Constitutional Daily

Founding Principles

The Tenure Paradox - Robot pimp

Slap on the Wrist for "Non-Consensual Sex" - Lampshade, Esq.

Intelligence: The Gathering - Graphic and Gratuitous

Grads are the New Illegals - Robot Pimp

Meet Entitlement Eric - Robot Pimp

Wherein I Solve World Peace - Lampshade, Esq.

A Necessary Delusion - Shadow Hand

Do you even need to shave overhead? - Lawyerlite

LSAT Jenga - Publius Picasso

http://www.constitutionaldaily.com/index.php?option=com_content&view=article&id=1573:legal-reasoning-redux-5&catid=38:there-and-never-back-again&Itemid=65

Time, Place, and Manner

...Should have some links here or something.

Banner

30 Seconds for Brian Loncar

E-mail Print PDF

Law firm with "HURT" in the phone number? Even Sweet Brown got time for that!

Should You Take a Document Review Job?

E-mail Print PDF

Yesterday we gave you this picture from the ABA's website of a blonde LF10 talking to a brunette RW10, asking for possible captions. As a commenter pointed out, they are probably discussing just how the hell that folder is flying, cause neither of them seems to be holding it. Is this the sort of next level shit they showcased at the ABA Tech Show?

 

Not liking to play fair, we already had the winning caption in hand, provided by none other than the ABA itself. This picture appears on the top of all pages in the publications section of the ABA website, but one page in particular stood out:

 

Bazing!

You can read the ABA's full analysis of doc review jobs, but we've selected two gems:

Document-review work is not glamorous, but it is a common way to gain legal experience and provides valuable insight into the discovery process in many different areas of law. It is often done by solo practitioners looking for extra income or new law school graduates who have not yet secured permanent employment.

Document review is not legal experience. Not by a long shot. You might get a little bit of knowledge about privilege, but you could have just grab a free MPRE study guide and get the same information. The number of valuable insights to be had in document review is less than the number of opportunities for promotion.

The ABA also misses the mark in saying it's something you can do as a solo, or to earn "extra" income. Truth is document review is going to be all or nothing. It's rare that a company will let you work your doc review schedule around the few client meetings and court appearances you have for your struggling solo practice. There's an oversupply of lawyers willing to do this work, and doc review companies want 40+ hours a week.

Although most assignments are done with a looming discovery deadline, it is uncommon to work over forty hours a week. Best of all, document review assignments rarely involve weekend work. Some attorneys may find this schedule preferable to a demanding firm job. At minimum, document review work is a good way to get your feet wet and earn a steady paycheck.

It's uncommon to find a document review position for less that 40 hours a week; more than 40 hours is common, though overtime rates are not. And plenty of doc review jobs require working 6 days a week (as noted in a different article the ABA has on document review). Despite the hours, doc review still has a schedule that's preferable to most firm jobs because when your day is done, it's done. You're not on call 24/7. Although, firm jobs pay year-round. Doc review's schedule means constantly being in search for your next gig.

Despite their being some slight perks to the schedule, it's entirely disingenuous to say that some people "prefer" that schedule. They don't. They'd prefer the schedule of working 60-70 hours a week and being on call all the time because that's the schedule that comes with a real lawyer job where you do real legal work (see the ABA article on minority attorneys being "left to languish" on document review projects). If you neither advise nor represent clients, and doing so is nowhere in the future of your job, you're not a real attorney.

That's nowhere to be found in this introduction to document review. You might need a license to do the job, but you're not practicing law. And you're not getting your feet wet either. You're part of the legal process, but you're in a deadend bottom position, and legal secretaries get to see more of the process than you.

But, to answer the question, should you take a document review job? The answer is quite simple. How desperate are you for money? If you still hold out hope of having a professional career, and your water hasn't been shut off yet, no. Don't do document review. If you don't mind being a basement dwelling nobody for the rest of your career, or are living in conditions so squalid that guinea worms are a real threat, then yes, take it.

Captain Contest

E-mail Print PDF

Here's a picture. You know how caption contests work. Get going.

But first, a tiny bit of back story. This image is from the ABA website. We also already have in hand the winning caption, provided by the ABA itself which we'll post tomorrow, but we're going to give the rest of you shlubs a chance to play.

When you play the game of TV time slots, you watch live, or you DVR

E-mail Print PDF

Maybe your Sunday evening doesn’t revolve around TV scheduling, in which case, congratulations on your exciting and fulfilling life. If you’re like at least half of the ConDaily staff, though, it does, and last night presented a bit of a dilemma: watch the AMC premiere of Mad Men at 9ET/8CT, or watch the second episode of Game of Thrones on HBO at the same time?

If you’re like us, you decided to watch Mad Men first. Both HBO and AMC had a night of back-to-back encores planned, but Mad Men had a two-hour time slot, so going to Game of Thrones first would mean an hour break between show. Or waiting an hour and catching the second Game of Thrones and immediately going in to Mad Men, but why would you want to delay your happiness by an hour? Mad Men then immediately Game of Thrones was the clear decision. Except that Mad Men wasn’t a 2 hour premiere. It was a 2 hour and 8 minute premiere. Thanks for the heads up on that, AMC. Oh wait, you didn’t give us one. Sure, there’s the actual time listed in the digital cable guide, but this is news worthy of a smart phone app blast. I didn’t realize that the episode had gone 8 minutes over until you saw the credits and looked at the clock to see if you had time for a potty break before switching to GoT. This is what I get for having blind faith in television producers staying in their projected time slots.

Is 8 minutes really that big of a deal? You tell us. A lot can happen in that time. You can commit adultery (Don Draper), bang a prostitute (Tyrion Lannister), do 8 minute abs (maybe Namby?), and be more or less done making box mac and cheese (all the rest of us, and the ATL staff, and pretty much every under-employed legal type).

And so I missed the first 8 minutes of GoT. Sure, if we were real upset about it, we could’ve waited ‘til the next showing, or gotten on HBO Go, or On Demand, or begged someone to tell us what happened. (As an aside, I still haven’t seen it, so that tells you how eager I am, and by extension how upset I was).

But, let’s assume, for the sake of argument, that AMC had given us (and HBO) a heads up about this running over thing. What if they called up HBO and were all, “Hey, could you delay GoT a few minutes? We’re running a little long on this premiere of Mad Men.” And HBO could’ve been all like, “Yeah sure, AMC. We know that there’s a lot of overlap in our audiences (the people who care about good TV audience), and this is a small concession to make in order to let everyone watch both shows without a stupid one hour break in the middle or delaying the whole 188 minute TV marathon by an hour.”

And because this hypothetical is already ridiculous, picture it ending with the douchiest characters from each show high-fiving: Theon Greyjoy and Pete Campbell. (Spoiler alert: this joke is much funnier if you’ve seen the latest GoT.)

Jumping into the legal analysis, this agree is, on its face, anti-competitive. As in “hey, let’s not compete over this chunk of time.” Anti-competitive collusion usually happens at the expense of the consumer and to the benefit of the business. But in this instance, if the networks had “colluded,” then everyone’s happy. The fans see all of each episode, so they’re happy, which (should) make the networks happy, and would certainly make advertisers in those last 8 minutes of Mad Men happy to not have a chunk of their audience switch over to HBO.

HBO doesn’t have much incentive to cooperate, but maybe AMC agrees to pay a portion of the last block of advertising money, or HBO just puts up a message saying “Game of Thrones has been delayed a few minutes while we wait for viewers to join us from Mad Men” and gains a lot of good will. Even viewers who don’t watch Mad Men will appreciate the gesture, and HBO can just run some filler, like cast interviews they’ve already taped, or run a promo for Louis CK’s new special.

Or even better, we could take our legally dubious collusion to the next level and send the Game of Thrones staff over to Mad Men and help them find 8 minutes to cut, because good lord that episode was slow. Maybe trim a few seconds off each of the close-ups showing Don looking—yet again—constipated? How about losing the entire thing with the wedding and the lighter? Maybe the photo shoot? The goulash? So many things. In the entire 2+ hours, Mad Men packed in about 3 moments of interest. The best thing the episode had going for it was getting all the disappointment out in one evening instead of ruining next Sunday as well. But nope, that didn’t happen, and instead we didn’t just get a poorly paced episode of Mad Men and a conflict of Game of Thrones, but I also got stuck with an assignment from BL1Y to analyze whether antitrust laws would prevent two networks from coordinating their scheduling. Thanks a lot everyone. I hope you get [spoilered] just like [spoiler] does to [spoiler] during [spoiler]’s [spoiler].

Page 12 of 338

Philadelphia Lawyer, Unfiltered

The finest blend of analysis, advice, and fury on the internet. Sour mash, oak barrel aged, published at cask strength.

 


Most Recent Article:

In Defense of Risk (Happy Fourth of July)


All Articles from The Philadelphia Lawyer

Author Profile

The Robot Pimp

An in depth look at the emerging intersection of law, behavioral economics, and robots.


Most Recent Article:

The Tenure Paradox


All Articles from The Robot Pimp

Author Profile

Practice Makes Putrid

Legal practice would be all rainbows and buttercups, if it weren't for the clients, and opposing counsel, and co-counsel, and judges, and the law.


Most Recent Article:

Eat Mor Fiv Freedums


All Articles from The Namby Pamby

Author Profile

Gin and Glannon's

As Shadow Hand suffers through law school, the rest of us get a little Schadenfreude.


Most Recent Article:

I Just Work Here


All Articles From Shadow Hand

Author Profile

Irresistible Impulse

Dr. Rob Dobrenski's daring expedition into the psychology of lawyers and the law. (Not a substitute for a life well lived.)


Most Recent Article:

You're Not a Failure, You're a Narcissist


All Articles from Dr. Rob

Author Profile

Graphic and Gratuitous

Sometimes cartoons are the highest form of communication. Those times are known as "most of the time."


Most Recent Cartoons:

Intelligence: The Gathering


All Cartoons

There And Never Back Again

Defunct Big Law attorney BL1Y shares his misadventures as a writer who accidentally went to law school.

 


Most Recent Article:

JD vs MFA


All Articles from BL1Y

Author Profile

Lampshade, Esquire

We're dealing with some technical difficulties here. Hold up a minute.


All Articles From Lampshade, Esq.

Staff Infections

News, humor, and other non-billables from our underpaid, uncredited, unsexy staff.

 


News Articles

Smaller News Bits

Large Numbers of Law

Mixed Bag of Lawesome

Reviews

Scofflaw Multistate Bar Review

Lawyerlite