Fun fact for non-lawyers: a significant number of commercial contracts suspend obligations that cannot be met due to an “act of God.” This is a real thing. I am not making it up. And we’re going to be fighting in courts for the next decade over whether a virus is an act of God.
But honestly, it gives me hope that somewhere out there, at some kid’s birthday party, a clueless dad is saying, “Hey Mike, you’re pretty tall, ever play a little basketball?”
@hudeatsbugs
@igorbobic
The officer initially scopes out the door, sees it's not guarded, and tries to block the way. More rioters pour up the stairs after them, and the officer seems to go with a new strategy – he shoves the first rioter, pissing him off, and then leads the whole mob the other way.
@HypeDealer1
I don't disagree, but I expect the Governor's no-mask-requirements order to prevail, and I have two medically at-risk kids. At some point we must be able to protect our family even if we fully recognize it is a privilege to be able to do so.
In law, “billed” hours and “worked” hours aren’t necessarily the same thing.
Unrelatedly, a friend told me yesterday that her boss billed 4,000 hours last year.
I don't know why this just popped into my head, but if you're signing a brief, please also include the names of your associates who worked on the brief. Trust me, you are not so important that your name needs to be unsullied by the names of your colleagues.
I set up email addresses for my 0, 3, and 5YO kids. I e-mail them pictures of family events and tell them stories about themselves. Assuming BigTech doesn't go bankrupt or erase their accounts, they'll one day enjoy digital collections of their childhoods and notes from dad.
I've made reference to this before, but it is now public. My friend
@nwinograd
, who is an author, blogger, advocate, & attorney, has been named a "non-defendant co-conspirator" in a lawsuit brought by PETA against folks who *correctly* reported that PETA stole & killed a pet dog.
First three grades I got in law school were surprisingly good, so I visited with Professor Pam Karlan after receiving a mediocre grade in her Civ Pro class. Honest to God, she said, "Look Ryan, all it means is you're not going to clerk for the United States Supreme Court."
So in personal news, assuming all goes well, there's gonna be a new junior member of
#appellatetwitter
in the Clinton household. We are expecting the arrival of a daughter in May.
I just learned of another lawyer who took her own life. This profession is tough. If any one of you, lawyer or not, needs someone to talk to, I am here for you. You are not alone.
For the first time ever, Austin Animal Center (
@austinanimals
) saved 99% of dogs and cats entering the shelter last month. Huge congrats & thank you to AAC & its placement partners like
@austinpetsalive
. Austin is the only large city in America posting save rates so high.
Me: I want to start a new section of page numbering on this page starting with the number 1.
Microsoft Word: Right. You want to start a new section of page numbering with the number vi here, change the previous page to number 3, and change the font on all footnotes to Calibri.
Trader Joe’s ran out of lollipops so they gave 4YO a flower. He named it Ladybug & put it in a glass of water in his room. Today when he came home from school, he collapsed in sadness upon discovering her death. “Now, every time I see the color red, I will think of her.”
Our 7-year-old is the source of constant surprises. He asked me for a piece of blank paper so he could draw our new dog. 15 minutes later he walks back in with this freaking masterpiece.
Just had a long discussion with the managing partner about who will argue a case granted at SCOTX. I believe he should argue it; he believes I should; we will work it out. Get you a law firm like this one.
Me: “Your first appellate argument should be one you either cannot lose or cannot win, so this one would be perfect if you want it.”
Younger lawyer: “Which one of those is this one?”
Me: [exits room]
Okay here’s my question. If the judge is baking so much error into this trial that a guilty verdict will not stand on appeal (which he is), exactly whose side is he really helping?
If you're uncomfortable with the idea of your teenage son attending peaceful protests because you accurately recognize how quickly his safety could become at risk, congratulations; you're starting to get it.
This is astonishing. I worked in that office for 5 years (under a different AG). I cannot comprehend AAGs taking this risk without conclusive evidence.
"Realtor, what I really want is an understated South Austin traditional with a Knights of the Round Table interior and a neoclassical swimming pool. Can you find that for me?"
Realtor: "I got you, fam."
cc:
@gokpkd
I worked and borrowed my way through
@DukeU
and
@UVALaw
. I graduated with $250k in loans, which I slowly paid off, month after month, over the course of ~13 years. Here's my
#hottake
: It was a heavy personal burden that I would prefer others not to have to carry.
Reading a brief in which multiple firms & highest profile attys falsely state applicable law. As someone who takes honesty & integrity intensely seriously, it’s maddening & I feel that my normal understatedness (“inaccurate” or “untrue”) fails to deal with this level of deceit.
I have a friend whose child is undergoing a 10-hour heart surgery right now. If you are the praying kind, please say an extra one for a little boy in a Houston hospital today.
Speaking from personal experience, you can outperform your IQ as a lawyer by being a better researcher. Because the law disfavors original thinking, finding someone has already declared the law should be what you want the law to be is an advantage.
My favorite BigLaw trial assignment when I was a baby lawyer:
“We’re going to bed now. Tonight, write a complete motion to exclude that we can file first thing in the morning.”
“Exclude what?”
“We don’t know. Just do your best.”
2YO spent Tuesday in ER with possible hairline fracture in skull; spent last 3 nights up all night with 4YO having trouble breathing; and those aren’t in top 2 most stressful family events this week. You never know what others are going through. Pls be nice to each other.
Having completed 20 years of practicing law, here are the 3 most important lessons I have for new lawyers: (1) only 1 person should own the document; (2) business development begins in law school and shouldn’t pause for any reason; (3) never stipulate to title or attorneys fees.
I have a close friend who is a leading pulmonary disease specialist and well, if I have to be terrified, then you should be too. Her view: this will be very, very bad in the US. Folks over 70 should stay home, and if they have to go out, go out only at non-peak times. No church.
So the attorney for Kanye's campaign in Wisconsin is also the attorney for Trump's campaign in Wisconsin. One would have to get one helluva conflicts waiver for that. It almost suggests, and hear met out, that the two campaigns are not unaligned.
Respectfully disagree. As a quasi-governmental policing agency employed by Mayor Goodway, the Paw Patrol is largely shielded by sovereign and official immunity.
The Paw Patrol is basically uninsurable right? It's a paramilitary force of attack dogs with helicopters, tanks, and subs. They have space-based superpowers. And they're only accountable to a five-year without a last name.
Even Lloyd's wouldn't touch 'em with an 100-foot pole.
Every now and then, you represent a friend because it's the right thing to do. Today, I got to tell my friend that the baseless lawsuit against him is effectively over and the other side will be picking up the tab.
Tomorrow I present oral argument in the Texas Supreme Court on the rule against perpetuities. Friday I present a CLE on the law of injected saltwater and frac liquid migration. Suffice it to say I’m a load of fun at parties.
I haven’t, in 21 years of appellate practice, opposed an opposing counsel’s request for an extension of time to prepare and file an appellate brief. Always a little shocked when seasoned lawyers oppose. Fortunately, it is a very rare occurrence in Texas.
Finally, this should be national news. PETA is doing everything it can to intimidate and attack those who expose its ways. And my friend Nathan is not going to allow them to do it--- however much it costs him. He will not break the confidences of his sources. But he needs help.
Just found a case in which a party filed a petition for writ of mandamus asking SCOTX to direct a court of appeals to issue an opinion because 11 months had passed since oral argument. The petition was filed by a fancy BigLaw firm in another state. Don't do that.
Reading a trial transcript (neither I nor my firm were involved) in which the male attorneys are referred to as “Mr. [last name]” and the female attorneys as “[first name].” Something we should all be mindful of.
When prospective clients ask me about other appellate lawyers, my practice is, virtually always, to sing the other lawyers’ praises. That was the practice of Jim Coleman, whom I greatly admired. Today I learned that is not everyone’s practice.
The legal job market, especially for but not limited to associates, is absolutely bonkers right now. Having lived through this before, do not take this for granted. It will not last. Keep developing your skills, expanding your network, and finding ways to build your own practice.
We moved to our house for the schools, which are neither requiring masks nor providing e-learning opportunities. School starts next week. We are deciding this weekend whether to withdraw the kids.
Bonkers news I received this morning: (1) some (many?) 1L summer associates are receiving offers of employment (not just offers to return 2L summer); (2) some firms are hiring PRE-LAW summer associates.
I appreciate you reaching out, LinkedIn financial planning guy. I really do. It's just that we have nothing left after the children's Lego set allotments.
“Walking” a geriatric dog, by which I mean helping it steady itself while it zigzags around the yard, is both sad and oddly intimate. She knows and I know that her days are numbered, but we will just keep doing this until we can’t anymore.
I once had a BigLaw partner yell at me for saying something that I hadn't said. When I explained that I hadn't, he said, "I admit that I may be confusing what you said to me with what one of my wife's associates said to her."
He's super successful.
This is a true thing that just happened. And it was only the first time I got yelled at by an audience member *during* my CLE presentation this morning.
So, just so I understand. Abbott just reopened bars, clubs, restaurants, concerts, sports, events, schools, etc., at 100% capacity, and banned mask requirements? Is this right?
I have a much older brother. I have few childhood memories of us but always knew he loved me. He is in his final days. If you are the praying type, please pray for relief from his immense pain, and for a peaceful passage to whatever comes next. Thank you friends.
As a boutique firm with limited marketing, I'm always a bit surprised when we somehow end up on rankings. Today I was happy to see that US News ranked us "Tier 1" in Bet-the-Company Lit, Commercial Lit, Banking & Finance Lit, Patent Lit, and Oil & Gas Lit:
It just occurred to me that most of my appellate lawyer colleagues are on the risk-averse end of the covid precaution spectrum while my trial lawyer friends are all "nah it's fine bring it."
Proud dad moment: kids in 6yo son’s class were picking on another boy for liking Paw Patrol. My kid says “Hey! I like Paw Patrol. If you want to pick on somebody for liking Paw Patrol, pick on me!” Love this kid so much.
I’ve spent the week as the appellate lawyer for one side in a large oil and gas trial. One thing I really love is that we all rise when the jury enters and exits. All these fancy suits, and the most powerful people in the room are the women and men of the jury.
Biggest (dollar-wise, anyway) win of my legal career this morning. I needed some good news; thank you appellate gods. And of course, more importantly, congrats to a great client.