Looking for Substantive Commercial Litigation Experience in San Francisco?

Kinney Recruiting is working with a top AmLaw firm in San Francisco on its search for a litigation associate.

We are seeking a candidate with commercial litigation experience from the 2018 class year.

This job is perfect for an associate in San Francisco looking for a change or an attorney in a major market on the east or west coast who is looking for better work within a smaller office of an AmLaw 50 firm. This firm offers market compensation, a welcoming environment, and a sophisticated practice that provides associates standup experience early in their careers.

To learn more, please submit your resume to jobs@kinneyrecruiting.com.

Caregiving And The Law… ‘Tis The Season

Ed. note: This is the latest installment in a series of posts on motherhood in the legal profession, in partnership with our friends at MothersEsquire. Welcome Emily Monarch to our pages. Click here if you’d like to donate to MothersEsquire.

At some point, most attorneys find themselves juggling a career in law while serving as a caregiver to a child, parent, or spouse, sometimes all three at once.

As I write this, my 9-year-old daughter sits across from me, focused intently on her laptop. She’s in virtual class on a Zoom video call — in this era of COVID-19. This morning, I’ve already texted with two friends navigating care issues with their aging parents, and in the office next to mine, Larisa Gilbert, another attorney in my firm, talks to her mother’s personal care facility negotiating shower schedules and billing issues.

Caregiving sits at the top of the list of “Things I learned nothing about in law school but really needed to know.” But as former First Lady Rosalynn Carter once said, “There are only four kinds of people in the world: those who have been caregivers, those who are currently caregivers, those who will be caregivers, and those who will need caregivers.”

I didn’t even think about becoming a caregiver while I was a law student. I knew I wanted to be a mother but gave little thought to the particulars.  When my oldest son was born, I thought of caregiving as a brief sprint from maternity leave until Kindergarten.

In my mind, I’d research and choose a day care and we’d sail along until it was time to send our son to school.  Along the way, our two daughters arrived, along with the pressures of homework and sports and after-school activities.  Mentally, I shifted my finish line to high school graduation — this was a marathon not a sprint.

When my youngest started preschool, I opened an elder law firm. Within the first few years, I witnessed talented and capable professional men and women juggling developing careers while caring not only for their children, but also for their spouses and aging parents.

It was then that I realized that for many attorneys, caregiving encompasses more than just young motherhood: these responsibilities will accompany us for our entire careers.

This revelation came as quite a shock to me. I drank the career track Kool-Aid in law school and early in my practice. I believed that any interruption in my work life would be career suicide. I read article after article about the sacrifices working mothers made.  Yet somehow, instead of becoming an interruption or distraction, caregiving became the heart of my practice. Every day, I use my law degree to help other caregivers navigate their journeys. I also no longer worry that the time I spend carrying for the people I love will derail my career.

When I’m sitting with a family helping them make difficult decisions about an aging loved one, my credentials don’t matter. What matters is the shared experience.  When Larisa says, “My dad, who recently passed away, was a career Navy officer,” or my paralegal Kathleen tells a client, “We went through the same thing with my parents,” that’s what matters.

Our clients don’t care where we went to law school, who we clerked for, or what cases we won. They just want to know that we understand and care.

While everyone struggles when life reverses the assigned roles and child becomes parent, I think attorneys struggle more. We have high standards. We sweat the details. We obsess about getting our family members to do what we think is right. We argue our points far past their obvious conclusions. And at some point, most attorneys find themselves juggling a career in law while serving as a caregiver to a child, parent or spouse, sometimes all three at once.

When you find yourself in this position, a few things I learned along the way may be helpful especially as we head into the holiday season.

First, don’t argue. Whether you’re dealing with an unruly toddler, a know-it-all 15-year-old, or an opinionated parent, resist the urge to debate. Presenting a few good choices and letting your loved one decide is a far better use of your skills.

Second, ask for help. Too many times, we are not specific in how our co-parent or sibling can assist us. Maybe your brother can pick up groceries for your mom, or your sister who lives out of town can call the insurance company. An experienced elder law attorney can be your best advocate, and a paid caregiver will let you become a daughter or son again. Asking for help may also create some much coveted and needed time to take care of yourself.

Third, don’t let perfect be the enemy of good. Those of us used to grabbing the next brass ring take our responsibilities as caregivers very seriously. Yet, no one is awarding grades (or favored child status) for your performance.  Lowering your expectations, especially during this pandemic and the busy holiday season, will reduce stress and guilt.

Do the best you can for the people you love and move on, knowing that is enough.


Emily Monarch is a wife and mother of three children living in Louisville, Kentucky. She is the founder of Elder Law Solutions, PLLC, a law firm focused on helping families navigate the legal, financial and care issues that arise when caring for an aging loved one.  Emily serves on the board of directors for the Life Care Planning Law Firm Association, a national network of holistic law practices that offer legal services, care coordination and advocacy services to help elderly clients and their families. You can learn more about Life Care Planning at https://www.lcplfa.org/. You can reach Emily at emily@kyelderlawsolutions.com or through her website: https://kyelderlawsolutions.com/.

Top 10 Am Law Firm Hands Out Big-Money Bonuses To Associates

(Image by Getty)

It’s bonus season in Biglaw, and associates are nervously waiting and watching to see if there firms will match not only the Cravath year-end bonus scale, but the special bonus scale as well. If certain firms refuse to match the special bonuses, there will truly be a new compensation distinction between Biglaw firms this year.

Associates at Morgan Lewis can now let out a huge sigh of relief, because the powers that be at the firm just announced that associates’ holiday season will be extra festive this year, with up to $140K in cold, hard cash, depending on their class year. Here are the details:

Per usual firm practice, U.S. associates just received a voicemail from [chair] Jami McKeon to inform us that the firm will be matching both the year-end bonus scale of Am Law 20 firms and the special fall bonuses of Am Law 20 firms. Jami wanted to let us know on the eve of Thanksgiving as an appropriate expression of gratitude. Exact/further details will be coming next week.

“Expected and appreciated news,” said one source. If the firm is truly proceeding as usual, first-years will not be receiving a pro-rated bonus, since the Morgan Lewis fiscal year begins in October. Sorry about that, first-years!

Bonus money will likely be deposited into associates’ accounts in January 2021.

Remember everyone, we depend on your tips to stay on top of important bonus updates, so when your firm matches, please text us (646-820-8477) or email us (subject line: “[Firm Name] 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 all of 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 Twitter or connect with her on LinkedIn.

Certified Fresh Bonuses

Bonus news is coming in fast and furious now. For the associates this is a nice send-off before closing up shop for the Thanksgiving holiday… and inevitably reopening shop on Thursday afternoon to turn around another draft of that document. But for your humble Above the Law crew, everyone is just forcing us to delay that cocktail.

All right, no it isn’t.

The latest to announce is Freshfields, who already joined the fall bonus gang, so this is just an announcement of the annual bonuses. Unsurprisingly, the firm is following the market standard for its U.S. associates.

Class of 2020: $15,000 (prorated)
Class of 2019: $15,000
Class of 2018: $25,000
Class of 2017: $50,000
Class of 2016: $65,000
Class of 2015: $80,000
Class of 2014: $90,000
Class of 2013+: $100,000

Freshfields will pay out its bonuses on December 15, which helps make for a merry holiday season.

The full memo is on the next page…

Remember everyone, we depend on your tips to stay on top of this stuff. So when your firm matches, please text us (646-820-8477) or email us (subject line: “[Firm Name] 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’ll 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.


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 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.

Biglaw Firm Matches Market Year-End Bonuses And Gives An Extra Special Bonus For High Billers

COVID-19 has changed a lot of things — whoever thought you’d spend so much time matching a face mask to your outfit? But some things even coronavirus cannot change, like Biglaw bonuses.

Today Ropes & Gray announced year-end bonuses, to be paid on December 24th. The bonus scale is as follows (you can read the full memo on the next page):

As is typical at Ropes & Gray, more senior associates will receive individualized bonuses that take into account the market standard, and will also account for the special bonuses.

There is something different about this year’s bonuses — more money! Back in the fall, Ropes was among the Biglaw firms to delay COVID appreciation bonuses. But the memo indicated associates will received market rate special bonuses starting at $7,500 and increasing, depending on class year, which are in addition to the year-end bonus numbers. Nice to see these Biglaw associates get an extra special (cash) thank-you for their hard work during a pandemic. And who’s eligible for these special bonuses? Any “partnership track associates in the US and Asia who annualized at least 1300 hours.”

Year-end bonuses typically come with a 1900 hours requirement at the firm, and associates who have failed to enter their billable hours on a timely basis also get an automatic deduction of their bonuses. But in recognition to the challenges of 2020, Ropes has made some welcome modifications to these policies:

For year-end bonuses, we continue to have an activity target of at least 1,900 billable and pro bono hours to be eligible for a bonus. However, we recognize that 2020 brought shifting market dynamics that affected work flow for some of you. We have decided that for this year, we will determine bonuses using whichever is higher for a given associate: hours from the full review period (November – October), or hours for that period excluding the months of April through July. If you annualized below 1900 hours during the full review period, but annualized at a higher amount for the review period excluding the months of April through July, we will pay the higher bonus up to the 1900 hour market level for your class. We believe this approach best recognizes the outsized impact the economic downturn had on some of you, while also recognizing that many of you were steadily busy throughout the year.

….

We also want to reiterate the importance of timely diaries. They enable us to bill clients promptly at the end of each month, and are essential to monitoring and managing alternative fee arrangements. Adhering to our diary standards is absolutely crucial. As previously announced, lawyers violating our diary standards will receive an automatic bonus reduction. However, for 2020, associates who are subject to a diary sanction reduction will be able to “earn back” the deducted portion by submitting timely entries consistently for the first half of 2021. We hope this encourages good diary habits while also recognizing the challenges 2020 posed for many.

The firm also usually gives extra money for high billers. They’ll do that again this year, but have bumped up the size of those rewards because, you know, 2020.

As always, we depend on you when it comes to bonus news at other firms. As soon as your firm’s bonus memo comes out, please email it to us (subject line: “[Firm Name] Bonus”) or text us (646-820-8477). 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, 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.


headshotKathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. 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).

A Holiday Most Fowl

Happy Thanksgiving!

Sometimes it’s hard to choose what to have for Thanksgiving dinner, especially this year when things are unsettling and uneasy, and we’re cautioned to keep safe, mask up, and keep our distance. I love the Turkey Day sides, the stuffing (or dressing, depending upon location), the mashed potatoes, sweet potatoes in one form or another, at least two kinds of pie, and since there has to be a green vegetable, green bean casserole, which, in this form, doesn’t meet my definition of a vegetable. Plus, cranberry sauce, plus gravy. And rolls, in some form or another, for the inevitable next-day turkey sandwiches. Food coma, anyone?

I could not care less about the turkey; however it’s prepared, traditional baked in the oven, deep fried, spatch-cocked (look it up). What I do care about are the turkeys in our profession, and, as I think we all know, a slang definition of turkey includes the terms loser, naïve, stupid, inept, or all of them.

There have been so many this year that it’s hard to choose those who belong in what I shall call the 2020 Turkey Hall of Shame. I chose lawyers whose antics make any rational person (even a lawyer) question their sanity. What were they thinking? Do any of these turkeys deserve the usual Thanksgiving holiday pardon?

How about this one? A Virginia attorney has been accused of cavorting with underage girls and engaging in sex trafficking. Normally, a defendant is “shocked, shocked” that a girl was underage. But according to an affidavit filed in the case, the attorney allegedly knew their ages.

The FBI is investigating the Texas Attorney General, Ken Paxton, as to whether his efforts to help a real estate developer and wealthy donor constituted bribery and abuse of office.  Several staffers in the Attorney General’s Office filed a whistleblower lawsuit against Paxton; those staffers have since resigned, been fired, or gone on leave. Retaliation?

A Florida lawyer must have skipped that part of the crimes class that discussed extortion. He’s been accused of shaking down an NFL player, DeAndre Baker, for $800,000. In exchange for the payment, the attorney’s clients would recant their stories that Baker was responsible for robbery and assault. So, instead of a case against Baker, William Dean, the Florida lawyer, who represented the “witnesses,” now faces his own criminal case. Is this a delay of game penalty?

So much has been going on during the last month or so that the conduct of Jeffrey Toobin has not received much attention since his infamous Zoom call. The New Yorker has fired him and he’s on leave from CNN for an unknown period. Watch your behavior on Zoom calls; you are not alone.

Define “disability.” Doesn’t that mean that you are unable to work, either temporarily or permanently, at your job? Apparently not. One attorney here in California who was receiving disability payments from the Federal Reserve System and the Social Security Administration has been well enough to work for Stanford University, two law firms, and three companies. The first law firm paid him almost $19K a month; the second and subsequent law firm paid him $175,000 a year. Where do I sign up? The attorney’s days of multiple dipping are over since he’s been charged with wire fraud.

A 41-page ethics complaint has been lodged against an Ohio attorney who allegedly propositioned both existing and prospective clients. In one instance, he offered to represent a woman in a divorce case pro bono if she would clean his house … in the nude. All the allegations against the attorney are pre-COVID-19, but it makes me wonder if the attorney thought that housekeeping was worth the free legal representation even then and the subsequent ethics trouble.

Here’s another story about another Ohio lawyer who’s accused of running a sex trafficking ring for not just one or two years but for 15. Is there something in the water in that state?

One victim said that no one believed her. The attorney’s quid pro quo was to get the women lighter sentences for drug offenses in exchange for prostitution. If convicted, he could receive up to 50 years in prison and since he is presently 74, we all know what that means.

In Florida, the issue was which twin, Matthew or Christopher Brady, was responsible for filing an order full of typos, on a date when the court was closed, and which granted child custody to Matthew. The lawyer twin, Christopher Brady, already disbarred, faces five years in prison, having been convicted by a jury that did not believe that Matthew was the bad dude, although he claimed responsibility. Previously, Brady had broken into the law firm that fired him, using a rope from a truck to force open the firm’s front door, whereupon he and his accomplice made off with a safe and the computer server. Sounds a little like the gang who couldn’t shoot straight, and all pilfering was caught on video. Disbarment followed.

Finally, on a lighter note, if you missed the story about the judges parodying the song “I’ll Be Back” from the musical sensation Hamilton, here it is: Federal Judges Releasing Music Video About COVID Is Officially the Last Thing You Expected From 2020. It’s wonderful fun, and who knew that judges could sing? Usually it’s the defendants.


Jill Switzer has been an active member of the State Bar of California for over 40 years. She remembers practicing law in a kinder, gentler time. She’s had a diverse legal career, including stints as a deputy district attorney, a solo practice, and several senior in-house gigs. She now mediates full-time, which gives her the opportunity to see dinosaurs, millennials, and those in-between interact — it’s not always civil. You can reach her by email at oldladylawyer@gmail.com.

What Would Be Better Than The Bar Exam?

Election challenges continue, Krakens are released, Rick Schroder provides a critical look at America’s cash bail system, and Bill Barr has some explaining to do.

But beyond all that, a new study takes a comprehensive look at the legal licensing process and the value of the status quo bar examination regime. It may not surprise anyone that the existing system does a poor job of providing the assurances of “minimum competence” that the public and the profession need, but this study does the hard work of backing that feeling up with data and, more importantly, outlining alternative licensing programs that would do better. AccessLex funded the study, and Aaron Taylor, Executive Director of the AccessLex Center for Legal Education Excellence, joins the show to talk about it.

Joe Biden Won’t Force His Justice Department To Investigate Donald Trump

(Photo by Drew Angerer/Getty Images)

I will not do what this president does and use the Justice Department as my vehicle to insist that something happen. There are a number of investigations that I’ve read about that are at a state level. There’s nothing at all I can or cannot do about that.

— President-elect Joe Biden, in his first televised interview since the election, responding to a question from NBC’s Lester Holt as to whether he’d support using the Department of Justice to investigate Donald Trump after he leaves office. Before the election, Biden said he’d like to restore the DOJ’s independence. “What the Biden Justice Department will do is let the Justice Department be the Department of Justice,” he noted. “Let them make the judgments of who should be prosecuted.”


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 Twitter or connect with her on LinkedIn.

Biglaw Firm Gives Associates Welcome News — Bonuses!

It’s the most wonderful time of the Biglaw year! As the day inches closer and closer to quittin’ time (as if that’s even a thing in Biglaw), everyone is desperate for something — anything — to distract them until their (appropriately socially distant) Thanksgiving plans can begin.

Well, we can thank Debevoise for the perfect bonus memo distraction.

Today, Debevoise announced year-end bonuses, in line with the prevailing market rate. The bonus scale is as follows (you can read the full memo on the next page):

Class of 2020: $15,000 (prorated)
Class of 2019: $15,000
Class of 2018: $25,000
Class of 2017: $50,000
Class of 2016: $65,000
Class of 2015: $80,000
Class of 2014: $90,000
Class of 2013+: $100,000

Back in September, Debevoise was among the Biglaw firms to hand out COVID appreciation bonuses. Those special bonuses range from $7,500 to $40,000, depending on class year, and are in addition to the year-end bonus numbers. So yeah, Biglaw associates have a lot to be thankful for!

As always, we depend on you when it comes to bonus news at other firms. As soon as your firm’s bonus memo comes out, please email it to us (subject line: “[Firm Name] Bonus”) or text us (646-820-8477). 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, 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.


headshotKathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. 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).

‘Mother’ Or ‘Parent’: What’s In A Name?

The law is slowly catching up to the different forms that families take, including the roles and titles of parents. You might think the designation of “parent” instead of “mother” on a birth certificate wouldn’t make much of a difference. But it was enough for one mother to appeal an Arizona trial court ruling regarding her designated title on her child’s birth certificate.

Breaking Barriers

Last month, the Arizona Court of Appeals ruled in the case of In re Marriage of McLaughlin and Swanson. The case had already made history when, in 2017, the Arizona Supreme Court held that the state’s marital presumption of parentage necessarily equally applied to a same-sex couple as to an opposite-sex couple. After remand to the trial court, nearly all issues were settled. Except one significant one. Appellant Kim McLaughlin accepted that her ex-spouse, Suzan Swanson, would receive parental recognition of the child McLaughlin gave birth to during their marriage. McLaughlin, however, took issue with the trial court’s order designating her as “Parent” on her child’s birth certificate, instead of “Mother,” as she was previously designated.

Are These Our Only Choices?

McLaughlin argued to the trial court that she should continue to be listed as “Mother,” and that her ex should be listed as “Legal Parent” or “Legal Mother.” Ouch. Might as well thrown in “Lesser Parent” or “Lesser Mother.”

The ex, Suzan Swanson, argued that they should both be equally listed as “Mother.” However, because the forms published by the Arizona Department of Health Services (ADHS) only have the options of “Mother/Father” or “Parent/Parent,” she asked that, in the alternative, both parents be designed at “Parent.” The trial court granted Swanson’s alternative request, noting that in “an ideal world, the field identifiers available for birth certificates should reflect all possible circumstances of the birth of a child.” But, the judge held, because ADHS was not a party to the action, the court could not modify the identifiers used in those forms.

A Constitutional Violation?

On appeal, McLaughlin argued that the court was punishing her for previously being married to a woman — stripping her of her “Mother” designation on her child’s birth certificate in violation of her Fourteenth Amendment right to equal protection. The Court of Appeals declined to address whether there had, in fact, been a violation of McLaughlin’s Constitutional rights. Instead, the Court found that the Arizona judiciary was authorized by statute to amend birth certificates, and that that authorization was not limited solely to the names that appear on birth certificates. The Court concluded that even without ADHS as a party, it had the authority to amend parent designators, regardless of the options on ADHS forms. The Court wisely opted to avoid the problematic “Mother/Legal Parent” or “Mother/Legal Mother” option requested by McLaughlin, instead ruling in favor of the equal “Mother/Mother” designation.

I had a chance to catch up with Birth Rights Bar Association President, Indra Lusero, on the importance of legal designators of parent status. Lusero maintains that words used to formally designate someone’s parental identity on legal documents can be extremely important. “This is due at least in part to the history of discrimination against people based on their sexual or gender identity. Being named with dignity, accuracy, and in terms accessible to heterosexual or cisgender people is essential to equality and justice.”

Nice job, Grand Canyon State. And a happy Thanksgiving to everyone!


Ellen Trachman is the Managing Attorney of Trachman Law Center, LLC, a Denver-based law firm specializing in assisted reproductive technology law, and co-host of the podcast I Want To Put A Baby In You. You can reach her at babies@abovethelaw.com.