Lawyers Should Own Up To Their Paralegals’ Mistakes – Above the Law

Lawyers
often
rely
on
a
number
of
legal
professionals
in
order
to
more
efficiently
complete
legal
tasks.
Many
lawyers
employ
secretaries
who
handle
administrative
tasks,
and
some
attorneys
employ
paralegals
as
well
who
handle
basic
legal
work
associated
with
files.
In
the
past,
I
appreciated
the
help
of
secretaries
and
paralegals
who
made
my
job
easier
by
handling
some
of
the
basic
tasks
associated
with
running
a
law
practice.
However,
paralegals
can
make
mistakes,
usually
because
they
have
less
legal
experience
since
they
did
not
attend
law
school
and
do
not
have
the
same
wealth
of
knowledge
that
most
lawyers
possess.
Lawyers
should
not
excuse
mistakes
made
by
paralegals
when
a
lawyer’s
name
is
on
the
papers
filed
with
a
paralegal’s
errors.

Earlier
in
my
career,
I
worked
on
a
relatively
routine
matter.
However,
when
I
got
the
papers,
I
noticed
that
there
were
mistakes
in
how
the
papers
were
written.
The
case
was
based
on
a
lesser-used
provision
in
the
law,
and
I
had
never
before
in
my
career
encountered
a
case
that
had
been
initiated
on
this
basis.
After
reading
the
statute
upon
which
the
case
was
based
and
after
researching
the
provision
on
Lexis,
I
knew
that
the
timing
of
a
given
application
was
wrong
and
that
it
required
information
had
been
excluded
from
the
papers.

I
ended
up
drafting
opposition
papers
based
on
the
mistakes
made
by
the
other
side,
and
I
cited
a
voluminous
number
of
cases
and
other
authorities
to
show
that
the
other
side
really
messed
up.
It
was
possible
that
the
court
would
excuse
such
mistakes,
since
courts
sometimes
exercise
leeway
to
excuse
technical
issues
in
the
interests
of
justice.
However,
I
found
numerous
instances
in
which
courts
dismissed
actions
because
of
such
technical
issues,
which
would
be
great
for
my
client
since
I
was
defending
this
action
on
my
client’s
behalf.

Eventually,
the
lawyer
whose
name
appeared
on
the
error-filled
papers
reached
out
to
me.
He
said
that
his
paralegal
drafted
the
documents
and
that
was
why
so
many
errors
were
included
in
the
papers.
The
lawyer
requested
that
I
consent
to
amended
papers
as
a
courtesy
so
that
hopefully
the
court
would
be
more
inclined
to
not
dismiss
the
case,
and
presumably,
this
lawyer
could
save
face
in
front
of
his
client.

I
am
the
type
of
lawyer
who
likes
to
extend
courtesies,
but
in
this
instance,
accepting
amended
documents
would
lead
my
client
to
forgoing
substantive
arguments.
I
ended
up
declining
to
accept
the
amended
papers,
which
put
my
adversary
in
a
difficult
position.
He
attempted
to
rectify
the
errors
in
his
reply
papers,
which
is
the
tactic
of
many
lawyers
who
mess
up
their
moving
papers,
but
this
tactic
is
not
always
successful.
Reply
papers
are
not
supposed
to
be
used
to
correct
errors
found
in
moving
papers,
and
this
exposed
the
errors
made
in
the
initial
submission.

I
am
not
sure
how
my
adversary
missed
all
of
the
errors
made
in
the
moving
papers.
Some
were
glaring
errors
that
pretty
much
every
lawyer
reading
the
papers
would
recognize
instantly.
I
know
that
my
adversary
ran
a
high-volume
practice,
and
this
was
likely
the
reason
why
this
lawyer
employed
paralegals
in
the
first
place.
However,
since
this
lawyer
signed
the
papers,
he
is
just
as
responsible
as
the
paralegal
(and
perhaps
moreso)
for
the
errors
contained
in
those
papers.

All
told,
I
know
firsthand
that
paralegals
can
be
a
helpful
addition
to
a
legal
team,
and
I
do
not
want
this
article
to
be
construed
as
arguing
that
paralegals
should
not
be
employed
to
complete
legal
tasks.
However,
lawyers
need
to
closely
supervise
their
paralegals
to
ensure
that
their
work
is
error-free
since
lawyers
should
not
be
able
to
excuse
errors
because
they
are
attributed
to
a
paralegal.




Rothman Larger HeadshotJordan
Rothman
is
a
partner
of




The
Rothman
Law
Firm
,
a
full-service
New
York
and
New
Jersey
law
firm.
He
is
also
the
founder
of




Student
Debt
Diaries
,
a
website
discussing
how
he
paid
off
his
student
loans.
You
can
reach
Jordan
through
email
at





[email protected]
.

Biden Commutes Scumbag Former Judge’s Sentence – Above the Law

(Photo
by
Scott
Olson/Getty
Images)

There
are
a
lot
of
innocent
people
imprisoned
in
the
federal
prison
system.
Sometimes

the
Supreme
Court
goes
ahead
and
kills
them
.
But
most
people
in
the
federal
system
are,
you
know,
actual
criminals.
So
when
a
president
issues
blanket
clemency
to
1500
people
because
they’re
low
recidivism
risks,
that
means
a
lot
of
actual
criminals
are
going
to
be
released.

Like
former
Pennsylvania
judge
Michael
T.
Conahan.

Conahan
spent
his
time
on
the
bench
sending
children
to
for-profit
prisons
in
exchange
for
kickbacks
from
the
prison
industry.
All
told,
Conahan
(and
his
co-conspirator
also
former
judge
Mark
Ciavarella)
took
in
almost
$3
million.
He
contributed
to
years
of
human
misery
exploiting
children
for
personal
profit
and
he
was
sent
away
for
17.5
years.

This
week,
he
found
his
sentence
commuted
by
Biden’s
broad
clemency
drive.
It’s
angered
liberals
who
otherwise
support
clemency
but
have
responded
with
“no,
not
like
that!”
as
though
presidential
leniency
wouldn’t
involve
mercy
to
people
who’ve
done
horrible
things.
And

right-wing
media
,
who
generally
cheer
private
prisons
and
jailing
children,
have
jumped
on
this
story
to
sow
more
rage
at
Biden:

The
mother
of
a
victim
of
Conahan’s
disturbing
crime
fumed
upon
hearing
of
his
commutation.

“I
am
shocked
and
I
am
hurt,”
Sandy
Fonzo,
whose
son
committed
suicide
after
he
was
locked
up
as
part
of
the
scheme
orchestrated
by
Conahan
and
former
judge
Mark
Ciavarella,
said
in
a
statement.

“Conahan‘s
actions
destroyed
families,
including
mine,
and
my
son‘s
death
is
a
tragic
reminder
of
the
consequences
of
his
abuse
of
power,”
she
added,
according
to The
Citizen’s
Voice
.
“This
pardon
feels
like
an
injustice
for
all
of
us
who
still
suffer.”

From
the
perspective
of
victims,
no
sentence
can
ever
be
enough.
If
we
listened
exclusively
to
victims
when
it
comes
to
sentencing,
no
one
would
ever
be
released.
And
yet,
Conahan
was
not
serving
a
life
sentence.
The
law
determined
a
term
of
years
and
he’d
already
served
around
80%
of
his
sentence.
He’s
in
his
70s,
he
will
never
be
a
judge
again,
and
he
would
be
out
in
three
years
anyway.

He’s
not
been
vindicated
by
this
Biden
action.
Biden
likely
never
considered
the
substance
of
any
of
these
1500
or
so
people.
He
just
ratified
an
existing
policy
that
deemed
them
not
worth
keeping
in
a
prison
cell.

Biden

who
faced
criticism
for
issuing
a
historically
low
set
of
pardons
and
commutations

issued
this
mass
tranche
to
avoid
the
logistical
nightmare
of
returning
folks
to
prisons
who
have
been
serving
home
detention
under
the
CARES
Act,
which
released
select
low-risk
inmates
to
house
arrest
at
the
height
of
COVID
when
prisons
risked

indirectly
imposing
the
death
penalty
.
In
fact,
this
is

the
exact
policy
many
were
asking
Biden
to
adopt
a
few
weeks
ago
.
Former
Acting
Director
of
the
Bureau
of
Prisons
Hugh
Hurwitz
wrote
in
The
Hill:

But
there
is
one
group
they
mentioned
that
seems
like
an
easy
decision
for
the
president,
and
the
first
group
President
Biden
pardons.

During
the
Pandemic,
the
Bureau
of
Prisons
moved over
36,000
people
 to
home
confinement
under
the CARES
Act
.
The
CARES
Act
expanded
the
amount
of
time
individuals
could
be
placed
in
home
confinement
during
the
pandemic.

Under
the criteria
established
 by
the
Trump
Administration’s
Department
of
Justice,
these
people
were
carefully
selected
as
low
or
minimum
security
risk,
non-violent
offenders.
They
have
completed
more
than
half
their
sentences,
with
high
risk
for
complications
of
COVID.
Most
were
older
(over
age
50)
or
had
underlying
health
conditions.
All
had
clean
conduct
while
in
prison
and
were
deemed
to
not
be
of
risk
to
the
community.

Oh
yeah.
Trump
actually
signed
the
CARES
Act
and
made
the
decision
to
let
Conahan
out
of
prison.
The
NY
Post’s
coverage
above
didn’t
mention
that
part
or
find
any
quotes
from
victims
decrying
that
leniency.
Weird
oversight.

Putting
these
people
back
in
prison

especially
when

most
are
elderly
and
have
served
the
overwhelming
majority
of
their
sentences


is
a
waste
of
government
resources.
Ideally,
they
could
keep
continuing
serving
their
full
sentences
at
home,
except
the
incoming
Trump
administration
raised
the
prospect
of
returning
everyone
to
prison
with
all
the
attendant
taxpayer
costs
that
entails.
If
home
detention
is
off
the
table
and
it’s
about
prison
or
commutation
of
those
who’ve
served
most
of
their
sentence,
Biden
chose
the
former.

Personally,
I
think
there
are
many
people
in
the
prison
system
more
deserving
of
presidential
clemency
than
Conahan,
who
deserves
to
live
in
a
cell
the
same
way
he
wrongfully
consigned
children
to
live.
It’s
a
cruel
irony
that
he’s
the
beneficiary
of
the
same
leniency
that
he
denied
so
many.
That
said,
if
he’s
released
as
part
of
a
general
policy
to
ratify
a
decision
to
release
low-risk
inmates…
I
understand
that
it’s
probably
the
right
policy
for
the
country.

But,
hey,
they
aren’t
talking
about
Hunter
anymore.




HeadshotJoe
Patrice
 is
a
senior
editor
at
Above
the
Law
and
co-host
of

Thinking
Like
A
Lawyer
.
Feel
free
to email
any
tips,
questions,
or
comments.
Follow
him
on Twitter or

Bluesky

if
you’re
interested
in
law,
politics,
and
a
healthy
dose
of
college
sports
news.
Joe
also
serves
as
a

Managing
Director
at
RPN
Executive
Search
.

Stat(s) Of The Week: Lawyers’ Happy Place – Above the Law


Lawyers
who
work
in
boutique
firms
tend
to
be
happier
than
those
who
practice
at
Am
Law
100
firms,
according
to
a
recent
ATL
survey.
But
attorneys
at
regional
law
firms
are
less
satisfied
than
their
counterparts
at
national
and
global
firms.


More
than
700
attorneys
took
part
in
the
survey,
whose
results
were
published
this
fall
in
the
Above
the
Law/Lateral
Link
Report,



Ranking
the
Law
Firms
Lawyers
Love
.


Lawyers
were
asked
to
indicate
how
happy
they
are
at
their
current
firm
by
rating
their
level
of
satisfaction
on
a
5-point
scale.
Respondents
working
in
boutique
firms
had
the
highest
average
rating
(3.81),
while
those
at
regional
firms
had
the
lowest
(3.13).


The
average
rating
among
attorneys
at
Am
Law
100
firms
(3.42)
was
the
second-lowest,
just
below
the
overall
survey-wide
average
of
3.43.
Am
Law
200
firms
(3.58)
fared
better,
as
did
national
non-Am
Law
(3.47)
and
especially
global
non-Am
Law
firms
(3.69). 

Happiness-by-type-of-firm


It
is
worth
noting
that
this
survey
was
conducted
before
the
latest
rounds
of



bonuses


were
announced

especially
since
the
same
survey
underscores
the



significance
of
compensation


to
lawyers
weighing
whether
to
remain
where
they
are
or
to
change
firms.


For
more
insights
into
attorney
satisfaction,
including
which
firms
attorneys
most
want
to
work
for
and
what
makes
them
so
desirable,



download
a
free
copy
of
the
report
.



Ranking
The
Law
Firms
Lawyers
Love

[Above
the
Law]



Earlier
:

Stat(s)
Of
The
Week:
That’s
What
I
Want

[Above
the
Law]

How Are Legal Department Professionals Spending Their Time? – Above the Law


Whether
they’re
responding
to
basic
questions,
keeping
track
of
contract
deadlines,
or
simply
searching
their
own
email
archives,
in-house
lawyers
face
numerous
distractions
from
their
most
valuable
tasks.


Which
got
us
asking:
How
are
legal
departments
performing
when
it
comes
to
getting
high-level
legal
and
business
guidance
from
their
in-house
attorneys? 


Are
your
lawyers
buried
in
administrative
chaos,
or
are
they
operating
at
peak
efficiency? 


Please
share
your
thoughts
in
this
(always)
brief
and
anonymous
survey.
Respondents
will
receive
a
chance
to
win
a
$250
gift
card. 


button_take-the-survey

Small Firm, Big Bonuses: Boutique Firm Offers Biglaw-Style Bonuses To Associates – Above the Law

Boutique
firms
are
still
offering
Biglaw
money
to
their
associates
this
bonus
season,
with
many
continuing
to
match
Milbank’s
generous

year-end

and

special

bonuses.

The
latest
boutique
to
share
its
largesse
with
associates
is
Cohen
Ziffer
Frenchman
&
McKenna.
Here’s
what
the
bonus
scale
looks
like
at
the
young
firm,
which
is
about
to
close
out
its
fourth
year:

  • Class
    of
    2023

    $20,000
  • Class
    of
    2022

    $30,000
  • Class
    of
    2021

    $57,500
  • Class
    of
    2020

    $75,000
  • Class
    of
    2019

    $90,000
  • Class
    of
    2018

    $105,000
  • Class
    of
    2017+

    $115,000

While
special
bonuses
are
not
specifically
mentioned,
the
firm
goes
on
to
note
in
its
memo
that
“in
exceptional
circumstances,”
associates
may
receive
higher
bonuses
“based
on
individual
performance.”

Bonuses
at
the
firm
will
hit
bank
accounts
today,
on
December
13.
Congratulations
to
all
Cohen
Ziffer
associates!


(Flip
to
the
next
page
to
see
the
firm’s
memo
in
full.)

Remember
everyone,
we
depend
on
your
tips
to
stay
on
top
of
compensation
updates,
so
when
your
firm
announces
or
matches,
please
text
us
(646-820-8477)
or email
us
 (subject
line:
“[Firm
Name]
Bonus/Matches”).
Please
include
the
memo
if
available.
You
can
take
a
photo
of
the
memo
and
send
it
via
text
or
email
if
you
don’t
want
to
forward
the
original
PDF
or
Word
file.

And
if
you’d
like
to
sign
up
for
ATL’s
Bonus
Alerts
(which
is
the
alert
list
we
also
use
for
salary
announcements),
please
scroll
down
and
enter
your
email
address
in
the
box
below
this
post.
If
you
previously
signed
up
for
the
bonus
alerts,
you
don’t
need
to
do
anything.
You’ll
receive
an
email
notification
within
minutes
of
each
bonus
announcement
that
we
publish.
Thanks
for
your
help!



Staci ZaretskyStaci
Zaretsky
 is
a
senior
editor
at
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
to

email

her
with
any
tips,
questions,
comments,
or
critiques.
You
can
follow
her
on BlueskyX/Twitter,
and Threads, or
connect
with
her
on LinkedIn.


Bonus Time

Enter
your
email
address
to
sign
up
for
ATL’s

Bonus
&
Salary
Increase
Alerts
.


How Appealing Weekly Roundup – Above the Law

(Image
via
Getty)




Ed.
Note
:

A
weekly
roundup
of
just
a
few
items
from
Howard
Bashman’s

How
Appealing
blog
,
the
Web’s
first
blog
devoted
to
appellate
litigation.
Check
out
these
stories
and
more
at
How
Appealing.


“Fifth
Circuit
Conservatives
Snipe
Over
Handling
of
En
Banc
Case;
Judges
Ho,
Oldham
criticize
each
other;
Fractured
opinions
issued
in
longrunning
case”:
 Jacqueline
Thomsen
of
Bloomberg
Law
has this
report
.


“Oklahoma
man
asks
10th
Circuit
to
revive
suit
over
unintended
firing
of
Sig
Sauer
pistol;
Sig
Sauer’s
P320
was
sold
to
the
public
without
a
manual
safety
feature”:
 Amanda
Pampuro
of
Courthouse
News
Service
has this
report
.


“Ryan
Park,
Biden
Court
Pick
Stalled
In
The
Senate,
Withdraws
His
Nomination;
The
appeals
court
nominee
says
he’s
going
to
keep
his
current
job
as
the
North
Carolina
solicitor
general”:
 Jennifer
Bendery
of
HuffPost
has this
report
.


“William
Hennessy,
a
veteran
sketch
artist
who
brought
courtroom
scenes
to
the
nation,
has
died”:
 John
Fritze
and
Katelyn
Polantz
of
CNN
have this
report
.


“Judges
Dismayed
at
Veto
Threat
of
Bill
to
Help
Strained
Courts;
Biden
says
would
veto
plan
passed
by
Senate,
pending
in
House;
Measure
was
bipartisan,
but
Trump
election
changed
that”:
 Suzanne
Monyak
of
Bloomberg
Law
has this
report
.

3 Ways Lawyers Can Better Collect The Money They’re Owed – Above the Law


It’s
no
secret
that
lawyers
can
be
pretty
bad
with
money
management,
and
there
are
many
reasons
why. 


“Let’s
go
back
to
the
very
beginning,”
says
Joyce
Brafford
of
Profitsolv.
“We
know
that
law
schools
are
very
good
at
taking
people’s
money.
But
what
about
when
the
lawyers
have
to
take
people’s
money?” 


In
this
episode
of
the
Non-Eventcast,
Joyce
and
her
co-host,
Jared
Correia,
talk
through
three
ways
lawyers
can
improve
their
collections
for
the
services
they
provide
(10:41).


Check
out
their
full
discussion
here. 


No.
1:
Maintain
a
Fee
Schedule


A
lawyer’s
rate
sheet
should
function
like
the
sticker
price
for
a
car

it
lists
the
fee
for
the
services,
along
with
the
features
of
the
services
provided. 


The
rate
sheet
can
help
counteract
many
lawyers’
natural
tendency
for
ad
hoc
billing,
where
they
routinely
discount
their
prices
out
of
a
desire
to
help
their
clients. 


It’s
a
common
pitfall,
because
so
many
lawyers
got
into
the
profession
out
of
a
desire
to
help
people
in
need. 


“Of
course
you
should
have
a
rate
sheet,”
Joyce
says.
“You
don’t
go
anywhere
in
life
where
you
expect
to
pay
for
something
and
someone
doesn’t
know
what
they’re
charging
you.” 


No.
2:
Charge
Consultation
Fees


Many
lawyers
who
offer
free
consultations
complain
about
being
stood
up,
meaning
that
their
time
isn’t
being
valued. 


But
from
a
potential
client’s
perspective,
a
consultation
is
valuable
in
its
own
right,
and
there’s
no
reason
it
shouldn’t
be
billable,
Jared
notes.
From
the
lawyer’s
perspective,
a
paid
consultation
can
also
vet
whether
a
client
will
readily
pay
for
the
services
they’re
receiving. 


“If
somebody
is
struggling
to
pay
you
a
$200
consultation
fee,
it’s
not
a
great
sign
for
the
representation,”
Jared
notes.


No.
3:
Focus
on
Engagement
Agreements


The
engagement
agreement

or
fee
agreement

is
a
valuable
opportunity
for
lawyers
to
lay
out
their
fee
structure
as
well
as
the
scope
of
the
representation
and
overall
client
relationship. 


Many
lawyers
miss
opportunities
to
talk
about
additional
requirements
of
the
relationship
at
this
stage. 


What
technology
will
be
used?
Does
the
law
firm
use
AI?
How
will
communication
occur?
Is
there
a
collection
process?


“Is
it
cool
to
text
me
at
2
a.m.
and
to
expect
a
response?”
Jared
says. 


“The
engagement
agreement
should
be
about
setting
expectations
for
the
relationship.
It’s
a
great
opportunity
to
do
that,
and
a
lot
of
lawyers
don’t
use
it.” 


This
is
the
ninth
episode
of
the
series,
hosted
in
conjunction
with
our
partner,



ProfitSolv
.  


This
episode
is
sponsored
by



TimeSolv.
  

Above The Law’s 16th Annual Holiday Card Contest – Above the Law

It’s
the
most
wonderful
time
of
the
year!
With
Biglaw
bonus
season
already
well
underway

thanks
to
Milbank,
we’re
talking

year-end
bonuses

and

special
bonuses
,
too

the
holiday
season
is
already
off
to
a
great
start.
Law
firm
holiday
parties
will
certainly
get
our
readers
feeling
festive,
but
all
of
the
celebrations
and
hefty
paychecks
pale
in
comparison
to
what’s
about
to
get
underway:
Above
the
Law’s
sixteenth
annual
holiday
card
contest.
We’ve
already
received
several
emails
asking
about
when
this
year’s
contest
would
start.
The
answer:
It
starts
today.

We
are
a
legal
website,
so
of
course
there
are
some
rules
to
follow:

1.
Because
we
are
committed
to
the
environment
here
at
Breaking
Media,
we
will
consider


ONLY
E-CARDS
.
Please
don’t
send
us
paper
holiday
cards
via
snail
mail
this
year

the
Above
the
Law
editorial
team
hasn’t
been
in
our
physical
office
much
since
March
2020.

2.
To
submit
an
e-card,
please
email
either
a
link
to
the
card
or
the
card
itself
(as
an
attachment)

but
note
that


WE
PREFER
LINKS
,
if
available

to


[email protected]
,
subject
line:
“Holiday
Card
Contest.”
The
subject
line
is
very
important
because
it’s
how
we
will
comb
through
our
inbox
to
collect
the
entries
when
picking
finalists.
If
you
don’t
use
the
correct
subject
line,
expect
a
lump
of
coal
in
your
stocking.

3.
Please
limit
submissions
to
holiday
/
Christmas
cards
that
you
view
as


WORTHY
CONTENDERS
.
We’re
looking
for
cards
that
are
unusually
clever,
funny,
or
cool;
we’re
not
interested
in
cards
that
are
safe
or
boring
(e.g.,
a
beautiful
winter
landscape,
a
“Happy
Holidays
2024,”
and
the
law
firm
name).
We’re
seeking
cards
with
some
attitude,
with
that
extra

je
ne
sais
quoi
.
If
you
send
us
a
banal
card,
don’t
be
surprised
if
we
make
fun
of
it.

4.
In
your
email,
please
include
a


BRIEF
EXPLANATION

of
why
this
card
is
compelling

an
explanation
that
we


MIGHT
QUOTE
FROM

if
your
nominee
makes
the
finals
(if
you
want
to
be
anonymous,
let
us
know).
If
you
can’t
offer
an
explanation,
please
rethink
whether
the
card
is
a
worthy
contender
(see
rule
#3,
supra).

5.
The
deadline
for
submissions
is
about
two
weeks
away:

FRIDAY,
DECEMBER
13,
at
11:59
p.m.

(New
York
time).
No
exceptions.
If
you’re
reading
this
post
after
the
deadline,
then
you
don’t
read
Above
the
Law
frequently
enough.

We
look
forward
to
seeing

your
submissions
.
Thank
you,
and
happy
holidays!



Staci ZaretskyStaci
Zaretsky
 is
a
senior
editor
at
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
to

email

her
with
any
tips,
questions,
comments,
or
critiques.
You
can
follow
her
on

X/Twitter

and

Threads

or
connect
with
her
on

LinkedIn
.

Biglaw Firm Offering Massive Flexibility To Associates With New Compensation Scheme – Above the Law

Last
week,
Steptoe
chair
Gwen
Renigar
announced
a
new
associate
compensation
system
and
it’s
a
major
victory
for
work/life
balance.
As
Steptoe
partner
Kate
Cappaert
said,
“The
program
is
focused
on
recognizing
that
each
associate’s
career
path
may
be
different.
Not
everyone
fits
in
the
same
box,
and
we’re
really
trying
to
meet
associates
and
let
them
take
ownership
and
control
over
their
career
path
and
develop
a
program
that
allows
them
to
do
that.”

So,
what’s
the
new
system?

In
broad
terms,
the
firm
will
offer
three
tracks
that
have
different
billable
hour
expectations
that
coincide
with
different
salary
bases.
As

reported
by

Law.com,
it
breaks
down
as
follows:

The
first
option
allows
associates
to
continue
on
their
current
compensation
scale,
with
a
billable
hour
reduction
to
1,800
hours.
The
firm
declined
to
specify
the
details
of
its
current
compensation
scale,
but,
according
to
2024
NLJ
500
data,
Steptoe’s
associate
compensation
scale
reportedly
starts
at
$215,000.

The
second
option
offers
a
billable-hour
budget
of
2,000
hours,
with
a
compensation
scale
starting
at
a
$225,000
base
salary
for
first-year
associates
and
going
up
to
$502,500
for
eighth-year
associates.

The
third
option
comprises
a
billable-hour
budget
of
2,200
hours,
with
compensation
starting
at
a
$236,250
base
salary
for
first
years
and
running
up
to
$581,750
for
eighth-year
associates.

All
three
billable
levels
will
have
the
same
opportunities
for
promotions.
Associates
will
be
awarded
bonuses
for
meeting
their
billable
targets,
extra
bonuses
for
exceeding
them,
and
an
option
for
additional
discretionary
bonuses.

There
will
also
be
an
option
to
have
a
billable
budget
below
1,800
hours
at
a
prorated
salary.

More
of
the
logistics
are
detailed
here:

Each
associate
will
be
given
an
associate
billable
hour
budget
and
compensation
for
2025
based
on
“a
review
of
their
historical
utilization
and
performance,”
according
to
Renigar’s
note.
However,
associates
will
be
able
to
select
a
lower
budget
than
assigned
to
them
if
they
so
chose.

The
assigned
budget
and
compensation
will
apply
for
2025,
though
associates
will
have
the
choice
to
change
budgets
year-to-year.

The
level
of
flexibility
this
program
provides
to
associates
is
potentially
revolutionary.
And
the
inherent
uncertainties
of
billable
targets
like
if
you’re
on
the
1800-hour
program
but
get
put
on
a
drawn-out
trial
or
if
the
M&A
market
takes
another
dip,
can
be
accounted
for
in
the
new
bonus
system
at
the
firm.
Kudos
to
Steptoe
for
realizing
good
lawyers
don’t
always
want
to
spent
every
waking
moment
billing.




Kathryn Rubino HeadshotKathryn
Rubino
is
a
Senior
Editor
at
Above
the
Law,
host
of

The
Jabot
podcast
,
and
co-host
of

Thinking
Like
A
Lawyer
.
AtL
tipsters
are
the
best,
so
please
connect
with
her.
Feel
free
to
email

her

with
any
tips,
questions,
or
comments
and
follow
her
on
Twitter

@Kathryn1
 or
Mastodon

@[email protected].

New HBO Documentary ‘Nature Of The Crime’ Puts The Oftentimes Ineffective Parole System On Trial – Above the Law

(Image
via
HBO
Max)

When
it
comes
to
teenage
offenders
who
have
been
convicted
of
violent
crimes,
how
much
punishment
is
enough?
Are
we
a
society
that
believes
in
second
chances,
or
would
we
rather
condemn
the
guilty
to
a
lifetime
spent
behind
bars,
one
parole
denial
at
a
time?

In

“Nature
of
the
Crime,”

a
powerful
new
documentary
that
premiered
on
HBO
this
week,
directors

Ricki
Stern

and

Jesse
Sweet

challenge
viewers
with
the
difficult
task
of
observing
the
complexities
of
the
American
system
of
crime
and
punishment
and
assessing
whether
our
approach
to
parole
actually
acknowledges
whether
rehabilitation
is
possible.

When,
in
the
eyes
of
the
parole
board,
does
the
nature
of
the
human
being
who
is
pleading
their
case
become
more
meaningful
than
the
nature
of
the
crime
that
occurred
so
many
years
ago?

The
story
is
told
through
the
lens
of
Chad
Campbell,
Carlos
Rebollo,
and
Todd
Scott

three
boys
who
became
men
while
living
behind
bars

who
committed
heinous
crimes
when
they
were
14,
15,
and
19,
respectively,
as
they
prepare
for
their
upcoming
parole
interviews.
Campbell
was
sentenced
to
two
consecutive
prison
terms
of
nine
years
to
life
for
two
counts
of
second-degree
murder
after
he
killed
a
classmate
and
the
toddler
she
was
babysitting.
Rebollo
was
sentenced
to
45
years
in
prison
after
he
was
convicted
of
arson
and
attempted
murder.
Scott
was
sentenced
to
25
years
to
life
after
he
was
convicted
of
second-degree
murder
for
his
involvement
in
the
death
of
a
New
York
police
officer.
Collectively,
they’ve
served
85
years
behind
bars,
and
only
one
of
them
has
been
paroled.

“There’s
so
little
attention
paid
to
how
are
people
being
released,
what’s
determining
who’s
getting
released,”
Sweet
told
Above
the
Law
in
an
interview.
“And
that’s
just
as
impactful
on
hundreds
of
thousands
of
people
in
terms
of
how
long
they’re
going
to
be
in
prison
and
the
nature
of
their
sentences.
As
we
got
deeper
and
deeper,
we
realized
how
short
the
parole
system
falls
from
what
it’s
set
out
to
do.”

Stern
echoed
Sweet’s
thoughts,
explaining
that
while
it
wasn’t
their
goal
for
the
film
to
be
“an
advocacy
piece
on
its
face,”
they
wanted
the
audience
to
wrestle
with
how
to
determine
whether
an
offender
should
be
released
from
prison.
“You
spent
the
film
sort
of
understanding
who
these
people
are
and
witnessing
how
they
have
changed
despite
being
in
prison
for
more
than
half
their
lives,”
she
said.
“They
essentially
grew
up
in
a
place
that
doesn’t
foster
change
or
growth.”

“It’s
almost
like
we
wanted
to
put
the
audience
in
the
seat
of
the
parole
commissioners.
How
do
they
demonstrate
remorse?
What
does
rehabilitation
look
like?
Have
they
served
enough
time
for
this
crime?
Who
gets
to
decide
that?”

Throughout
the
documentary,
we
watch
as
Campbell,
Rebello,
and
Scott
take
steps
to
prepare
for
interviews
with
the
parole
board
members
who
will
decide
their
fates,
witnessing
their
yearning
to
be
free
after
years
spent
attempting
to
change
themselves
for
the
better.
Though
their
attorneys’
work
is
powerful
and
purposeful
not
just
for
their
clients,
but
also
for
the
common
good,
we
ultimately
witness
Campbell
and
Scott’s
intense
disappointment,
while
Rebello
is
finally
able
to
leave
his
life
behind
bars
thanks
to
a
unique
parole
reform
program
in
Connecticut.


Rochelle
Swartz
,
a
senior
associate
at
Orrick
who
serves
as
Campbell’s
attorney,
shared
a
rather
striking
quote
during
the
movie,
saying,
“Do
we
want
to
live
in
a
country
where
a
child
commits
a
crime
that’s
terrible
and
horrific
and
they
spend
their
lives
in
prison
no
matter
who
they
become,
or
what
they
turn
into
as
they
grow
and
mature,
or
do
we
want
to
do
better
than
that?”

“The
fastest
asked
and
simplest
way
to
improve
or
reform
parole
in
New
York
would
be
for
the
judges
to
actually
exercise
judicial
review
and
to
stop
the
board
from
overstepping
its
authority,”
Swartz
said
in
an
interview
with
Above
the
Law.

Swartz,
who
refers
to
her
pro
bono
work
with
Campbell
as
“far
and
away
the
most
rewarding
thing
I’ve
ever
done
in
my
professional
career,”
recognizes
that
she’ll
be
working
with
her
client
for
quite
some
time
due
to
the
challenging
nature
of
parole
board
decisions.
“I
think
this
is
a
long-term
case
for
me.
I
think
I’m
going
to
spend
a
large
chunk
of
my
career
on
it,”
she
said.
“I
hope
I’m
wrong.
I
really
hope
I’m
wrong
in
that
Chad
gets
out
imminently.
We’re
only
six
years
in,
and
I
think
this
could
be
a
15
year
fight

but
I
hope
not.”

“Nature
of
the
Crime”
succeeds
as
a
thinkpiece
on
the
sum
and
substance
of
the
parole
system,
and
makes
the
audience
wonder
what,
if
anything,
can
be
done
to
possibly
repair,
rebuild,
and
reinvigorate
its
legal
framework
to
ensure
that
those
who
are
ready
to
be
released
from
prison
actually
can
and
will
be.

“When
is
enough
is
enough?
How
do
you
know
someone
deserves
a
second
chance?
I
think
what
we
want
people
to
do
is
honestly
ask
those
questions,”
Sweet
told
us.
“We
hope
people
watch
it
and
we
hope
it
sparks
a
conversation.
And
even
maybe
legislative
change,”
Stern
concluded.

“Nature
of
the
Crime”
is
now

streaming
on
Max
.



Staci ZaretskyStaci
Zaretsky
 is
a
senior
editor
at
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
to

email

her
with
any
tips,
questions,
comments,
or
critiques.
You
can
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on BlueskyX/Twitter,
and Threads, or
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her
on LinkedIn.