Author Archives: Administrator

Happy Holidays (and some news about the blog)

As we noted in Friday’s issue of Hildebrandt Headlines, today marks the beginning of our holiday hiatus.  The blog will return Wednesday, January 2nd.  In the meantime, we wish all of you happy holidays and a happy New Year.  We hope you find time away from work in the coming weeks to celebrate with family and friends.

We would also like to take this opportunity to tell you about some exciting changes to the blog beginning in 2013.  Thanks to your loyal readership, the Hildebrandt Blog has surpassed our expectations this year.  As a result of this success, the blog is gaining additional resources.  Beginning in January, the Hildebrandt Institute blog will be moving into Thomson Reuter’s Professional Development division.  Over the years, the Hildebrandt Institute has worked closely with the Professional Development team on events and publications, and they are well-positioned to usher the blog into a new phase.

However, it is with some sadness that the current team – Emily Fisher, Marianne Purzycki, and Tricia Pelton – say goodbye to the Hildebrandt Blog.  This has been a terrific experience for the three of us, one that we will certainly carry into our future endeavors.  We would like to thank you, our readers, and Thomson Reuters for the opportunities we’ve had here.

Many thanks,

The Hildebrandt Blog Staff

Who Wants to Be a Lawyer?

The LSAC is reporting that based on preliminary numbers, law school applications for classes beginning in the fall of 2013 are down an eye-popping 24.6% over last year.  The number of applicants is down 22.4%.  Last year’s numbers were themselves rather stark.  LSAC reported that 68,000 people applied to law school last year, down 13.7% from last year (which saw a 10% decline from the year before).  It appears that the chorus of “Is law school worth it?” heard from both the legal and mainstream media in recent years has caused many potential law students to change their plans.

Despite the drop-off in applicants, law schools are admitting about the same number of students they have for the last decade.  In 2004 a record-high 100,600 individuals applied to law school, but just 56% (or 55,900) were admitted.  Compare that to 2011, when 71% of the 78,500 applicants were accepted to law school.  Class sizes, already down 7.7% last year, are set to shrink again this year.  However, it is unlikely that they will shrink as much as the applicant pool, particularly given the fact that the number of ABA-approved schools has actually increased since 2004.  Thus, three-quarters of current applicants (or more) may obtain admission to the law school class of 2016.

Some might argue that while law school admissions are less competitive overall, top-ranked schools can still be highly selective.  That is true, but it may be changing.  Jerry Organ of the Legal Whiteboard wrote in August that 111 law schools saw declines in their LSAT/GPA profiles between its 2010 and 2011 classes.  With applications once again down precipitously, it is likely that schools will again see declines in these credentials this year.

I see a silver lining, however.  While LSAT scores and undergraduate GPAs correlate with success in law school, the link to becoming a successful lawyer is more tenuous.  One characteristic that is essential to a legal career, however, is harder to measure on an application – the desire to practice law.

If there is an upside for the legal industry in these dismal numbers, it is that a legal career is no longer viewed as simply a safe, and lucrative, career path.  No really – bear with me.  As in other industries, some lawyers will find job security and financial success while others struggle.  Thanks to rabble-rousers like Paul Campos and projects like Law School Transparency, the risks of a legal career are more knowable to prospective lawyers than ever.  As a result, potential lawyers are better equipped than ever to weigh those risks against the strength of the legal aspirations.

Posted by Emily Fisher

Monday Clicks: Parenting Lessons

It comes as no surprise that large firms are going global (see Tricia Pelton’s terrific post last week), but is that always a good thing?  That depends on your model, as well as the relative openness of the country in question.  In other news, mortgage securities litigation isn’t going away anytime soon, but law reviews might be.  Also: do lawyers make good parents?

  • The American Lawyer reports on the latest law firm brand survey from Acritas.  The survey, which asked 1,000 in-house counsel from companies grossing at least $1 billion in revenue to name the first five law firms that came to mind.  For the fifth year in a row, Baker & McKenzie nabbed the top score.
  • The coming year is likely to see more mergers, particularly of the cross-border variety, according to the Wall Street Journal (sub. required).  The biggest driver appears to be the need for a more global footprint.
  • Toby Brown at 3 Geeks throws a little cold water on that strategy however, arguing that under the Swiss Verein model, “cross-selling doesn’t work.”  Brown discusses how the Verein model poses a challenge for the trust-based referral relationships.
  • For law firms that are on the hunt for that global footprint, however, Qatar just became a bit more friendly.  A story this week in Australasian Legal Business reports that the country’s emir has finally granted “a long-awaited green light” to regulatory to simplify the process of doing business there.
  • Local practices in Vietnam, however, are being decidedly unfriendly to international firms practicing there.  Legal Week informs us that 18 local Vietnamese law firms have asked the Ministry of Justice to tighten restrictions on foreign market entrants.  The market originally opened to international firms in 2007.
  • In the U.K., a new network of personal injury law firms will launch in January, according to The Lawyer.  First Personal Injury, launched in 2008 by Jeffries Solicitors, has created a network of 12 personal injury firms, each of which will pay £10,000 a month to be included in the network.
  • Back in the U.S., the New York Times reports that large banks are being hit with a new wave of mortgage securities law suits.  Apparently dozens of new claims have been filed, and industry insiders worry that costs could reach $300 billion.
  • If you want to learn about the latest developments in mortgage securities litigation, David Lat of Above the Law would not recommend perusing the latest law reviews.  In a post today, Lat argues that law reviews are issuing their dying gasps.

And finally, do lawyers make good parents?  It probably depends on the lawyer.  Andy Mergendahl, writing for Lawyerist, believes the logical abilities of the “lawyer brain” can help parents deal with those oft referenced lamp-breaking incidents.  But don’t count on your lawyering skills to soothe a fussy baby on a plane – no one knows the answer to that one.

Posted by Emily Fisher with contributions from Marianne Purzycki

It Was the Best of Times, It Was the Worst of Times

The fiscal cliff may mean short term gains for law firms, though any outcome that hurts corporations will undoubtedly mean pain for the legal industry as well.  As a result, law firms await the outcome of negotiations between President Obama and Congressional Republicans with baited breath, alongside their corporate clients.

This week, the Blog of the Legal Times covered the 2012 National Law Journal Regulatory Summit, where law firm leaders spoke frankly about how they are being affected by the uncertainty created by the looming fiscal cliff.  As is often the case with the legal industry, the present uncertainty about the future of the tax code and other major regulatory areas has led to more work for firms:

[Bobby] Burchfield [co-head of McDermott Will & Emery’s Washington office] said that tax lawyers are being kept busy as they present different fiscal cliff tax scenarios to clients. He said the high activity in healthcare, regulatory, investigatory and advisory law would likely continue into the coming year.

Burchfield is also projecting that the Obama administration will lean more heavily on regulation in its second term in order to avoid getting bogged down in Congressional politics.  An increase in rulemaking would result in more work for regulatory lawyers as well as litigators, as legal disputes over regulations would also likely increase.

However, many firms are cautious about 2013, particularly with regards to a potential leap off the fiscal cliff, should Washington law makers fail to reach a deal by year’s end.  Although the legal industry is often countercyclical, the last five years have proven once again that the financial fates of law firms are closely tied to those of their clients.  Thus, uncertainty about the corporate climate in 2013 means firms are likely to see more falling demand, coupled with pricing pressure.

One concern many large law firms may have regarding the fiscal cliff, particularly in the Washington region, is the effect it would have on the defense and aerospace industries.  Unless a deal is reached, severe cuts to defense spending could result in as many 500,000 job losses in the sector, according to economist Stephen Fuller of George Mason University.  For law firms that represent the many defense and aerospace contractors that regularly compete for lucrative government contracts, the prospect is likely worrying.

However, there is some promising news on the horizon.  President Obama and House Speaker John Boehner apparently re-opened negotiations yesterday, indicating that a deal is still possible.  And this morning, the U.S. announced better than expected jobs numbers for November; 146,000 new jobs were added, resulting in a jobless rate of 7.7%, the lowest since 2008.  For law firms and their clients, these are signs that they might have something to celebrate in 2013.

Posted by Emily Fisher

Monday Clicks: You Can’t Always Get What You Want

This week, it’s all about money.  Everyone from law school deans to Chuck Klosterman weighed in on the value of law school, while AmLaw took a novel approach to valuing law firms.  Meanwhile, law firm associates are focused on their own bottom lines when it comes to bonuses.  Also: who’s older, the Supreme Court or the Rolling Stones?

  • Lawrence E. Mitchell, dean of Case Western Reserve University’s law school, began his op-ed in the New York Times last week thusly: “I’m a law dean, and I’m proud.”  Naturally, he’s come in for a bit of criticism.
  • With a different take on the same issue is pop culture writer Chuck Klosterman, who is doing a stint as The Ethicist at The New York Times Magazine.  Recently, he weighed in on the ethics of law schools with sub-standard job placement statistics charging the market rate in tuition.  It’s interesting to read a true outsider’s perspective on a debate that has been raging in the legal community for some time now:

[A law school’s] principal ethical responsibility is to educate law students to the best of that institution’s ability, which isn’t inherently tied to how easily those graduates become gainfully employed. That responsibility is mostly [the student’s].

  • As pretty much every big firm lawyer is aware, it’s bonus season.  ABA Journal has a podcast on the subject that is worth a listen (or a read – the transcript is also available).  David Lat (Above the Law), Barbara Knott (Major, Lindsay & Africa) and Peter Zeughauser weigh in.  Lat has some particularly useful comments on the way the industry is trending:

Increasingly [lawyers] are being paid individualized bonuses.

So top performers might get more than what their Cravath counterparts might get in terms of seniority measured by your law school graduation, and then underperformers might get a smaller bonus or no bonus at all.

So I think that in some ways law firms are starting to look a lot like the corporate clients they serve. I mean, in corporate America your compensation is often individually determined as opposed to determined simply by how long you have been in the work force.

  • The American Lawyer has a new article on the value of law firms, in which investment banking valuation techniques were applied to the law firms in the Global 100.  The experiment takes on questions like whether mergers add value, or how hard the recession has hit large firms.
  • Corporate Counsel has released the 2012 Patent Litigation Survey, the first since passage of the Leahy-Smith America Invents Act.  The survey found a “steep rise” in federal district court patent suits handled by the firms in the survey, with Fish & Richardson coming in on top for the fourth straight year, with 173 cases.
  • Proskauer Rose has the results of a recent survey the firm conducted on social media use in the workplace.  Proskauer reports that more than three-quarters of companies surveyed are using social media for business purposes, while nearly half allow employees to use social media for non-business activities.  This is the survey’s second year.
  • Last week, after providing an overview of the New York City Bar Association’s new study on diversity, Vivia Chen of the Careerist issued something of an ultimatum to law firms: if you want to avoid losing midlevel and senior female lawyers, put a “critical mass” of women in leadership positions at the firm.  An excerpt:

The report doesn’t say why having women in firm management helps level the gender gap, but I’ll venture some guesses. First, I think women in leadership roles serve as crucial role models. If you can’t identify with those in power, it’s very hard to aspire toward it. Second, having a “critical mass” of women in power makes it much easier for women to advocate for other women and, ultimately, to change that ineffable thing called culture.

Finally: This week, Supreme Court watchers are anxiously awaiting news on whether the Court will take on any of the 10 pending appeals related to gay marriage before the holiday recess.  Friday is the next possible date the Court could take action on any of the cases concerning the federal Defense of Marriage Act (DOMA) or California’s Proposition 8.

In lighter Court news, the Associated Press took the time to investigate who, on average, is older: Supreme Court justices or the Rolling Stones?  A silly question, perhaps.  I’m more interested in hearing the justices’ rendition of “Beast of Burden.”

Posted by Emily Fisher with contributions by Marianne Purzycki