Bar Examiners: ‘This Will Be Fine!’ Also Examiners: ‘We Need To Hire The Mass Shooting PR Firm.’

The technical problems with the upcoming online bar exams continue to mount. Over the the last several days, we’ve had whole classes of computers banned, a discriminatory breakdown in facial recognition, and the bar exam just… refusing to answer the phones. In the latter case, it’s not that they don’t want to be answering the phones, it’s that the volume of calls from applicants suffering through technical difficulties now two weeks before this exam have shut them down — which is actually worse.

Faced with these challenges, the bar examiners in California did what any institution would do. They spent a lot of money hiring a crisis management firm.

The LA Daily Journal reports that California hired PR firm Abernathy MacGregor for roughly $48,000. As the use of resources go, that’s probably not going to result in a glitch-free bar exam, but it will address the immediate bar examiner problem of trying to apply tasteful lipstick to this pig.

For the unfamiliar, Abernathy isn’t just a PR firm, it prides itself on representing clients in the throes of complete public relations disasters. Here are some of the cases they trumpet on their website:

* Major Oil Spill

Situation: Three clients were deeply involved with the Deepwater Horizon oil spill, one with the spill itself, all three with the crisis control and community remediation efforts.

*Utility Explosion

Situation: An energy utility’s major multi-fatality explosion resulted in months of daily hammering in news media; multiple regulatory investigations; and filing of civil and criminal charges.

* #MeToo

The Situation: In the wake of a news article that unveiled numerous allegations of sexual harassment and sexual assault by company executives, AMG was hired by the independent investigators charged with looking into the allegations to help manage communications about the highly public process.

* Mass Shooting

The Situation: A movie theater was the site of a tragic mass shooting during a screening of a popular film. Multiple individuals were killed, and several others injured.

So as the California bar examiners explain in one breath that the bar exam will be fine — or, at least they would explain that in one breath if they could answer applicant phone calls at this time — they’re turning right around and spending big money to deal with a disaster that they expect might rival utility explosions in terms of media outcry. Not encouraging.

For the California Supreme Court, this might be a good day to revisit whether or not you’re confident about going forward with this exam when the bar examiners themselves feel they need Olivia Pope on speed dial.


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.

Ruth Bader Ginsburg: The ‘Original’ Fearless Girl

(The Fearless Girl statue now wears a jabot to honor the late Justice Ruth Bader Ginsburg. State Street Global Advisors placed a full-page ad in the New York Times on Saturday using this image in homage to her. The lace jabot came from the RBG costume of a staffer at ad agency McCann New York.)


Staci 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.

Top 5 Tough-As-Nails List About The Late Notorious RBG

Justice Ruth Bader Ginsburg (Photo via Wikimedia Commons)

This album is dedicated to all the teachers that told me I’d never amount to nothing / To all the people that lived above the buildings that I was hustling in front of / Called the police on me when I was just trying to make some money to feed my daughter.” Notorious B.I.G.

On Friday, the indomitable SCOTUS Justice Ruth Bader Ginsburg, 87, succumbed to metastatic pancreatic cancer. We all have a cancer story within our family, friend group, or social network so when we hear of another case where cancer takes the life of a luminary it can shake us to our core.

This week, I would like to pay tribute to the #NotoriousRBG by highlighting some of my favorite facts about her life and legacy. Without further ado, here is my Top 5 T.A.N. List for the late, great RBG:

1. “In a CNN interview, her childhood friends Ann Kittner and Harryette Helsel reminisced about how, prior to Ginsburg’s name being known worldwide, they simply knew her as their friend Kiki.

“Justice Ginsburg, I cannot call Ruth. We call her Kiki,” Helsel said. Ginsburg also has another nickname that proves how badass she is. The Notorious RBG biography mentions that she’s also referred to as T.A.N., which stands for “tough as nails.”

The title was given to her by her long-time personal trainer, Bryant Johnson, who remains in awe of her physical strength. “I mean, she’s not the heaviest or stoutest lady, but she’s tough,” Johnson said. “She works just as hard in the gym as she does on the bench.” Now T.A.N. is even more warranted, considering Ginsburg quickly began working out again soon after being hospitalized for three fractured ribs late [2018]. — Tatiana Tenreyro, Bustle

2. Born in Brooklyn, Ruth Bader went to public schools, where she excelled as a student — and as a baton twirler. By all accounts, it was her mother who was the driving force in her young life, but Celia Bader died of cancer the day before the future justice would graduate from high school.

Then 17, Ruth Bader went on to Cornell University on a full scholarship, where she met Martin (aka “Marty”) Ginsburg. “What made Marty so overwhelmingly attractive to me was that he cared that I had a brain,” she said.

After her graduation, they were married and went off to Fort Sill, Oklahoma, for his military service. There Mrs. Ginsburg, despite scoring high on the civil service exam, could only get a job as a typist, and when she became pregnant, she lost even that job.

Two years later, the couple returned to the East Coast to attend Harvard Law School. She was one of only nine women in a class of more than 500 and found the dean asking her why she was taking up a place that “should go to a man.”

At Harvard, she was the academic star, not her husband. The couple were busy juggling schedules and their toddler when Marty Ginsburg was diagnosed with testicular cancer. Surgeries and aggressive radiation followed.

The experience also taught the future justice that sleep was a luxury. During the year of her husband’s illness, he was only able to eat late at night; after that he would dictate his senior class paper to her. At about 2 a.m., he would go back to sleep, Ruth Bader Ginsburg recalled in an NPR interview. “Then I’d take out the books and start reading what I needed to be prepared for classes the next day.” — Nina Totenberg, NPR

3. Tied for first in her class at Columbia, she was unable to get a job practicing law at a New York firm. But, far from being defeated by discrimination, she decided to study it. She began teaching at Rutgers in 1963; in 1969, the year her second child entered nursery school, she was promoted to full professor, and began volunteering for the A.C.L.U., where she later headed the Women’s Rights Project. In 1972, just two months after the Court handed down its ruling in Reed v. Reed, Ginsburg became the first woman to hold a full professorship at Columbia.

“The only confining thing for me is time,” she told the New York Times. “I’m not going to curtail my activities in any way to please them.” While teaching at Columbia, Ginsburg argued six cases before the Court, and won four. — Jill Lepore, The New Yorker

4. When it came to treating her cancer, the justice said she followed the advice of former colleague Sandra Day O’Connor — who returned to work at the Supreme Court just nine days after her breast cancer diagnosis. “She said when you’re up to chemotherapy, you do it on Friday, Friday afternoon. You’ll get over it over the weekend, and you’ll be able to come to the court on Monday,” Ginsburg told a group of law students in 2009.

“So I’ve been following her advice meticulously.” Ginsburg also routinely brushed off concerns about her health, and dismissed critics who said she should retire. Perhaps the most memorable example came in 2009, when she attended a televised speech by then-President Barack Obama while recovering from pancreatic cancer.

The justice said she made the appearance partially to remind the American public that women sat on the Supreme Court bench, but noted that it was also an effort to prove wrong then-Kentucky Sen. Jim Bunning, who had made derogatory comments about her health. “I also wanted them to see I was alive and well, contrary to that senator who said I’d be dead within nine months,” Ginsburg said at the time. — Jamie Ducharme, TIME

5. Although she was a full-time caregiver to her one-year-old daughter and cancer-patient spouse, Ginsburg graduated valedictorian when she transferred to Columbia. Her appointment as a Supreme Court Justice is an indirect result of sexism. Her outstanding grades were not sufficient to overcome the prejudices of New York law firms, meaning she didn’t get a job and instead pursued a different career path that led her to the highest court in America. Ruth Bader Ginsburg is indomitable: she persevered when men tried to hold her back and went on to change the world for the better.

As evidenced by her early cases — which sought access to reproductive healthcare, pregnancy benefits and equal pay — Ginsburg is determined to secure women’s rights. Having said that, she is not solely concerned with the advancement of her own sex. Another of Ginsburg’s laudable qualities is that she has always strived to overturn civil-rights violations, no matter who they affect. For example, the Justice used her platform to grant the disabled state-funded support in their communities (1999) and legalise gay marriage in all 50 states (2015). Her aim is to expand the ‘We the People’ of the US Constitution so it actually reflects America today, a melting pot of different cultures, religions and sexualities.

Countering the accusation that second-wave feminism is misandrist, Ruth Bader Ginsburg showed how the patriarchy negatively impacts men and women. “I did see myself as a kind of kindergarten teacher in those days,” she says, reflecting on her first experiences as a lawyer in RBG. “The judges didn’t think that sex discrimination existed.” She shrewdly decided that the second case she would take to the Supreme Court would be that of the widowed father Stephen Wisenfeld, who was denied childcare benefits purely because he was a male caregiver. — Yasmin Omar, Harper’s Bazaar

The moniker Notorious RBG took root while I was in law school. By 2015, authors Irin Carmon and Shana Knizhnik put pen to pad and dropped the Notorious RBG as an official book title and unofficial anthem of one of the greatest SCOTUS Justices in history. And definitely the flyest with some of the most iconic quotes in the game.

For those in need of a little inspiration during this trying period, I highly recommend Carmon’s and Knizhnik’s book on the legal luminary of our times.

Rest In Power Ruth Bader Ginsburg — may your memories inspire the next generation.


Renwei Chung is the Diversity Columnist at Above the Law. You can contact Renwei by email at projectrenwei@gmail.com, follow him on Twitter (@renweichung), or connect with him on LinkedIn

Steve Cohen Takes Gender Discrimination Off List Of Reasons Not To Let Him Buy Mets

Morning Docket: 09.21.20

* Dr. Dre’s estranged wife has filed a lawsuit claiming she co-owns the trademark to his name. Maybe she owns the “Dr.” part… [Yahoo News]

* Julian Assange was allegedly offered a presidential pardon in exchange for revealing the source of leaked Democratic National Committee emails. [Bloomberg Law]

* A Florida attorney is in hot water over allegedly misappropriating client funds. [Daily Business Review]

* An attorney has apparently gone from making $700,000 a year to $30,000 a year as an Amazon warehouse worker because of the ongoing pandemic. [Connecticut Law Tribune]

* TikTok has filed additional legal action to block President Trump’s ban on the app. Maybe they should consider serving process through Twitter… [Washington Post]


Jordan 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 jordan@rothmanlawyer.com.

Ruth Bader Ginsburg Dies And Creates A Constitutional Crisis

Justice Ruth Bader Ginsburg (Photo via Wikimedia Commons)

The obituary of one of the greatest Americans in history will have to wait. For now, tragically, we have to deal with the fact that we live in a state of perpetual constitutional crisis. Merrick Garland couldn’t be confirmed because an election may come in 250 some odd days. And yet Mitch McConnell will confirm Amy Coney Barrett to this Supreme Court slot in a lame duck session before losing the Senate because… reasons.

In a normal, rational Republic we would be honoring a woman who spent her life advocating for the ideals that America is — in its imagination at least — founded upon. A future of equal treatment under the law.

Unfortunately, we’re here… having to preempt this by pointing out that we’re about to have a railroad attempt to exact the final revenge of “Marbury v. Madison.” Andrew Jackson’s last win over Justice Marshall will be to pack the courts at the dying moment of his most recent mouthpiece’s ideology of backward supremacy the way Marshall tried to check Jackson’s. This shouldn’t be her legacy.

RIP Justice Ginsburg.


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.

How Much Richer Will Law School Grads Be If They Work For A Firm?

Ed. Note: Welcome to our daily feature Trivia Question of the Day!

According to data collected by NALP for the law school class of 2019, what is the difference between the overall mean salary for graduates and the mean salary at law firms?

Hint: Firm life may not be your dream (or maybe it is, idk), but it will help you pay off your loans faster.

See the answer on the next page.

Money Is The Gender Reveal In Corporate America

FACT: Women are making pennies on the dollar.

It is worse for women of color.


Olga V. Mack is the CEO of Parley Pro, a next-generation contract management company that has pioneered online negotiation technology. Olga embraces legal innovation and had dedicated her career to improving and shaping the future of law. She is convinced that the legal profession will emerge even stronger, more resilient, and more inclusive than before by embracing technology. Olga is also an award-winning general counsel, operations professional, startup advisor, public speaker, adjunct professor, and entrepreneur. She founded the Women Serve on Boards movement that advocates for women to participate on corporate boards of Fortune 500 companies. She authored Get on Board: Earning Your Ticket to a Corporate Board Seat and Fundamentals of Smart Contract Security. You can follow Olga on Twitter @olgavmack

To Others, The Visuals Matter — Your Creativity, Not So Much

When you’ve presented your closing argument to the jury with reference to a summary chart, they may have no idea how creative you were in finding the particular claim or defense that got you to this point. When you make a seemingly perfect, pithy argument regarding a case distinction in your brief, the judge or her clerk reading your brief may have no idea how hard it was to find that seemingly on-point case. When you surprise your deponent with a particularly tough email he has to answer questions about, he may not realize that this email didn’t jump out in the review and even appears to have been intentionally buried by the deponent’s counsel so that it was hard to find.

But the jury will notice the typo in the chart. The clerk will cringe to see you didn’t use the official reporter to reference the case. And the deponent and his lawyer will chuckle when you stand up and your fly is open.

These anecdotes are silly, except I based them all on real-life examples (thankfully, these happened to other people, but I can only write “thankfully” because I probably didn’t notice my own typos or sartorial miscues in similar situations). And, I promise you, the audience in each case judged the lawyer even though, as noted, the lawyer and her colleagues may have done a fantastic job of being creative, thoughtful, and simply working extremely hard. My colleagues and I know that those are what wins — very thoughtful work and very hard work. But we also know that we are not judged on that hard work or creativity since it often doesn’t come through. And, to a huge degree, that’s okay — we are not here to stroke egos. We are here to win for our clients.

However, we will be judged — and this can interfere with winning — by how we present ourselves. It may not be fair. Indeed, many of the ancients complained at how unfair it was that beauty gave advantage (even as they often fell over themselves lauding it). But life isn’t fair. The nearly 200,000 deaths (so far) in the United States that have been caused by COVID-19, with massive overrepresentation among the poor, among Blacks and Hispanics, and among those who didn’t have adequate healthcare access, are a growing testament to how life is not fair.

Your job as a trial lawyer is not to whine about the unfairness of life, but (frankly, be grateful for how good you have it) figure out how to serve your clients and win, acknowledging that you make your arguments, you build your case, you try your matters to juries and judges and arbitrators, in this real, if unfair, world that focuses on the visual. This is a world where you must always be aware of how your work appears.

More than one new staffer at our firm either marvels or expresses horror at how frankly anal we can be when it comes to the filing process or even when simply submitting a letter to an adversary. I wish I could say we never make mistakes. But we make few, and we pay attention to appearance since we — and, thus, in too many ways, our clients and our positions — will be judged by appearance. To be clear, what I’m calling “appearance” can be more than just how pretty something looks. For example, a typo is not simply bad because it makes you look bad. And it’s not bad since your point is unclear — relatively few typos are so bad that the reader doesn’t understand the point. But the reader gets slowed down and can miss the argument, or at least not get the point as persuasively, since that reader got stopped by your typo. Appearance matters in all parts of a trial lawyer’s world since all of our work in the end is for some other audience.

Keep being creative and thoughtful. Keep working very hard. But make sure you also do all of that while being aware always of how you work, and how you appear, so that you can win for clients.


john-balestriereJohn Balestriere is an entrepreneurial trial lawyer who founded his firm after working as a prosecutor and litigator at a small firm. He is a partner at trial and investigations law firm Balestriere Fariello in New York, where he and his colleagues represent domestic and international clients in litigation, arbitration, appeals, and investigations. You can reach him by email at john.g.balestriere@balestrierefariello.com.