's be frank. Many Europeans have come to the conclusion that even educated and well-traveled Americans are hopelessly insular--both geographically and linguistically--and they are doing their best to regard it as humorous and charming, sort of. In short, they have given up on us. We're getting a pass.

Posted by Holden Oliver (Kitzbühel Desk) at 02:59 AM | Comments (0)

December 10, 2010

Stickin': To the few you meet who always join your fight.

Posted by JD Hull at 11:59 PM | Comments (0)

December 09, 2010

America's Elected Judiciary: Are We Done Yet?

The popular election of state judges is beneath all Americans. But we are so heavily invested in it, and so used to it, that we are even incapable of experiencing the "oh-my-god" embarrassment it ought to cause every day those state systems continue to exist. Our national denial is still in concrete.

We've mentioned Tocqueville before. If he were alive today, we had argued, Alexis de Tocqueville might very well "like" George W. Bush--as his exemplary American, warts and all. The younger Bush as president for 8 years--or anything he did or didn't do--would not have surprised or disturbed the famously prescient Tocqueville. In fact, it would have all made perfect sense to him.

But Tocqueville would be appalled to learn that a majority of the American states still have some form of popular election of judges.

The young French author who toured America in 1831 noted that some American states already were in the process of reducing the power and independence of the state judiciary through certain "innovations", and it disturbed him. One was the state legislatures' ability to recall judges. And another:

Some other state constitutions make the members of the judiciary elective, and they are even subjected to frequent re-elections. I venture to predict that these innovations will sooner or later be attended with fatal consequences; and that it will be found out at some future period that by thus lessening the independence of the judiciary they have attacked not only the judicial power, but the democratic republic itself.

from Democracy in America, Vol. I, Part 2, Ch. 8 (Tocqueville's emphasis in some translations).

Posted by JD Hull at 11:59 PM | Comments (0)

24/7

It's not about the lawyers anymore. See Rule 9: Be There For Clients--24/7. And if you have great corporate clients, it all works out. It's the least you can do for them.

Posted by Holden Oliver (Kitzbühel Desk) at 12:01 AM | Comments (0)

December 08, 2010

Paris: Snow in the Rodin Garden.

"Snow is an uncommon occurrence in Paris and snow that sticks is practically a miracle." On Saturday morning ex-New Yorker Richard Nahem took photographs of white dancing on black bronze. See his work at today's Eye Prefer Paris.

R. Nahem

Posted by JD Hull at 11:59 PM | Comments (0)

Druids worldwide to get wild around the 21st.

For centuries, starting around the 21st of the month, Druids liked to leave the house, get wild and "put on the dog". Both warriors and mystics, Druid fighters in the woods of northern Europe came at you painted, naked, screaming, hurling weapons and curses, chanting and, well, real rowdy. Not unlike our British pal GeekLawyer after them, these folks came to play.

Even the Romans were a bit afraid of Druids--especially in what is now northern Wales. But except for celebrations of solstice and equinox four time a year, Druids are pretty quiet these days. Could a Christmas-season plant with a mythical calming influence be the reason? Well, here's a Steamboat Today (Steamboat Springs, Colorado) piece that links mistletoe to Druids.

The Druids felt the plant could protect against poisons, illness and witchcraft spells. In their time, if enemies met under mistletoe in the forest, they were required to be peaceful until the next day. This may be the origin of the custom of kissing under a ball of mistletoe as a sign of goodwill.

Isle of Anglesey: A fun Druid island in northwest Wales.

Posted by Holden Oliver (Kitzbühel Desk) at 10:59 AM | Comments (0)

The Flourishing: Caesar's Town in Toscana.

It started out as an Army Camp. Beginning around 60 BC, Julius Caesar founded the town on both sides of the Arno River as settlement for retired Roman soldiers. The mix of things that happened here after that--politics, trade, money, power, greed, literature, art and architecture--is remarkable given that Florence at heart always was, and still is, a small town nestled in the country. Only 360,000 people live in this world famous center. They are a haughty, slightly snobby (well-deserved, they've earned it) and wonderfully disassembled lot. But unlike, say, Venice, Firenze in no faded museum piece. People live in and just outside town. It's walkable for people of all ages. Humans, the humanities, art and serious global commerce now flourish here together. A major chord struck.

Posted by JD Hull at 10:59 AM | Comments (0)

December 07, 2010

Accelerated Global Arbitration Rules: A Curb on Madness.

CPR's are barely 15 months old. Global. Commerical. Agile. Mobile. Flexible. Deliberately Hostile to making attorneys the main event. Aggressive. We are all free to use them to conduct arbitrations as they were originally intended to be conducted--and "get it done". Make closure a priority--and even a success. Puts the arm on lawyer wankfests. No, you won't starve. Tell your clients about them. Get them in contract clauses. See "Global Rules For Accelerated Commercial Arbitration (effective August 20, 2009)" by the NYC-based CPR Institute. They are custom-built for higher stakes disputes arising under business-to-business contracts. Best two features: (1) The default position is a sole (one) arbitrator. (2) Arbitrators should make award ASAP and in any event within six months of formation of the tribunal.

Posted by Holden Oliver (Kitzbühel Desk) at 11:59 PM | Comments (0)

At Above The Law: "Overseeing International Litigation".

See Mark Herrmann's Inside Straight column yesterday at Above The Law. Excerpts:

This has been fascinating (to me, at least, but I realize I’m a little odd) in several ways. I never before focused on what a U.S.-centric litigation life I had been living. There’s a brave new world out there, and I’d never given it a moment’s thought.

My standard litany hardly turns me into an expert in, say, Sudanese civil procedure, but my few questions are enough to elicit the general lay of the land. It’s also surprising to see that, so long as the judiciary is honest, it’s possible to participate in basically any type of judicial proceeding and be generally comfortable with the process.

[S]uppose opposing counsel in Sudan threatens my client (or my local counsel) with criminal proceedings to try to coerce settlement of a civil case. If that’s the way people litigate in Sudan, can I tell my local counsel to retaliate by threatening to initiate criminal proceedings of our own? Or am I constrained by American rules of propriety even when I’m playing in a Sudanese sandbox?

Posted by JD Hull at 11:40 PM | Comments (0)

December 06, 2010

New, Appalling: Google-Based Naked Bongo Lawyering For Teacups.

WAC/P? needs to get out more--and bone up on threats to Customers, Clients and Buyers. This development involves marketers, lawyers and the Happysphere. See these posts by Brian Tannebaum at My Law License, this one by Josh Dickinson at Above the Law and finally this one by Scott Greenfield at Simple Justice. Our advice? If you're a social media marketer, don't do anything to mangle or compromise the clients lawyers are already struggling to serve, and often poorly to boot. Try not to make it worse. If you're a lawyer--and especially a new one--work at the Wal-Mart or with street people or retarded children for a while until you earn an opportunity to learn the right way from the right people.

Posted by JD Hull at 12:00 AM | Comments (0)

December 05, 2010

Generation Weenie: America's still offended by Everything and Everyone.

They've stopped growing--and they are very happy with that, thank you very much. These people have children. It's worrisome.

What if being "just a copy" were outlawed? For the second time this week, I just left Los Angeles, where it's tough to offend anyone about anything. Like NYC, LA is not for everyone. Generally, no one cares what you think in either city. It's wonderful. You can diss, deride and belittle Los Angeles itself in downtown LA, or the middle of Santa Monica or Brentwood; people just laugh. In Manhattan, it's required.

Folks in those two American cities know who they are. My take: both LA and NYC these days make even Chicago seem like an effeminate Alan Alda-land. PC and unoriginal thought are frowned upon in America's two most important cities. In New York, they "manned up"--and started thinking their own thoughts--nearly four centuries ago. In LA, it's been about 120 years. LA and NYC tend to look down on Weenies.

If you live somewhere else--as I must for now when not traveling--you can still try not to be a Weenie. It's good for you. Give it a shot, Justin.

Frankly, I've been running into a lot of Weenies these days--from cultural limousine liberals who keep surrounding themselves with no one but like-minded people, to "Christian" and "educated" white collars too afraid or too lazy to think anymore on their own, to "professionals" who always reserve the right to do third-rate work. They have this in common: they are highly emotional about, and protective of, their low aspirations and narrow views of the world.

If you are not sure if you are a Weenie, do see Generation Weenie, for humans who tend to be insulted, outraged, offended, or traumatized. According to the definition section, you may be one if you: (1) utilize the words offended, outraged, insulted, or traumatized whenever possible, (2) believe nothing is your fault, and you are a victim of circumstance, (3) wear a dorky little ribbon in a half figure eight pattern to signify your solidarity, and (4) sue everybody because you have been wronged.

Posted by JD Hull at 12:10 AM | Comments (0)

December 03, 2010

Trials: McElhaney on Not Digging Holes.

Argue to the judge—not with the judge.

In this month's ABA Journal, Jim McElhaney gives us "Keeping Out of a Hole: It’s a Lot Easier to Avoid Problems Than to Fix Them". Bonus: the article concludes with a short primer on Six Ways to Make a Losing Argument. McElhaney, a legendary teacher and writer on trial tactics, is a professor at Case Western's law school.

Posted by JD Hull at 11:59 PM | Comments (0)

December 02, 2010

American Exceptionalism: How U.S. Civil Litigation Is Viewed Abroad.

Another problem: the perception abroad of the extraordinary "localism"--generally county-based--of judges and juries in the state systems. Non-U.S. clients are also wary of jurisdictions that still elect state judges.

If you have Europe-based clients, you already know that in-house lawyers across the Atlantic do not like to have their company's commercial disputes heard and decided by American courts (even by our most efficient and respected U.S. district courts). Their reasons, however, turn on more than the obvious and commonly-given ones: lengthy and expensive proceedings, juries hearing civil disputes, and the fear of large damages awards, including punitive damages. Another reason is the perception abroad of the extraordinary "localism" (generally county-based) of judges and juries in the state systems. Still another is the effect that contingency fee arrangements can have on the litigation process. There are more reasons--and every one of them can be troubling to both non-U.S. and American in-house lawyers.

At the podcast series of the International Institute for Conflict Prevention & Resolution (CPR), do not miss the interview by Mike McIlwrath, an in-house lawyer with General Electric in Europe, of Geoffrey C. Hazard, Jr., now at Hastings College of Law in San Francisco, in "American Exceptionalism: U.S. Civil Justice v. the Rest of the World". The July 17, 2009 interview is No. 75 in CPR's International Dispute Negotiation series. Hearing the Hazard interview is a "non-billable must" for any American business lawyer (in-house or outside firm) acting for clients in more than one jurisdiction, within or outside of the U.S. Hazard is a well-known American law professor and author in the areas of civil procedure and federal jurisdiction. He has also taught law at Boalt, Chicago, Yale, and Penn. McIlwrath is Senior Counsel, Litigation for GE Infrastructure-Oil & Gas, and works out of Florence, Italy.

Geoffrey Hazard

Posted by JD Hull at 11:59 PM | Comments (0)