Biglaw Chair Opens Up About His Struggles With Alcoholism

I stand before you as an alcoholic with 31 years of sobriety. I’ve never talked publicly about it.

—Husch Blackwell Chairman Greg Smith opened up about his addiction issues at the firm’s 2019 partner retreat. He went on to note, “Drinking was so much a part of the fabric of my everyday life, socially and professionally. How in the world was I going to succeed if I was not drinking as I had before?” But Smith found that by putting his career on the back burner for a year he had the time to begin treatment, “The shocking thing about this was how much my professional life improved without me trying… Basically, when you acknowledge your humanity and flaws, when you subjugate your ego and you try to live a balanced life, it’s amazing how much better an adviser, a trusted confidant you are to the people you represent.”

Smith also emphasized the importance of talking openly about addiction issues in the legal profession, “We have to quit whispering about this problem. I can’t tell you how many people talked to me about their own issues. Once you pull the curtain back, it’s a whole different environment. I think it’s important for people in leadership positions to talk about this.”

Wells Fargo May Finally Get To Spend That Rainy Day Fund

Atrium Pivots Away From The Shadow Of Clearspire

Legal tech prodigy Atrium surprised the industry last month when it announced it was drastically cutting back the number of attorneys on staff. Atrium had raised over $75M in venture capital to date, making this contraction and realignment of a core component of its business model both shocking and potentially ominous.

The move reminded me immediately of the collapse of Clearspire, the ambitious hybrid legal tech company/law firm that Atrium’s own business model owes an undeniable debt to. The similarities of those companies, and their key differences, may prove crucial to Atrium’s continued survival.

The Law Firm Everyone Loved And No One Hired

There’s no better history of Clearspire’s rise and fall than the post-mortem penned by Clearspire founder Mark Cohen himself, who I also interviewed for this piece. The vision of Clearspire was vast. Clearspire was composed of two sister companies, one a traditional law firm intended to handle sophisticated, high-value litigation traditionally reserved for Am Law 100 firms, and the other what we would now see as an Alternative Legal Service Provider aimed at less sophisticated work requiring less or no attorney attention. The two-company system was a creature of necessity, as one of the founders was a non-lawyer and couldn’t own a share of a law firm, and law firms themselves cannot accept equity investment from non-attorneys.

Clearspire had a number of core differentiators. Its biggest asset was an ahead-of-its-time custom technology platform called Coral, one that managed documents and tasks for attorneys while also giving clients transparent access to what their dollars were paying for and instant updates as tasks were accomplished. Clearspire leaned heavily on flat-rate representations, broken out into detailed Statements of Work, which are the norm in many industries but almost alien to the billable-hour dominated legal vertical. Clearspire eschewed significant real estate investment, adopting what today would be called a virtual law firm model designed to keep overhead low.

Cohen and his partner made their first investments in Clearspire two weeks before Lehman Brothers flamed out and declared bankruptcy. To Cohen and his partner, the timing was perfect. Their product ticked all the boxes that GCs were telling them they wanted as the financial markets collapsed. Clearspire offered transparency and accountability with their Coral platform, gave GCs an alternative to the billable hour nightmare, and offered their clients substantial cost savings over traditional firms. Clearspire should have been precisely the solution that cash-squeezed in-house counsel would be looking for.

It was a beautiful theory undone by ugly facts. While GCs were personally enthused by Clearspire’s concepts, the financial crash that made Clearspire’s pricing attractive also made its lack of proven track record a liability. Per Cohen, “nobody ever got fired for hiring IBM.” GCs preferred staying with traditional firms over risking their jobs hiring an unproven concept. GC’s also struggled with evaluating Clearspire’s flat fee pricing, choosing instead to cling to the familiar billable hour devil they hated, but knew.

Clearspire’s law firm struggled for traction. Per Cohen, he pushed his partner to pivot the company and focus on selling its Coral product to the many customers who expressed interest. The company ultimately refused to compromise its vision and stayed focused on the floundering law firm model. After four years, and roughly $7M in capital invested, Clearspire shut down operations in 2012.

Atrium’s Response

A decade after the fall of Clearspire, Atrium’s model reads as both a descendent of, and a direct reaction to, that company’s strengths and failures. Atrium is the brainchild of Justin Kan, the coder who founded and sold the e-sports streaming juggernaut Twitch. (I emailed Kan to request an interview, but as of press date have not received a response.)

Atrium borrowed Clearspire’s two-company model, with a tech company on one side and a traditional law firm on the other. It also borrowed Clearspire’s focus on a proprietary tech platform, one intended to lower costs, add client value, and facilitate legal team communication.

While the bones of Atrium owed a debt to Clearspire, the business plan was markedly different. Rather than target the risk-averse GCs of Fortune 500 clients like Clearspire, Atrium focused heavily on advising the startup industry, which should theoretically be more ready to embrace an unproven disruptor like Atrium. Instead of flat fees based on discrete tasks, Atrium offered its tech platform and limited access to its law firm attorneys for a $500/month membership, with additional firm services being available for additional fees.

In some respects, the changes to the Clearspire model worked. Customers appear to have flocked to Atrium to a problematic degree. Clearspire had a platform customers loved married to a firm they didn’t want to take a risk on. Atrium potentially has the opposite problem. Its tech by some reports is still maturing, but clients adored the flat rate for access to law firm attorneys. For less than an hour of attorney time at a traditional Biglaw firm, cash-strapped start-ups could squeeze large amounts of work and advice from Atrium’s lawyers. One Atrium client is reported as saying the law firm side of Atrium was very likely losing money on them based on the amount of free advice they received from their deal.

Atrium appears to have recognized that its law firm component is unprofitable. It laid off an undisclosed number of lawyers, offering to move them to its network of outside counsel to refer clients to. All indications are that Atrium is shifting its focus almost completely to the tech platform side of its company. The question now is whether the customer base they built off of underpriced attorney services will stick around for the tech platform alone.

To Clearspire founder Cohen, the move is unsurprising. “I’ve never known anybody, at least on this side of the Atlantic, who’s invested anywhere near $75 million into a small fledgling law firm. The money was clearly invested as a tech play, and I suspect that the investors got a little impatient and said ‘Let’s just forget this law firm that’s not making any money and just make this into a pure platform play.’”

History doesn’t repeat, but it often rhymes. Both Atrium and Clearspire grafted traditional law firm models onto tech platforms, to poor results. Clearspire failed as a company because it held onto its law firm aspirations too long, and didn’t leverage the platform its clients desperately wanted access to. Atrium is making the pivot, but only time will tell whether its platform is robust or different enough to hold onto its customers now that one of their key value adds is gone.


James Goodnow

James Goodnow is an attorneycommentator, and Above the Law columnist. He is a graduate of Harvard Law School and is the managing partner of NLJ 250 firm Fennemore Craig. He is the co-author of Motivating Millennials, which hit number one on Amazon in the business management new release category. As a practitioner, he and his colleagues created a tech-based plaintiffs’ practice and business model. You can connect with James on Twitter (@JamesGoodnow) or by emailing him at James@JamesGoodnow.com.

Mind Shift


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. Olga founded the Women Serve on Boards movement that advocates for women to participate on corporate boards of Fortune 500 companies. Olga also co-founded SunLaw, an organization dedicated to preparing women in-house attorneys to become general counsels and legal leaders, and WISE to help female law firm partners become rainmakers. She authored Get on Board: Earning Your Ticket to a Corporate Board Seat and Fundamentals of Smart Contract Security. You can email Olga at olga@olgamack.com or follow her on Twitter @olgavmack. 

Will Your Firm Make You Partner? | Lateral Link

If, over the last twenty years, you prognosticated that each subsequent year would be more difficult to make partner than the previous year, you would be just about right.

Over the last twenty years, law firm leverage – the ratio between equity partners and all other attorneys – has increased every year, bar two. During this period, the number of equity partners has increased by a paltry 27%, while the number of “all other attorneys” has increased by nearly 77%. This has tilted leverage to a new high of 3.144 – up 57% from 2.13 in 1999.

For senior associates vying for partner positions, firms have become increasingly focused on business potential and less so on an associate’s ability to outclass others in the courtroom or at the negotiating table.

In the days of yore, the partner track in Biglaw was oftentimes a reward for consistent competence and professionalism. In an era of PPP and RPL, most firms (other than the Cravath, Wachtell, or Simpson Thacher types) are less likely to promote associates unless they see real revenue-generating potential. A failed promotion represents a substantial opportunity cost in comparison to the fees accrued in a lateral partner search, making the relative certainty of a known and battle-tested commodity much more enticing for many firms.

This growing bottom-heavy structure is an increasing impediment to partnership prospects. Because competition for limited partnership slots is so fierce, associates have to deliberately grow their practice with partnership in mind the minute they step foot in their first firm.

There is no one “right” way to become partner, and we see many of our clients take diametric routes to partnership, however, there is perhaps no factor more important to consider on your route to partnership than if you are at the right firm.

No two firms are alike, and ultimately chasing prestige or pay on the road to partnership can lead to a fatal jackknife off the track. Firms have certain reputations for being promotion or lateral adverse, and lateral metrics back these assumptions.

One telling metric is to determine the ratio of partner promotions to partner laterals.

The data – aggregated from the last two years – is heavily right skewed, with most firms preferring to bringing in lateral partners in lieu of promoting associates. What does this mean for you? Oftentimes, the best way to be promoted, is to move firms.

Another useful metric is looking at how a firm’s recent promotions compares to the number of associates they have. In an ideal world, we would track each associates outcome over a representative period, but that data is not available. However, since associate ranks are relatively stable year to year, we can generalize from the available data.

One important thing to note, is that these are percentages for a two-year period, meaning that Honigman didn’t promote 40% of their attorneys to partner over the last year. A larger period was chosen to avoid any idiosyncrasies in any one year of data. Nonetheless, the metric can be valuable in comparing firms. The distribution for this metric is much more normally distributed, though still somewhat right-skewed.

The last metric we chose to look at was the partner to counsel promotion rate. As leverage has increased, firms have co-opted the counsel role to punt on making the difficult decision of whether to promote an associate to partner, or to discard the investment they have made in an attorney by letting them go. That’s not to say everyone who is a counsel is a counsel for that reason, but its use in this manner is trending up. By looking at the ratio of partner promotions to counsel promotions for any given year, we can see whether a firm is particularly inclined towards promoting to one role over the other.

These three metrics on their own are useful, but to give them more power, we calculated how many standard deviations away from the mean each firm was for each metric (z-score). Since larger values correlated with a higher propensity for making partners, we summed each z-score, giving each metric an equal weighting, and created an index to determine the relative preference of each firm for promoting inwards. The index is hampered by the fact that the distributions are not perfectly normal, but the overall trends should give you an idea how your firm ranks relative to others.

Many firms pass up the opportunity to promote a partner-material associate. The list of reasons you may not make partner is exhaustive, from short-term firm finances to relatively strong competition in your class year, but just because your firm does not appreciate your prospects, does not mean that another firm will not. I and my colleagues at Lateral Link are happy to help you determine your chances of making partner at your firm, and help you make an informed decision in this vital stage of your career.

Congratulations To Jim Gorman On Finally Buying Something He’s Wanted To For 20 Years For Some Reason

Trump Accuses Black Juror Of Voodoo Magicking Unanimous Roger Stone Verdict

Image via Getty

“And she’s, I guess, from what I hear, a very strong woman, a very dominant person, so she can get people to do whatever she wants. And she got on, and then she became the foreperson, forewoman, on the jury.”

This is how the president referred to Tomeka Hart, the foreperson of the DC jury which unanimously convicted Roger Stone on seven counts of obstruction, false statements, and witness tampering. She dominated those poor, hapless other jurors and forced them to convict Roger Stone. Obviously.

“And I assume they asked her a question: ‘Do you have any bias?  Do you have any…’  She didn’t say that. So is that a defrauding of the court? You tell me,” Trump continued.

Indeed one would assume that Stone’s counsel worked diligently to weed out jurors with potential bias and demanded that they be struck for cause, particularly since Judge Amy Berman Jackson allowed dozens of jurors to be dismissed at the defense’s request. And yet, as David French pointed out last week, Stone’s lawyer Robert Buschel knew perfectly well that Ms. Hart was a politically active Democrat, and he didn’t care.

Here’s the sum total of their interaction during voir dire.

MR. BUSCHEL: Did you ever work for anyone in Congress?

PROSPECTIVE JUROR: No.

MR. BUSCHEL: You’ve worked on campaigns for Congress people running for Congress?

PROSPECTIVE JUROR: I ran for Congress.

MR. BUSCHEL: You ran for Congress?

PROSPECTIVE JUROR: I worked on my own campaign.

MR. BUSCHEL: And you have friends who worked for other congressmen?

PROSPECTIVE JUROR: Yes.

MR. BUSCHEL: Do you have any political aspirations now?

PROSPECTIVE JUROR: I don’t know, not federal.

MR. BUSCHEL: What might they be?

PROSPECTIVE JUROR: My home state in Tennessee. No local.

MR. BUSCHEL: Just recognize that there might be some media— What are your aspirations?

PROSPECTIVE JUROR: I served, can I just say I served in political office in Memphis in a local office on the school board. So I, one day I wake up and say I run for, you know, office again in Memphis to impact education. One day I wake up and say no way in the world would I do that. So I don’t have an immediate plan to run for office.

MR. BUSCHEL: The fact that you run for an office, you’re affiliated with a political party. Roger Stone is affiliated with the Republican party, Donald Trump. You understand what I’m saying and getting at?

PROSPECTIVE JUROR: I do.

MR. BUSCHEL: How do you feel about that?

MR. KRAVIS: Objection.

THE COURT: Can you make that question a little bit more crisp? Is there anything about his affiliation with the Trump campaign and the Republican party in general that gives you any reason to pause or hesitate or think that you couldn’t fairly evaluate the evidence against him?

PROSPECTIVE JUROR: No.

MR. BUSCHEL: Thank you, ma’am.

THE COURT: All right, you can step out.

R. BUSCHEL: Thank you, ma’am.

THE COURT: All right, you can step out.

(Prospective juror leaves courtroom.)

THE COURT: Mr. Buschel, you have a motion?

MR. BUSCHEL: No.

THE COURT: Okay, let’s bring in the next juror.

So, unless Hart lied on her jury questionnaire Roger Stone’s lawyers already had their shot. Not that fine distinctions like that will stop Donald Trump, noted Law Stuff ‘n’ Jury expert, from accusing her of using those scary brown-lady wiles to force the jury to convict Roger Stone.

But Trump wasn’t done. After insisting that “Stone was never involved in the Trump campaign for President,” which is hilarious since he very publicly fired him in August of 2015, the president went on to opine that his old buddy couldn’t possibly be guilty of witness tampering, because HELLO, NO GUN!

They talk about witness tampering.  But the man that he was tampering didn’t seem to have much of a problem with it.  (Inaudible) think they know each other for years.  And it’s not like the tampering that I see on television when you watch a movie.  That’s called tampering — with guns to people’s heads and lots of other things.

Donald Trump has seen the movies, man. He knows from witness tampering.

Although there is an argument that texting “Prepare to die, cocksucker” to a potential witness is ever so slightly tamper-y. Ditto for threats to take away that witness’s dog. And indeed that witness, whose name is Randy Credico, testified that he was extremely intimidated by Stone’s repeated threats against Credico’s friend Margaret Kunstler if Credico testified truthfully to Congress.

“You are so full of shit. You got nothing. Keep running your mouth and I’ll file a bar complaint against your friend Margaret,” read one message. But there was no gun emoji, so obviously, this doesn’t rise to the level of witness tampering, right?

Anyway, don’t worry that the president is about to pervert the course of justice by pardoning his old friend who lied to congress to obscure the Trump campaign’s contacts with Wikileaks about dumping emails stolen from the DNC by Russian hackers. Well, don’t worry yet.

But I’m not going to do anything in terms of the great powers bestowed upon a President of the United States.  I want the process to play out.  I think that’s the best thing to do, because I’d love to see Roger exonerated, and I’d love to see it happen because I personally think he was treated very unfairly.

He’s not saying that he’s going to pardon Roger Stone right away. But if the legal system fails to produce the result that accords with Tucker Carlson’s informative lectures on Law! How Does That Even Work, Bro?, well, all bets are off.

In other words, Roger Stone will be ringing in the New Year at Mar-a-Lago with Rod Blagojevich and Eddie Gallagher and the entire Trump clan. And you can take that one to the bank.

Is there a Stone Jury Scandal? Not So Fast … [The French Press]
Remarks by President Trump at a Commencement Address at Hope for Prisoners Graduation Ceremony | Las Vegas, NV [WH Press Office]

Zimbabwe’s Thin Line between Child Smuggling and Child Trafficking – The Zimbabwean

A large number of children are regularly transported across Zimbabwe’s borders by women who are not their mothers. Courtesy: Michelle Chifamba

Elton Ndumiso*, a bus-conductor who works the route from Zimbabwe’s capital, Harare, to neighbouring South Africa, sees it all the time: Zimbabwean women travelling with three or four children, who are clearly not their own kids, and taking them across the border.

It’s a crime that most bus drivers or conductors either turn a blind eye to, or become accomplices in by assisting the women. 

Ndumiso told IPS that in many cases some bus drivers and conductors go as far as “talking to” or even bribing border officials, to allow them to let the children and women enter neighbouring countries without regular migration documents.

The practice is not a new one.

“A number of children have been transported by female smugglers to cross the border. Some of the women will be in possession of signed affidavits that claim they are the legal guardians of the children. It is difficult to prove what the intensions of the smugglers would be once they have crossed the border to South Africa,” Ndumiso told IPS.

  • The Parliament of Zimbabwe notes that child trafficking is one of the greatest challenges the country is facing as a result of the prevailing economic conditions.
  • And according to the International Organisation for Migration (IOM) — an intergovernmental United Nations agency that provides services and oversights around migration — there are a number of cases of Zimbabwean parents living in neighbouring countries who pay smugglers to reunite them with their children in their new country.

Ndumiso may not know what risks await the children after they cross the border, but he’s seen cases of children being at risk during the journey as well. He remembered a recent case of a woman who was smuggling four children across the border into South Africa and had lost one of the kids when the bus stopped for a break.

“The young child was eight years old and disappeared in the small mining town of Mvuma in Midlands Province were the bus had stopped for recess. We searched for the child but could not find her. We had to leave the woman at the nearest police and a police report was made,” Ndumiso told IPS, explaining that the woman had claimed she was transporting the children to join their parents in South Africa.

IOM told IPS that despite there being a large number of instances of child smuggling and trafficking across Zimbabwe’s porous borders, these cases still remain unknown and unreported because of the nature of the crime. 

IOM-Zimbabwe head of programmes Ana Medeiros told IPS that this was largely due to the fact that in many cases victims were afraid to speak out and tell their stories.

  • The 2018 Zimbabwe Parliament Committee on Human Rights’ report states that figures about this illicit crime are unavailable.
  • In the report, parliament recorded that in Zimbabwe the crime of child trafficking is difficult to establish as large amounts of money is gathered in the illegal trade to create networks around the world.
  • “These are calculative syndicates who create links within the government and … world to recruit unsuspecting victims who are lured by the need to improve their lives,” read the report.

Head of the Zimbabwe Gender Commission, an independent rights body in this southern African nation, Virginia Muwanigwa, told IPS that very few cases of child trafficking are addressed each year in Zimbabwe as they are difficult to trace.

“In most cases, the traffickers who pay the smugglers to transport the children along the borders are close family members who may have … affidavits and consent from parents or guardians of the children for transportation and may also pay a bribe to border officials,” she explained. 

According to IOM, smuggling is mostly prevalent on the borders of South Africa and Botswana because documents can be forged and people bribed to allow entry without proper documents.

Medeiros, however, was careful to point out that, “smugglers are not traffickers because in most cases they are paid for their service to facilitate the process of smuggling. However, in some cases they may be linked to the traffickers.” The easily porous borders means that the trafficking of children is also prevalent.

“Child trafficking cases are difficult to trace because minors are not responsible for their actions and there is a thin line between smuggling and trafficking. Trafficking is not always clear as many trafficked people may be recorded as migrants in the country of destination,” Medeiros told IPS.

And Medeiros told IPS that when it comes to cases of child trafficking, usually trusted people like church and family members recruited children with promised work or education outside the country where they either ended up in domestic servitude or as sex salves.

“As a result of the nature of the crime, the component of confidentiality when investigating the issues of child trafficking and lack of knowledge on the crime of human trafficking, many families and children fall victim to trafficking, particularly with people who are close to them who are paid by traffickers to recruit young children,” Medeiros told IPS.

IOM is currently supporting Zimbabwe with capacity building and training programmes to educate people on the crime of human trafficking.

“IOM has supported the government through the Ministry of Public Service Labour and Social Welfare and Civil Society Organisations in providing information through promotional materials such as flyers, banners, T-shirts, road-shows throughout the country’s provinces to educate people on trafficking,” Medeiros told IPS.

In addition, the U.N. agency also shelters victims of trafficking, also providing them counselling.

“At the shelters victims receive counselling and share their stories on how they ended up being smuggled or trafficked,” Medeiros added.

The United States Department of State Trafficking in Persons in Zimbabwe says it also provided more than $ 750,000 in assistance for anti-trafficking programmes covering victim services, awareness and referrals, aligning legislation and building mutual capacity.

The Global Sustainability Network ( GSN ), which actively supports the U.N. Sustainable Development Goal 8 of decent work and economic growth, has focused much of its work on eliminating modern slavery. It, however, acknowledges that globally the legal system has failed to put an end to trafficking and that new laws are needed to protect citizens from this.

“The legal system can be the driver for change — so let’s use the instruments already in place — the law firms that are willing to drive change. Initiate any new laws/programmes not as a marketing add-on but a business norm and a business imperative. We need rule of law and safety of citizens in place — civilised society cannot exist without the rule of law in place,” GSN states on its website.

Muwanigwa too wants to see stronger laws in place to protect Zimbabwe’s children.

“There is need for legislation reform as very few cases of child-smuggling or trafficking in persons are investigated. Resource constraints are also the major drawback when it comes to issues of human trafficking in Zimbabwe,” Muwanigwa told IPS.

This is part of a series of features from across the globe on human trafficking. IPS coverage is supported by the Airways Aviation Group.

The Global Sustainability Network ( GSN ) is pursuing the United Nations Sustainable Development Goal number 8 with a special emphasis on Goal 8.7 which ‘takes immediate and effective measures to eradicate forced labour, end modern slavery and human trafficking and secure the prohibition and elimination of the worst forms of child labour, including recruitment and use of child soldiers, and by 2025 end child labour in all its forms’.

The origins of the GSN come from the endeavours of the Joint Declaration of Religious Leaders signed on 2 December 2014. Religious leaders of various faiths, gathered to work together “to defend the dignity and freedom of the human being against the extreme forms of the globalisation of indifference, such us exploitation, forced labour, prostitution, human trafficking” and so forth.

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