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Monday, February 11, 2008

Putting Candidates Under the Videoscope

Putting Candidates Under the Videoscope

ABC News

"Off-air reporters" like Eloise Harper produce many video clips of candidates.

Published: February 11, 2008

One late night last November, Mitt Romney, campaigning in Greenville, S.C., was approached by three young women in bright matching outfits looking for a hug. Mr. Romney, thinking they were cheerleaders from nearby Clemson University, obliged.

Skip to next paragraph
ABC News

Candid moments on the campaign trail. Above, Sen. Hillary Clinton with an Elvis impersonator and John Edwards pointing at an ABC reporter.

The young women worked at a Hooters restaurant. Unfortunately for Mr. Romney, Scott Conroy, who works for CBS News, filmed the hug with his Sony hand-held camera and sent the image to the television network's political desk in New York. The video was published online the next morning. "You're standing there doing your job, and all of a sudden Mitt Romney's hugging Hooters girls. It's one of the times you're glad you're filming," Mr. Conroy recalled.

Mr. Conroy, whose job title is "off-air reporter," (because he does not normally appear on television) is one of many young journalists hired by the networks to follow the candidates across the country, filing video and blog posts as they go. Originally hired to cut expenses — their cost is a fraction of a full television crew's — these reporters, also called "embeds," have produced a staggering amount of content, especially video. And in this election cycle, for the first time, they are able to edit and transmit video on the fly.

As a result, the embeds have changed the dynamic of this year's election, making every unplugged and unscripted moment on the campaign trail available for all to see. One particular video shot of American flags tilting over behind Hillary Rodham Clinton last November has been viewed more than 300,000 times on the ABC News Web site. A video of the Fox News host Bill O'Reilly shoving a member of Barack Obama's staff at a New Hampshire campaign rally has drawn almost 150,000 views on YouTube.

"There have always been cameras around campaigns. What is different now is how much more portable they've become and how much more prevalent," said Eric Fehrnstrom, who was the traveling press secretary for Mr. Romney's campaign until the Republican candidate dropped out last week.

Through cable television, network news sites and video sharing sites, these unexpected and unguarded moments at rallies and during campaign stops have become part of the narrative of the election. The campaigns themselves are well aware of how video clips can magnify a mistake or attach a faux pas permanently to the candidate.

"Whether it's a metaphor for the campaign or just a funny moment from the trail, there's a lot of demand for that kind of stuff," said Aaron Bruns, a political embed for Fox News Channel.

The methods of the off-air reporter trade are also increasingly being used as networks look for new ways to expand coverage while cutting costs.

Bulky satellite transmission units are gradually being replaced by portable broadband-based gear. Last year, ABC News assigned seven young journalists to serve as one-person bureaus in foreign countries where the network had not previously assigned correspondents. Fox News Channel has promoted technology that allows it to broadcast live reports from a moving vehicle.

Athena Jones of NBC News is, at 31, one of the oldest off-air reporters employed by the networks. She summed up the attitude of her colleagues: "We have a lot of mouths to feed. If you feed something in, someone will probably find a place for it in the 24-hour cable news beast."

Until January, off-air reporters like Mr. Conroy and Ms. Jones were the only television producers traveling with the presidential contenders. Since the Iowa caucuses, larger crews have followed the leading candidates to most campaign events, but the off-air reporters still film the rope lines and photo opportunities that are seemingly more intimate events for the candidates. The off-air reporters for ABC even post their itineraries on the social networking Web site Facebook.

"We basically keep our eyes and ears open at all times," said Eloise Harper, the ABC News off-air reporter who shot the video of the flags falling behind Senator Clinton. "We're always watching the candidates."

The emergence of off-air reporters dates to 1988, when the networks sought to save money by sending full TV crews to only some campaign events. Partly because most off-air reporters are relatively young and not members of a union, they create some cost savings for networks.

The off-air reporter role became especially prominent in 2004 when NBC News renamed them "campaign embeds," in an allusion to the embedding of correspondents during the Iraq war. During that election, hand-held cameras became ubiquitous, but the reporters did not have a ready-made outlet for their video.

Four years later, the 2008 presidential campaign is being conducted in the era of YouTube. Spurred by the proliferation of inexpensive hand-held video cameras and broadband Internet access, the dispatches that were once distributed internally are now published on blogs, and the video clips that would have wound up on the cutting room floor are posted on Web sites.

The ubiquitous camcorders and immediate Internet access do make the campaigns more wary of potential pitfalls. If a candidate becomes irritated during a newspaper reporter's interview, the instance may merit only a sentence in the next day's article. But if the exchange takes place in front of video cameras, "It gets put on the Internet for the whole world to see, not just for that day's news, but repeatedly over time," Mr. Fehrnstrom said.

Stephen Hess, a professor of media and public affairs at The George Washington University, noted that many people now own cellphones with picture- and video-taking abilities.

Saludos
Rodrigo González Fernández
DIPLOMADO EN RSE DE LA ONU
www.Consultajuridicachile.blogspot.com
www.lobbyingchile.blogspot.com
www.el-observatorio-politico.blogspot.com
Renato Sánchez 3586
teléfono: 5839786
e-mail rogofe47@mi.cl
Santiago-Chile
 
Soliciten nuestros cursos de capacitación   y asesorías a nivel internacional y están disponibles para OTEC Y OTIC en Chile

Breaking News Alert

Breaking News Alert
The New York Times
Sunday, February 10, 2008 -- 7:58 PM ET
-----

Obama Wins Maine, Giving Him 4 Victories in Weekend

Senator Barack Obama defeated Senator Hillary Rodham Clinton
in the Maine caucuses on Sunday, giving him his fourth
victory this weekend as he headed into three more state
contests on Tuesday.

Voter turnout in parts of Maine was reported to be strong on
Sunday afternoon, despite a snowstorm. The Portland Press
Herald reported on its Web site that there were long lines at
the caucus in Portland, while a large crowd in Cape Elizabeth
delayed the start of the caucus there by more than an hour.

Read More:
http://www.nytimes.com/?emc=na

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Saludos
Rodrigo González Fernández
DIPLOMADO EN RSE DE LA ONU
www.Consultajuridicachile.blogspot.com
www.lobbyingchile.blogspot.com
www.el-observatorio-politico.blogspot.com
Renato Sánchez 3586
teléfono: 5839786
e-mail rogofe47@mi.cl
Santiago-Chile
 
Soliciten nuestros cursos de capacitación   y asesorías a nivel internacional y están disponibles para OTEC Y OTIC en Chile

Sunday, February 10, 2008

Bringing Laterals Onboard


Bringing Laterals Onboard

Bruce MacEwen has a lengthy post about how law firms are bringing laterals into the fold.   Notably, different firms look for different characteristics when bringing in laterals.  Some firms look at capability, rather than clients or book of business, at the recruitment stage.  Others look for laterals with complementary business that can help jump-start a practice area.  One firm, Orrick, uses a "fishbowl approach:"

The fishbowl takes place near the end of recruitment. According to partner Peter Bicks, who heads recruiting efforts in New York, what comes before it is exhaustive. After initial interviews with a lateral candidate, several partners prepare a memo of at least five single-spaced pages, which is shown to both the candidate and to all Orrick partners. The memo covers the candidate's personal background, client relationships, compensation and billings history, and time spent on nonclient matters. It also includes proposed compensation at Orrick and two to three years of economic projections.

From Macewen's perspective, firm culture is most important.  He writes:

Laterals need to be a fit, or their half-life will be nasty, expensive, and short. Invest your own time and that of your most senior colleagues, and indeed, invest the time of everyone who will "touch or concern" the new arrivals.

As with everything else, when it comes to laterals, ultimately, it's all about building and establishing personal relationships.

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Posted by Carolyn Elefant on February 8, 2008 at 01:23 PM | Permalink | Comments (0)

More Fights About Pro Bono Fees

If you're a fan of the tree falling in the forest genre of riddles, consider this one: If a law firm seeks recovery of fees at its standard rates for a case that it originally accepted on a pro bono basis, does the work still count as pro bono?  That's a question that I've twice posted about, here and  here.  And as this National Law Journal story reports, it's a question that crops up with increasing frequency as more large firms seek large fees for pro bono work. 

As the NLJ article describes, Seattle-based law firm Davis Wright Tremaine filed a petition to recover nearly $1.8 million in attorneys fees for representing the plaintiffs in PICs v. Seattle School District.  The plaintiffs successfully challenged the constitutionality of the Seattle Public Schools' (SPS) policy of using race to determine which school students could attend.  The SPS opposes Davis Wright Tremaine's request, arguing that seeking payment is "disingenuous" because the firm held itself out as representing the clients pro bono.  However, Davis Wright defends its position, asserting that its clients asked the firm to pursue recovery of fees, which is a well-established civil rights remedy.

There is precedent for a large fee award, however. Last year, Skadden, Arps, Slate, Meagher & Flom received $1 million in fees in a pro bono suit on behalf of workers who sued a restaurant for failing to pay their tips.  The firm recovered $700,000 for the workers in addition to the $1 million fee award.  Skadden did not keep the fees, but donated the money to nonprofit groups.  Daniel Hochheiser, who represented the restaurant criticized the court's judgment, asserting that:

you also had a large law firm telling everybody that they're doing the case pro bono...
The general understanding of pro bono is that you're volunteering your time and effort without compensation, or without expectation of compensation."

Firms have frequently sought fees for pro bono cases.  But the difference now is that large firm billing rates have skyrocketed.  As such, the amounts sought in pro bono matters today are much greater than they were in the past.  Moreover, with so many more young lawyers desperate for hands-on experience, my own guess is that many pro bono cases are now more heavily staffed by less experienced attorneys, who run up more hours.

I don't have a problem with firms that handle cases pro bono and recover fees that are then donated to a pro bono organization.  Since the firms aren't obtaining a financial benefit, then their work is still fairly characterized as pro bono

At the same time, even if firms perform work pro bono, that shouldn't give them carte blanche for an exhorbitant fee request.  Courts need to closely scrutinize the bills submitted by firms for pro bono work -- particularly because the client isn't paying the bill.  In ordinary situations where a client pays a lawyer, the client's budget limits the size of the bill.  When clients pay, firms can't overstaff or pursue every single deposition or defense because the clients won't always authorize those expenditures.  By contrast, where a firm uses a pro bono matter as training and the client doesn't pay, a bill can easily get out of hand and well exceed what a reasonable client would have paid for the same service.   In awarding fees for pro bono work, the court needs to keep in mind what a reasonable client would have paid for comparable service, and not what a large firm, working on a "sky's the limit" budget ultimately asks for in its fee petition.

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Posted by Carolyn Elefant on February 8, 2008 at 12:59 PM | Permalink | Comments (0)

The Last of the LegalTech Blog Posts

LegalTech New York '08 concluded yesterday, but the blogger dispatches keep coming.  Arnie Herz of Legal Sanity describes his experience at LegalTech in this post, which opens with these remarks:

I'm no Luddite. Some have even suggested that I've hot glued my Blackberry to my hand. Still, I'd be stretching it more than a bit if I called myself a techie. It's my general belief that people should connect more with one another and less with their gadgets.  Nonetheless, yesterday, I found myself happily taking in the sights and sounds of LegalTech New York. Although there was a free breakfast offer, I was actually drawn there to share the company of fellow law.com bloggers, including Carolyn Elefant, Rees Morrison, Robert Ambrogi, Monica Bay.

Visit the rest of Herz's posts to learn about some of the other highlights of the exhibit hall.

In the meantime, at the EDD Blog Online, Jeff Fehrman links to this story on one of the Tech Show e-discovery panels.  One panelist, Andrew Drake, senior counsel for discovery management at Nationwide, expressed disbelief that many in-house counsel did not yet realize that content stored in e-mail constitutes a record that must be preserved for, or produced in e-discovery.  Another panelist, Thomas Lidbury, a partner at Mayer Brown, found that most companies could not figure out how to deal with legal holds on documents, so they wind up retaining backup tapes longer than necessary.  The verdict: Most companies remain either clueless about, or resistant to implementation of an e-discovery compliant document preservation system.

Please let us know whether you enjoyed our live blogging of LegalTech and if you'd be interested in more live content in the future.

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Posted by Carolyn Elefant on February 8, 2008 at 12:39 PM | Permalink | Comments (0)

LTNY 2008: Google Goes to LegalTech, and LegalTech Goes Global

Thursday afternoon marks the end of LegalTech New York 2008, and also of Legal Blog Watch's special coverage of the show. We'll be back to our regularly-scheduled programming Friday, but there's one more LegalTech blogger we need to highlight before we go. Law Department Management's Rees Morrison has been covering the events at the Hilton, and picked up on a few interesting (non-swag related) sights on the show floor.

-- Google was there. The search giant was showing off its Postini software for pre-filtering e-mails, and Rees talked with them about using it in knowledge management efforts. Google acquired Postini last September, and Google's Patent search has been available for some time now. The search giant has done pretty well with its book project, if not without controversy. How long will it be before they get into the legal research space?

-- LegalTech is international. Rees spoke with a Brazilian matter management software company called Tedesco Tecnologia, which has law department clients in 32 countries, he says. We spoke with Glyn Williams, CEO of New Zealand-based Onstream Systems, who told us some of his biggest clients are in Brussels, using legal redaction software in European Union proceedings. It's not enough for vendors to think about clients the next state over anymore. Legal work is global, and its technology must be too.

That's it from LTNY 2008! If you made it to the show, we hope you survived. If you didn't, there's always LegalTech West Coast, coming up June 26-27 in Los Angeles.   

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Posted by John Bringardner on February 7, 2008 at 04:10 PM | Permalink | Comments (0)

LTNY 2008: "EDD Uncertainty Looms Over LegalTech"

"EDD uncertainty looms over LegalTech," writes Law.com technology editor Sean Doherty.

It's no surprise that e-discovery continued to be front and center at LegalTech New York again this year. This persistent emphasis stems from the 2006 amendments to the Federal Rules of Civil Procedure, which bring uncertainty and unpredictability to e-discovery outcomes for corporations and law firms alike.

These same issues have been around since 2006 and before, but Legal Blog Watch's Bob Ambrogi explains in this videocast, "there's a lot of energy around e-discovery, and a lot of refinement of what's going on in e-discovery." Why now? It takes time for new rules to sink in, but well-publicized incidents like the Qualcomm debacle have made a real impact, as has the cost involved. Corporations have decided they don't want to pay inflated prices for their outside counsel to hire temp attorneys for e-discovery work. "'It's a profit opportunity for many firms," Robert Bjornsti, vice president at AXA Equitable Life Insurance Company, told a packed audience at LegalTech New York,' reports Karen Donovan on Portfolio.com.

The AXA executive's speech preached a "new paradigm" for using outside counsel, which he delicately suggested will "affect law firm profitability." Bjornsti told the crowd he wants to be free to hire smaller, cheaper law firms from, say, Peoria, Illinois, rather than be tied to the "marquee" firms in big cities. Marquee firms have the "scale" required for complicated discovery processes, that feature comes at an increasingly unpalatable price: as much as $1,200 an hour for senior partners. Bringing discovery in house opens the door to hiring less-expensive litigators, he said. At any rate, corporations are usually better equipped to handle massive amounts of data than law firms, because corporate IT departments "bigger than the entire law firm, very often," he said.

It's a point not lost on IT teams. InformationWeek's Information Management Blog visited LegalTech, and came back with this lesson: "If your IT department isn't pals with legal, now's the time to strike up a friendship." The goal is to help avoid legal headaches down the line, but the relationship can be a "friendship with benefits," IW says. "The money for e-discovery hardware and software often comes from legal budgets. And the policy and processes that define an e-discovery system can form the groundwork of an information lifecycle management (ILM) strategy—resulting in further efficiencies in storage management." 

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Posted by John Bringardner on February 7, 2008 at 03:34 PM | Permalink | Comments (0)


Saludos
Rodrigo González Fernández
DIPLOMADO EN RSE DE LA ONU
www.Consultajuridicachile.blogspot.com
www.lobbyingchile.blogspot.com
www.el-observatorio-politico.blogspot.com
Renato Sánchez 3586
teléfono: 5839786
e-mail rogofe47@mi.cl
Santiago-Chile
 
Soliciten nuestros cursos de capacitación   y asesorías a nivel internacional y están disponibles para OTEC Y OTIC en Chile

Thursday, February 07, 2008

LTNY 2008: "B-Discovery"

LTNY 2008: "B-Discovery"

Buying, testing and talking new technology is only half the fun of LegalTech, as most regulars can attest. The other half is networking, which comes in many forms. Monica Bay gives some practical advice in this West videocast. But there's still plenty of time to swap business cards off the show floor using one of our favorite technologies, "B-discovery." As in bar discovery. Mark Reichenbach gives us the lowdown on B-discovery, alongside a few notes on rude New Yorkers, while Chris Dale discovers LegalTech (and a pint of Guinness) can make a Brit feel right at home in the Big Apple.

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Posted by John Bringardner on February 6, 2008 at 01:55 PM | Permalink | Comments (0)

LTNY 2008: LegalTech Seminar -- "Authenticating Digital Evidence"

After a brief departure, we're right back on the EDD bandwagon. LTN's newest editor, Katie Montgomery, reports from this morning's seminar, "Authenticating Digital Evidence," presented by Neil Aresty and Jason Velasco, both of Merrill Legal Solutions; Michael Arkfeld, of Arkfeld and Associates; Paul W. Grimm, Chief Magistrate Judge of the U.S. District Court in Maryland; George Paul, a partner at Lewis & Roca in Phoenix and chair of the firm's E-Discovery and Data Management Group; and Leslie Wharton of Arnold & Porter

Because digital data (and its metadata) can be tampered with, providing reasonable proof that a document can be authenticated rests on more traditional witnesses and circumstances as well as with the IT experts (Paul Grimm has written a book on it). Leslie Wharton noted that "the threshold for establishing authenticity is very low"--a witness noting that they recall sending or receiving an email is often sufficient.  Still, you don't want to get caught out when it's crucial that you be able to make your case, so don't discount metadata as an important way to support the veracity of a file. 

Of course, you've still got to make sure no one has messed with your metadata.

             
                       Sphere: Related Content

Posted by John Bringardner on February 6, 2008 at 01:14 PM | Permalink | Comments (0)

LTNY 2008: Tired of EDD? Try Intrasocial Networking

Ross Ipsa Loquitor's Ross Kodner is tired of e-discovery-all-the-time, and he's not alone

It's probably not particularly hip to say this, but I'm really tired of all the emphasis on the ED topic - all ED, all the time. It just sucks the oxygen out of so many other important legal technology topics. Many lawyers just don't deal with it (maybe they should, but in mainstream legal America, especially in smaller firms who still do represent the largest base of legal population, it's just not in the center of people's radar screens).

In spite of his choice of acronym for electronic discovery (there's a reason  we throw in that otherwise superfluous "D" for data to make it "EDD"), Kodner makes a good point: There are other topics in legal technology that are just as important -- or more so -- for most lawyers. So what got Ross most excited at the show yesterday? "Of all companies, it was Microsoft."

I sat in on a Microsoft session entitled, "SharePoint 2007 for Service Delivery and Handshake Software's DM Director." Now, I'm as intrigued by the SharePoint concept as the next legal techie. I know it's probably important, but not entirely sure of exactly what it is, does, who would want it, etc. Well, I'm no longer in the dark and I'm ready to drink the SharePoint Kool-Aid from the nearest fire-hose. What I saw in that 45 minutes this afternoon was nothing short of a freaking complete revolution in the way law practices can be electronically managed. Pardon the hyperbole, but I really mean it. Gad.

Kodner's buzz-phrase for 2008: "intrasocial networking." He has seen the future, "powered by very clever people at Microsoft" -- a company once known for being utterly clueless about the legal market. Who knew?

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Posted by John Bringardner on February 6, 2008 at 10:19 AM | Permalink | Comments (2)

LTNY 2008: Day One Reports

Law.com technology editor Sean Doherty has his first report online now. It's no surprise, but e-discovery took center stage.

Ltnyallman_003_2EDD consultant and former Mayer Brown counsel Thomas Allman (left) kicked off the show discussing rule-making and best practices in e-discovery. EDD is "exploding in direct proportion to the amount of electronically stored information available in litigation -- and is being fueled by the tremendous growth of e-mail as a business record," Doherty writes. The buzzwords for 2008 are already in: "collaboration" and "proportionality.'" Doherty also managed to get onto the show floor to meet with EDD vendors, and even a few non-EDD tech companies (they are in fact out there).

Make sure to check EDD Update, Law Technology News and Information Governance Engagement Area for the latest news on the flood of new product announcements, legal tech company mergers and show reports coming out of the Hilton. 

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Posted by John Bringardner on February 6, 2008 at 09:05 AM | Permalink | Comments (0)

Saludos
Rodrigo González Fernández
DIPLOMADO EN RSE DE LA ONU
www.Consultajuridicachile.blogspot.com
www.lobbyingchile.blogspot.com
www.el-observatorio-politico.blogspot.com
Renato Sánchez 3586
teléfono: 5839786
e-mail rogofe47@mi.cl
Santiago-Chile
 
Soliciten nuestros cursos de capacitación   y asesorías a nivel internacional y están disponibles para OTEC Y OTIC en Chile

Sunday, January 06, 2008

The Incredible Shrinking NLRB


The Incredible Shrinking NLRB

That's what the Lawyers USA blog DC Dicta calls it, noting that the five-seat National Labor Relations Board will soon be down to only two members, Democrat Wilma B. Liebman and Republican Peter C. Schaumber. Former chairman Robert J. Battista's term expired Dec. 16, and members Peter N. Kirsanow and Dennis P. Walsh are serving in recess appointments that expire this month.

The shrinkage comes after a rocky 2007, the blog notes, "marked by a host of 3-2 decisions divided down party lines, a complaint issued against it by the AFL-CIO which claimed the board was systematically destroying the right of employees to unionize and conduct union activities, and a congressional hearing where members of the Board were called before U.S. lawmakers to explain the situation." Last week, the NLRB issued an announcement saying that the two remaining members would continue to issue decisions and orders by way of a delegation from the full board and that it had delegated temporary authority to the NLRB's general counsel over all litigation matters that would require board authorization.

Meanwhile, at his Employment Law Blog, Willamette law professor Ross Runkel has kicked off a 12-part series of posts examining the NLRB's legacy under President Bush. In the first, he considers the board's back-and-forth debate over whether to extend Weingarten rights to non-union workers. In the second, he discusses the board's December decision  upholding restrictions on the use of company e-mail for non-work solicitations. More to come from Runkel, all of which he will collect on this page.

Posted by Robert J. Ambrogi on January 4, 2008 at 11:02 AM | Permalink | Comments (0)

Saludos
Rodrigo González Fernández
DIPLOMADO EN RSE DE LA ONU
www.Consultajuridicachile.blogspot.com
www.lobbyingchile.blogspot.com
www.el-observatorio-politico.blogspot.com
Renato Sánchez 3586
teléfono: 5839786
e-mail rogofe47@mi.cl
Santiago-Chile
 
Soliciten nuestros cursos de capacitación   y asesorías a nivel internacional y están disponibles para OTEC Y OTIC en Chile

Friday, January 04, 2008

Recent Posts fon legal blog watch

Saludos
Rodrigo González Fernández
DIPLOMADO EN RSE DE LA ONU
www.Consultajuridicachile.blogspot.com
www.lobbyingchile.blogspot.com
www.el-observatorio-politico.blogspot.com
Renato Sánchez 3586
teléfono: 5839786
e-mail rogofe47@mi.cl
Santiago-Chile
 
Soliciten nuestros cursos de capacitación   y asesorías a nivel internacional y están disponibles para OTEC Y OTIC en Chile

from legal blog wath


Time Again for More Criticism of the Billable Hour

It's one thing for lawyers to criticize the billable hour amongst themselves, as Scott Turow did with the publication of his essay, "The Billable Hour Must Die," in the ABA Journal.  But now, the debate over the billable hour has spilled over from lawyer publications into the mainstream press, with articles such as "The Scourge of the Billable Hour: Could Law-Firm Clients Finally Kill it Off?," that appeared online at Slate.com on January 2, 2008. 

The Slate piece makes an important, albeit obvious point: Despite persistent criticism of the billable hour by academics, lawyers and bloggers, the system won't change until clients demand a change. And according to the article, that's what clients are doing now.

As the article describes, clients' desires have always driven law firm billing practices. Hourly billing gained traction in the 1950s, partly to cater to clients who wanted more transparency. But law firms also realized that they could earn more money by billing more hours -- and thus, began increasing billable hour requirements and finding ways to encourage redundancy rather than efficiency. But now, tired of subsidizing law firm gravy trains, large corporate clients are forcing firms to offer alternative billing arrangements, such as flat fees, volume discounts and banning new associates from working on matters.

From the article, here's how the legal world might look if the trend away from the billable hour continues:

The top end of the spectrum will remain largely unchanged. Companies will still pay hourly rates to hire white-shoe law firms for specialized, bet-your-company kinds of work. On the opposite end, however, clients will stop taking their rote legal work to law firms altogether. Companies already outsource relatively simple matters like document review to consulting services. And as technology improves, more programs will let companies handle their own contracts online. In the murky middle between one-of-a-kind advice and dime-a-dozen contracts, the push for alternative arrangements will prevail.

In some ways, the legal world is changing already, and moving in this direction. As we described here, one Boston law firm has banned the billable hour entirely.  And as Indiana family law attorney Sam Hasler describes in this comprehensive post, many family law attorneys have adopted flat fee structures, finding that clients prefer these arrangements because they result in more predictable legal fees. 

At the same time, for every step forward, there are forces that hold the profession back. Old habits die hard, suggests Stephanie West Allen at Idealawg.  The lawyer brain, accustomed to grueling schedules and prone to workaholism, may resist the killing of the billable hour. Meanwhile, Barry Barnett at Blawgletter suggests that firms that can't handle this kind of complex litigation without a staff of 59 lawyers won't be offering alternative billing plans (like a contingency fee) anytime soon. 

So, is 2008 the year that we'll really see client pressure on firms to offer alternative billing, as Wired GC predicts?  Or, like the billable hour, is all of the continued talk of getting rid of it, simply redundant?

Posted by Carolyn Elefant on January 3, 2008 at 12:26 PM | Permalink | Comments (1)

Ouch -- D.C. Calls Former Lawyer and Supreme Court Litigator 'Not Indispensable'

"It's not as if one person is indispensable," said D.C. Attorney General Peter Singer to the Washington Post, explaining why his decision to fire Supreme Court litigator, Alan Morrison won't compromise the District's case before the Supreme Court in District of Columbia v. Heller. The case will address the question of whether the District's handgun ban violates the Second Amendment.  Ouch!  After all, if a Supreme Court advocate like Morrison, with twenty oral arguments under his belt and who played a substantial role in researching and drafting the District's 15,000 word brief due at the Court tomorrow is regarded as fungible, what hope is there for the rest of us?

As Tony Mauro reports at the Blog of the Legal Times, Morrison speculated that he was fired because he was viewed as a "loyalist" of Nickles' predecessor, Linda Singer, who resigned on December 21.  Nickles did not offer any additional explanation for firing Morrison, except to say that the District had decided to take a different direction in the case.  And to be fair, even without Morrison, the District's Supreme Court team still includes top talent like Tom Goldstein and Walter Dellinger, though apparently both are already booked for arguments in other cases before the Court this month and next.

What do you think?  With this kind of "dream team," does the elimination of one of the players make a difference?  Or will Nickles' decision to bench Morrison midway through the case compromise the District's chance of success at the High Court?

Posted by Carolyn Elefant on January 3, 2008 at 10:44 AM | Permalink | Comments (0)

A Lawyer Sitting With the Sharks

Some lawyer stereotypes -- such as the image of the lawyer as a shark -- are so pervasive that it's easier to embrace them rather than try to erase them.  And that's apparently what Bozeman, Montana family law attorney Chris Gillette decided to do, when he installed an eight ton shark tank in his office.  (H/T to Lowering the Bar.)  Gillette originally planned the shark tank as a joke, but then realized that it could also help create a more comfortable atmosphere for his clients, who are often dealing with stressful situations.  Of course, I don't quite understand Gillette's logic; after all, when I think of a soothing environment, a seat in close proximity to a shark tank doesn't come to mind.  At the same time, I suppose that a shark tank could help family law clients put their problems in perspective by making them realize that, bad as the court process may be, it's still better than being trapped in a tank with carnivorous fish.

In any event, based on this discussion at his Web site, Gillette doesn't seem shark-like at all.  Among other things, Gillette's Web site explains to clients that he acts cooperatively with opposing counsel and will, if appropriate, consider compromises and negotiations even if proposed by the other side. 

Posted by Carolyn Elefant on January 3, 2008 at 10:25 AM | Permalink | Comments (0)

America's Funniest Legal Videos, Online Now

Looking for a few laughs?  Well then, why settle for watching mediocre late-night TV shows that (with the exception of Letterman) remain without their writers, when you can chortle at the superior comedy of lawyers behaving hilariously at The Billable Hour's newly launched Video Venue. (H/T to Monica Bay at the Common Scold.)  According to The Video Venue (TVV), the site features video clips by, for and about lawyers, law students and legal professionals, that "can and will make you laugh, in a court of law or elsewhere." The site already includes over a hundred videos on topics such as billing, ethics, work/life balance and law school. 

To encourage lawyers to submit videos, TVV is running a contest, through January 31, 2008, to find the Funniest Legal Video on the Web, with a $50 gift certificate for the The Billable Hour online store as the grand prize. 

Posted by Carolyn Elefant on January 3, 2008 at 10:17 AM | Permalink | Comments (0)


Saludos
Rodrigo González Fernández
DIPLOMADO EN RSE DE LA ONU
www.Consultajuridicachile.blogspot.com
www.lobbyingchile.blogspot.com
www.el-observatorio-politico.blogspot.com
Renato Sánchez 3586
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e-mail rogofe47@mi.cl
Santiago-Chile
 
Soliciten nuestros cursos de capacitación   y asesorías a nivel internacional y están disponibles para OTEC Y OTIC en Chile

Thursday, January 03, 2008

The Liberal Skew in Higher Education--Posner

The Liberal Skew in Higher Education--Posner

It is no secret that professors at American colleges and universities are much more liberal on average than the American people as a whole. A recent paper by two sociology professors contains a useful history of scholarship on the issue and, more important, reports the results of the most careful survey yet conducted of the ideology of American academics. See Neal Gross and Solon Simmons, "The Social and Political Views of American Professors," Sept. 24, 2007, available at http://www.wjh.harvard.edu/~ngross/lounsbery_9-25.pdf (visited Dec. 29. 2007); and for a useful summary, with comments, including some by Larry Summers, see "The Liberal (and Moderating) Professoriate," Inside Higher Ed, Oct. 8, 2007, available at www.insidehighered.com/news/2007/10/08/politics (visited Dec. 29. 2007).) More than 1,400 full-time professors at a wide variety of institutions of higher education, including community colleges, responded to the survey, representing a 51 percent response rate; and analysis of non-responders indicates that the responders were not a biased sample of the professors surveyed.

In the sample as a whole, 44 percent of professors are liberal, 46 percent moderate or centrist, and only 9 percent conservative. (These are self-descriptions.) The corresponding figures for the American population as a whole, according to public opinion polls, are 18 percent, 49 percent, and 33 percent, suggesting that professors are on average more than twice as liberal, and only half as conservative, as the average American. There are interesting differences within the professoriat, however. The most liberal disciplines are the humanities and the social sciences; only 6 percent of the social-science professors and 15 percent of the humanities professors in the survey voted for Bush in 2004. In contrast, business, medicine and other health sciences, and engineering are much less liberal, and the natural sciences somewhat less so, but they are still more liberal than the nation as a whole; only 32 percent of the business professors voted for Bush--though 52 percent of the health-sciences professors did. In the entire sample, 78 percent voted for Kerry and only 20 percent for Bush.

Liberal-arts colleges and elite universities are even more liberal than other types of institution of higher education. In liberal-arts colleges, the percentages liberal, conservative, and moderate are 62 percent, 4 percent, and 35 percent, respectively; and in elite universities the figures are 44 percent, 4 percent, and 52 percent. Professors in the 26 to 35 year-old age range are less liberal and more moderate (though not more conservative) than older professors, which I attribute to those youngsters' having reached maturity after the collapse of communism. It is thus no surprise that only 1 percent of the young professors describe themselves as "left radicals" or "left activists," compared to 17 percent of those aged 50 or older.

The summary in the Gross-Simmons paper of the previous literature on professorial political leanings finds that, at least since the 1950s, American college and university faculties have been more liberal than the nation as a whole, but that the liberal skew is more extreme today than it was in the 1950s. This is my experience. Between 1955 and 1962 I was a student at Yale College in the humanities and then at the Harvard Law School, and neither the humanities faculty at Yale nor the Harvard Law School faculty was noticeably liberal (the former was actually rather conservative), and I mean by the standards of that era, not by today's standards. Today both institutions are notably liberal, though the present dean of the Harvard Law School has been attempting with considerable success to make her faculty politically more diverse. The Gross-Simmons study notes that the liberal skew is not limited to the United States, but is found in Canada, Britain, and much of Continental Europe, as well.

The survey results raise two questions: What is the explanation for the results? And what are the consequences? I address only the first question.

There is nothing mysterious about the fact that the members of a particular occupational group should have a different political profile from that of the population as a whole. A 1999 survey of U.S. military officers found that 64 percent were Republican, 8 percent Democratic, and 17 percent independent. In contrast, a 2002 study found that 40 percent of journalists are liberal and 25 percent conservative--a breakdown similar to but much less extreme than that of professors.

The conservatism of military officers is easy to understand--conservatives are much more favorable to the use of military force, and to the values of honor, personal courage, discipline, hardiness, and obedience, which are highly prized by the military, than liberals are. And the liberalism of journalists probably reflects the tastes of their readers; in my 2001 book Public Intellectuals: A Study of Decline, I found that the liberal-conservative split among public intellectuals (roughly 2 to 1) corresponded to the ratio of the circulation of liberal newspapers and magazines to the circulation of conservative ones.

It is tempting to conclude that the liberal bias of journalists and professors (especially in the humanities and social sciences) is the same phenomenon--the liberalism of the "intelligentsia," usefully defined by the Merriam-Webster Online Dictionary as "intellectuals who form an artistic, social, or political vanguard or elite." But that just pushes the question back one step: why should an intelligentsia be liberal? Because intellectuals are naturally critical of their society, which in the case of the United States is rather conservative, or at least not "liberal" as academic liberals understand the word? That is not a satisfactory explanation, because a society can be attacked from the Right just as easily as from the Left. Some of the most distinguished intellectuals of the twentieth century attacked social, cultural, political, or economic features of their societies from the Right--think of Martin Heidegger, William Butler Yeats, T. S. Eliot, Friedrich Hayek, and Milton Friedman. Today, in fields such as law, political theory, and economics, there is a vibrant conservative movment--the puzzle is why it is so distinctly a minority movement in the university world. Moreover, our college and university professors, especially those whose interests and background overlap most closely with those of the majority of journalists, appear to be markedly more liberal than journalists, the other major division of the intelligentsia.

One explanatory factor may be that colleges and universities select for people who are comfortable in a quasi-socialistic working environment. Virtually all colleges and universities in the United States are either public or nonprofit, there is usually salary compression within fields, tenure shields professors from the rigors of labor-market competition, and professorial compensation substitutes fringe benefits (such as tenure), leisure, and other nonpecuniary income for high salaries. The ablest academics generally have the highest opportunity costs--the brilliant chemist could get a high-paying job in the private sector, the brilliant law professor could make a lot of money as a practicing lawyer, and so forth--which suggests that the ablest academics attach especially great value to nonpecuniary relative to pecuniary income and hence are likely to feel especially alienated from a capitalist economy.

This may be one reason why elite universities are more liberal than nonelite ones. (The greater liberalism of liberal-arts colleges may just reflect the fact that such colleges employ fewer scientists and engineers, who are less liberal on average than professors in the humanities and the social sciences.) In addition, there is the curious but well-documented fact that Jews are far more liberal than their socio-economic standing would predict; they are also disproportionately found in the faculties of elite colleges and universities. Furthermore, conservatism is associated in many people's minds with religiosity, and faculty in nontechnical fields in elite universities are rarely religious. Catholics and evangelical Christians are underrepresented in such universities. Professors who are conservative in matters of economics, crime control, and national security but liberal with regard to social issues such as abortion rights, homosexual marriage, and separation of church and state would hesitate to describe themselves as conservatives, and many would not vote Republican.

Another factor that may explain the liberal skew in the academy is political discrimination. Academics pick their colleagues, so once a department or school is dominated by liberals, it may discriminate against conservatives and thus increase the percentage of liberals. There is a good deal of anecdotal evidence of such discrimination, but the best test (though hard to "grade" in soft fields) would be whether conservative academics are abler on average than liberal ones. If conservatives are disfavored, they need to be better than liberals to be hired. Political discrimination is less likely to be prevalent in fields in which there are objective performance criteria, which may be why there is a smaller preponderance of liberals in scientific and technical fields.

Related to discrimination is herd behavior, or conformism. Despite their formal commitment to open debate, academics, like other people, do not like to be criticized or otherwise challenged. The sciences, well aware of this tendency, have institutionalized practices, such as peer review, insistence that findings be replicated, and high standards of logical and empirical rigor, that are designed to foster healthy disagreement. These practices are much less common in the humanities and the soft social sciences.

One response to discrimination or herd behavior favoring liberals in academic has been the formation of conservative think tanks; if their professional staffs were added to college and university faculties, the liberal skew would be less extreme, though the difference would not be great.

A further point also related to both discrimination and conformity bias is that once a field acquires a political cast, it will tend henceforth to attract as graduate students and thus as future professors students who share its politics, as otherwise (as Louis Menand pointed out in a comment on the Gross-Simmons study) the students may have difficulty surviving graduate school, obtaining a good starting job, and finally obtaining tenure.

My last point is what might be called the institutionalization of liberal skew by virtue of affirmative action in college admissions. Affirmative action brings in its train political correctness, sensitivity training, multiculturalism, and other attitudes or practices that make a college an uncongenial environment for many conservatives.

For all these reasons, although the weakening of left extremism in college and university faculties can be expected to continue, the liberal skew is unlikely to disappear in the foreseeable future.

Posted by Richard Posner at 05:09 PM | Comments (32) | TrackBack (0)

Events, Field, and the Liberal Skew in Higher Education-Becker


The study by Gross and Simmons discussed by Posner in part confirms what has been found in earlier studies about the greater liberalism of American professors than of the American population as a whole. Their study goes further than previous ones by having an apparently representative sample of professors in all types of colleges and universities, and by giving nuanced and detailed information about attitudes and voting of professors by field of expertise, age, gender, type of college or university, and other useful characteristics. I will try to add to Posner's valuable discussion by concentrating on the effects on academic political attitudes of events in the world, and of their fields of specialization. I also consider whether college teachers have long-lasting influences on the views of their students.

As Posner indicates, the type of persons who go into different fields varies by the characteristics of the field, so that students who become sociologists tend to be more liberal, while those who enter accounting tend to be more conservative-see Table 8 of the Gross-Simmons study on political identification of professors by field. It is also true, however, that the nature of the material analyzed in a field affects the political identification of persons in that field. The late eminent economist George J. Stigler claimed in an article many years ago that the study of economics tends to make the student more conservative because economics emphasizes that the hidden longer run effects of many government policies have much more negative consequences than the initial direct effects. Economists also show how decentralized competitive markets contribute to the general welfare. Similarly, the study of sociology emphasizes the oppressive effects of certain social forces on particular groups, like the less educated and minorities, which influence the attitudes of sociologists toward the prevailing capitalist economic system.

Admittedly, it is difficult to see the connection between the political attitudes of professors in various other fields and the nature of these fields. For example, why do less than 4 percent of historian, according to Gross and Simmons, consider themselves Republicans, whereas 23 percent of nurses do? Perhaps one important factor is that teachers in practical fields, like engineering, nursing, and medicine, see the limitations of what can be accomplished by various types of interventions, whereas those in theoretical fields, like mathematics and literature, can dream of more utopian solutions. Still, the dichotomy between the theoretical and the practical has trouble explaining why a field like history has such liberal academics since many historians deal with various disasters brought about by government ventures.

The differences in political views by age are informative. Generally, younger men and women are more liberal than older ones since age brings experience with the limitations of what can be achieved by grandiose programs. This is captured in the old adage that goes something like "if you are not a socialist when young you have no heart, but if you remain one when you get older you have no brains". Yet Table 15 in Gross and Simmons shows that academics aged 26-35 are significantly less liberal than those aged 50 and older. I suggest that events of the past 30 years are a major reason for this age-reversal on liberal tendencies. The collapse of communism, the growth of the Asian tigers that have emphasized private enterprise and export-oriented policies, the rapid development of China and India after abandoning communism and socialism, respectively, all reduced the attractiveness of Marxist, socialist, and communist ideologies. These events had less effect on the views of older academics since their views were largely determined when older academics were young, but these events had a great influence on attitudes of younger academics since their beliefs were formed while these transforming events were occurring.

Even economists, traditionally more conservative than those in other social sciences, are now much more market oriented and less sympathetic to various forms of government intervention than they were when I was a student many years ago. During the interim, not only did communism, etc collapse, but Keynesian interventionist attitudes also lost favor, and many more studies have shown the harmful effects of different attempts at government interventions in labor and other markets. The retreat among economists from interventionist policies is found not only among American academic economists, but also among younger economists in Europe and Asia, and also to some extent in Latin America. The reason is that the same forces affected economists elsewhere as affected American academic economists. I suspect, but do not have the evidence, that younger academics in other countries are also decidedly less liberal than older ones in other fields as well.

Given the indisputable evidence that professors are liberal, how much influence does that have on the long run attitudes of college students? This is especially relevant since some of the most liberal academic disciplines, like the social sciences and English, have close contact with younger undergraduates. The evidence strongly indicates that whatever the short-term effects of college teachers on the opinions of their students, the long run influence appears to be modest. For example, college graduates, like the rest of the voting population, split their voting evenly between Bush and Kerry. The influence of high incomes (college graduates earn on average much more than others), the more conservative family backgrounds of the typical college student (but less conservative for students at elite colleges), and other life experiences far dominate the mainly forgotten influence of their college teachers.

This evidence does not mean that the liberal bias of professors is of no concern, but rather that professors are much less important in influencing opinions than they like to believe, or then is apparently believed by the many critics on the right of the liberality of professors.

Saludos
Rodrigo González Fernández
DIPLOMADO EN RSE DE LA ONU
www.Consultajuridicachile.blogspot.com
www.lobbyingchile.blogspot.com
www.el-observatorio-politico.blogspot.com
Renato Sánchez 3586
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e-mail rogofe47@mi.cl
Santiago-Chile
 
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Friday, December 28, 2007

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* Former Pakistani Prime Minister Benazir Bhutto Assassinated *

Former Pakistani Prime Minister Benazir Bhutto has been assassinated just
two months after returning to Pakistan from exile. She died after an
apparent suicide attack in the city of Rawalpindi. Bhutto had just addressed
an election rally when gunfire and an explosion occurred. We go to Pakistan
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* Headlines for December 27, 2007 *

Ex-Pakistani Prime Minister Bhutto Assassinated
U.S. Special Forces to Expand Presence in Pakistan
Bush Signs Spending Bill Including $70B For Iraq War
Turkey Praises U.S. For Proving Intel on Northern Iraq
UNICEF: 25,000 Iraqi Children Displaced Each Month
Senate Democrats Block Recess Appointment of Author of Torture Memo
Housing Prices Plummet By Over Six Percent
Investment Banks Dole Out Record $30 Billion in Bonuses
Teenager Dies After Cigna Refused To Pay For Transplant
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www.Consultajuridicachile.blogspot.com
www.lobbyingchile.blogspot.com
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Renato Sánchez 3586
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e-mail rogofe47@mi.cl
Santiago-Chile
 
Soliciten nuestros cursos de capacitación   y asesorías a nivel internacional y están disponibles para OTEC Y OTIC en Chile

Thursday, December 27, 2007

'Pakistan: Bhutto's Death and Impending Elections'

'Pakistan: Bhutto's Death and Impending Elections'
by Neha Viswanathan

Still reeling with the shock, The Emergency Times, which has kept a very close eye on the unfolding political situation in Pakistan, writes

At this tragic moment in the history of Pakistan, we at the Emergency Times are shocked beyond words at this intolerable and brutal act of the murder, along with others, of possibly the most popular leader of our country. No words can adequately condemn this barbaric act, which can only lead to more death and destruction for this tortured land. Her death will leave a gaping chasm in our country's leadership. One can only hope, beyond hope, that the perpetrators are brought to justice.
May God help us all.

Pickled Politics links to the news and a commenter writes "Assassination of leading political figures is a very bad sign for a society, for it shows a clear and direct lack of trust and respect for the institutions of the state and society. One can only hope that the perpetrators are brought to justice."

Some other perspectives have also emerged, looking at Bhutto both as a possible leader and a mover in international politics. Counter Terrorism Blog says

She was someone who the U.S. could actually work with to seek a way forward for Pakistan in light of the profound challenges posed by religious intolerance and political extremism, the drug trade, governmental institutions that do not provide essential services in many areas of the country, and Pakistan's troubled relationships with of its immediate neighbors -- Afghanistan, India, and Iran.

Her faults were also profound, as the well-documented grand corruption cases brought against her and her husband attest. She did indeed treat her country like it was a family-owned business, with corrosive results. These includied her removal from power in 1990 and again in 1996 as the corruption both weakened her politically and played a significant role in her inability to deliver the reforms needed to make Pakistan's government responsive to the needs of its people

The Moderate Voice has a bio on Benazir Bhutto, including information on her father who was also the Prime Minister of Pakistan, and was sentenced to death in the 70s for charges similar to the ones Benazir faced much later.

From across the border, Indian Muslims comment on the assassination, and debate various conspiracy theories.

The hands of Nawaz Sharif cannot be completely ignored as he too had his reason for her removal: He now is the only national level leader who has experience as a Prime Minister. He is now sure to take over as PM of Pakistan. The chances of this conspiracy are rare but you never know with these opportunistic and individualistic politicians.

Meanwhile, Sepia Mutiny's post on Bhutto's death already has over a hundred comments. One commenter says

One wonders if she truly felt she would be safe in Pakistan. Love of country and desire to contribute aside, is there some shred of a risk-taking thrill inherent in this endeavor she had embarked upon? Some level of martyrlike delusion, however deeply buried? Can any of us imagine being devoted enough to any political cause to risk our life so boldly? Was it worth it, Benazir?

Truly sad. Whither Pakistan?

You may view the latest post at
http://www.globalvoicesonline.org/2007/12/27/pakistan-bhuttos-death-and-impending-elections/

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DIPLOMADO EN RSE DE LA ONU
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www.el-observatorio-politico.blogspot.com
Renato Sánchez 3586
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