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Guilty Plea Expected, but Dreier Seeks to Stay Free a Little Longer

New York Law Journal

Disgraced attorney Marc S. Dreier is expected to plead guilty today to peddling fictitious notes to investors. It is uncertain whether he will be allowed to return to his penthouse before imposition of what will surely be a lengthy prison term -- but the principal job of defense lawyer Gerald Shargel will be to keep his client out of jail for as long as possible. "We have to show by clear and convincing evidence he is not a risk of flight nor a danger to the community," Shargel said. "And we believe we can do that."

Davis Wright, K&L Gates, Thompson & Knight Ensnared in Ponzi Probe

The American Lawyer

The collapse of Sunwest Management has spawned a series of civil actions by aggrieved investors. The SEC is charging that the retirement home operator once worth $2 billion is actually a Ponzi scheme. And plaintiffs lawyers for Sunwest investors are suing three of the company's outside law firms: Davis Wright Tremaine, K&L Gates and Thompson & Knight.

Economic Downturn Raising Suicide Risk Factors Among Attorneys

The National Law Journal

As if long hours, high stakes and intense competition weren't enough, now lawyers are grappling with client cutbacks, lower pay and layoffs. And it appears some attorneys are cracking under the pressure. Reports of three suicides at major U.S. law firms during the past six months underscore the stress that lawyers are facing as the economic downturn raises the intensity for billable hours and big wins. Kilpatrick Stockton, Simpson Thacher & Bartlett and King & Spalding have each lost an attorney since December.

Blagojevich Lawyers Agree to $110-an-Hour Fee Limit

The Associated Press

Ousted Illinois Gov. Rod Blagojevich's lawyers reluctantly agreed to be paid far below the rate some usually charge in return for being allowed to tap his $2.3 million campaign fund. In court papers filed Friday, the lawyers accepted the rate of $110 an hour, the legal limit court-appointed lawyers can charge in federal cases. Only the head of Blagojevich's defense team has committed himself in court to represent the now-impeached governor. Others are said to be waiting to see if they would be paid.

China Has Greedy Associates, Too

The American Lawyer

If message boards like Greedy Associates are any indication, America's young lawyers are a vociferous, demanding lot. And now, China's lawyers are sounding much the same, as shown by the Chinese-language site Totoo, whose growing popularity is a sign that China's legal profession increasingly mirrors America's, warts and all. Cost-cutting measures are hot topics on Totoo these days, with international firms that had been expanding in China cropping up in the layoff discussions.

W.R. Grace Acquittal in Asbestos Trial a Victory for Longtime Kirkland Counsel

The American Lawyer

It was billed as the largest, most complex criminal environmental prosecution ever. And it ended in dramatic fashion on Friday, when a federal jury in Montana acquitted W.R. Grace and three former executives of conspiring to cover up the release of deadly asbestos in a small mining town. The Am Law Lit Daily talks to W.R. Grace's lead defense counsel, Kirkland & Ellis' David Bernick, about his closing argument, Montana and prosecutorial misconduct.

Dechert Plans Moscow Office With Team From Chadbourne & Parke

The Legal Intelligencer

Dechert said Friday it's set to open a Moscow office in June with the addition of five partners from Chadbourne & Parke, including the firm's managing partner for the region. While Dechert moved ahead with its announcement of the opening, there was still some debate last week as to whether the group would actually be making the move. The announcement was delayed by at least a day, and word came out Friday that Chadbourne & Parke was trying to convince the partners to stay.

Credit Squeeze Has Orrick Borrowing Against Future Partner Profits

The Recorder

Orrick, Herrington & Sutcliffe is borrowing against next year's partner profit distributions, according to a public filing with the California Secretary of State's office, the latest indication that the firm is shoring up its available credit. The firm has acknowledged that, to secure a loan, it faced a bank requirement that it defer capital payouts to ex-partners for six months longer than usual. Orrick's move is another example of the new ways firms are coming up with cash in the tight credit environment.

Ruling Sanctions Attorney Who Used 'Pretext' to Cancel Deposition

New York Law Journal

A New York magistrate judge has sanctioned a lawyer who refused to attend a scheduled deposition in what the magistrate judge said "can only be construed as an attempt to gain leverage with respect to unrelated discovery issues." In awarding sanctions, Magistrate Judge James C. Francis IV called attorney M. Douglas Haywoode's rationale that he had been denied necessary discovery "meritless." Wrote the judge, "I can only infer that the brouhaha over the documents was merely a pretext for cancelling the deposition."

Vioxx Class Action Suit in California Rejected

The Associated Press

A California judge has rejected a proposed class action brought on behalf of state residents who took the painkiller Vioxx before it was taken off the market. Lawyers for former Vioxx users wanted to sue drug maker Merck to recover at least part of what they paid for the medicine, arguing that patients would have used other products if they had known that Vioxx doubled the risk of heart attack and stroke. But the judge ruled that patients paid varying amounts for the drug and had too many other differences to sue jointly.

'Absent' Class Member Wyly Denied Access to Case Files for Suit Against Milberg, Other Firms

New York Law Journal

"Absent" members in class action litigation are a "unique species" of clients who do not enjoy a presumptive right of access to class counsel's case files upon the termination of representation, the New York Court of Appeals has concluded, upholding a lower court's denial of investor Sam Wyly's request for work product. Wyly, an absent member of the class, is suing Milberg and two other firms for settling litigation against a software company for what he contends was too little money.

'U.S. News' Looks Into Brooklyn Law School's Survey Response

The National Law Journal

U.S. News & World Report says it's "investigating" Brooklyn Law School's responses to the magazine's annual survey used to rank the country's top law schools, specifically with respect to part-time students. The magazine said it would look into the matter after rival law schools noted that Brooklyn Law wasn't listed in the survey's new part-time rankings and questioned whether the school excluded part-time students in its responses in an effort to boost its ranking.

Get Your Free Case Law on the Web

Law Technology News

Free is good. But free is not necessarily equal. Attorney Robert J. Ambrogi clicks on 10 sites (and more) on the Web that provide free access to case law. Each has its peculiar strengths and weaknesses. Which is right for your research project? The answer depends on what you need.

Visit Legal Technology

Note to Partners: Beware an Attack of Unqualified Recruiters

Special to Law.com

Well-positioned law firm partners can see an uptick in phone calls from recruiters for a number of reasons. But what accounts for the record number of cold calls that many partners are currently fielding? Primarily, legal recruiters who normally worked on associate placements now have little or nothing to do, says consultant Neil Handwerker -- which is all the more reason why partners need to be selective about who they work with. Here are some must-ask questions for a recruiter seeking to represent you.

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Calculus of the Damned: How Do Firms Decide Who Gets the Ax?

The American Lawyer

In associate layoff memos, most law firms emphasize that the selection of those "valued colleagues" asked to leave is not performance-based. So how are associates marked for extinction? Some firms really are "realigning," or making up for lack of traditional attrition. Others are tossing deadweight as fast as possible from a sinking ship. But firms usually start at the same place: billables. And despite the assurances of regret, many firms are only too pleased to be playing the role once played by attrition.

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