Wednesday 29 August 2007

Hurricane Katrina Second Anniversary

Today marks the second anniversary of Hurricane Katrina. That event justifies deviating from blogging about law career matters, and instead reflecting on what happened here in Mississippi on that day.

All day, I inevitably will engage in the same sort of compare-and-contrast thinking as millions of other people. Today it is sunny and warm; two years ago it was raining cats and dogs, and the wind gusts were picking up. Like today, people two years ago here in Jackson, MS (which is three hours inland and was still shut down by the storm) are going about their business--but their business today is business. Two years ago their business was buying water, canned food, batteries and ice. Tonight I will take a hot shower in a cool house; two years ago it was the other way around. (At least we had water; many did not.)

New Orleans received most of the national media coverage, and certainly most of the long-term flooding, but Mississippi was hit hard too and suffered enormously from the storm surge of ocean water. Even six months after the storm, the coast had the feel, to me, of Omaha Beach at Normandy after the D-Day invasion: wreckage everywhere, structures looking like they had been bombed flat, and heavy equipment sitting around. No bodies in sight--but there were the emergency rescue spray-painted symbols on house doors indicating that some had been found inside during the search for survivors. Two years after the storm, more progress has been made--streets are clear, beaches have been cleaned, some businesses are back open, and some residents who left are back--but much, much more progress is needed.

The Gulf Coast's population is about 25% down as of right now, I believe, and not likely to come back anytime soon. Katrina worked irreversible change on the coast, and we will be living with the aftermath for years to come.

For Hurricane Katrina photos and local news coverage, see the following links:

Sunday 26 August 2007

Economic Slowdowns and Associate Salaries

There has been a good deal of talk lately about associate salaries at big firms, and how they continue to go up and up. Most recently, the rumor was that after first-year associate salaries at national firms hit $160,000 this summer, they might hit $190,000 by the end of summer.

But now, things seem to have ground to a halt. Above the Law reports that, in the midst of all this bubble talk, the bottom has dropped out of the corporate law market. Many lawyers at big firms now have nothing to do.

This, of course, is really no surprise. After all, the economy is slowing, or at least teetering, and there is a good deal of concern over the mortgage market and its effect on the economy. The Fed is taking proactive action to avoid recession. Why, in such uncertain times, would companies enter into high-flying deals or initial public offerings? Many wouldn't, of course. Which means that busy, busy corporate departments are no longer so busy.

There are several points worth making here. First, this is certainly not the first time this has happened. In the early 1990s, for example, corporate associates at my first law firm played football in the hallways because there was nothing else to do. No kidding. Like stock market volatility, such market swings have happened before, and they will happen again.

Second, law firm wages are generally sticky downward. So, absent some sort of collective bargaining by associates to reduce associate pay, associate salaries probably will stay where they are. They will not go up, but they won't go down, either. (Bonuses, however, certainly will be reduced or eliminated.) That means some people will be sacked.

On the other hand--and I suppose this is my third point--while associates historically have not voted to reduce their salaries, large salary increases in recent years have led some big firms to implement two associate tracks--one with higher hours and pay, and one with fewer hours and pay, plus a longer track to partnership. It's also worth pointing out that the latter "quality of life" tracks have developed largely at the request of associates. So it might be that some firms would "allow" associates to choose which track they want, as a means to actually reduce salaries. Not much of a choice, but better than outright firings. In such a case, however, I would not expect "official" salaries to drop--just the de facto ones.

Fourth, once things do turn around, law firms will lag in hiring badly needed associates. In recent decades, firms have been very cautious about hiring new associates at the beginning of an economic recovery. Once bitten, twice shy, I suppose. So that means associates at that time will be absolutely swamped with work, even moreso than usual. No more playing football in the halls--but at least there will be more job security.

Fifth, don't forget that the law market is diverse, not uniform. Litigators are probably still very busy, and bankruptcy lawyers may be very busy soon. International trade lawyers are pretty much always busy these days. So not everyone will experience job insecurity or intramural sports in the halls. But since corporate law practices tend to be the primary drivers of industry-wide salary changes, further big salary bumps are likely on hold for at least the near future.

Finally, I fully realize that these pay raise and layoff trends are in the big U.S. markets right now, like NYC, DC, and LA, and not Charlotte, NC or Jackson, MS. But there is a trickle-down effect, and what happens in the bigger markets, if it is pervasive and long-lasting enough, will eventually cause changes in regional markets too. So whether you are a lawyer (or law student) in a big market or not, watch what's going on, because this may just affect you.

Wednesday 22 August 2007

Computer Bans Hitting the Mainstream?

I was gratified recently to see an article about laptop bans in college classrooms hit the mainstream--which in this case means my computer's MSN homepage. The article, Laptops: A College Essential, But for Class?, can be linked to here.

Regular readers of this blog know that computer (mis)use in class is a subject of strong interest for me. Recent posts on this topic include the following:

Multicommenting on Multitasking
Multitasking in the Classroom
More on Computer Bans
Computer Bans
Computers in Class

These posts (which are in reverse chronological order) pretty much lay out my thinking on the subject to date.

Why do I find this subject so intriguing? I've been accused of being more concerned with preventing people from "computer doodling" than with being interesting and engaging in front of the class--a cheap shot to be sure, but this is the Internet after all, the domain of the anonymous jab. No, what really draws me to the subject is the fact that I am of two minds about computer use in class. Namely:

Computers are good in class, because they can be used to make class more engaging. In that sense they are at worst a fancy chalkboard for professors, and at best an interactive learning tool.

  • When computers work this way, they can really liven up class. Students can do instant research and contribute to the discussion.

Computers are bad in class, because of the many siren songs they sing (like Internet access, e-mail, IM, movies on DVD, games, etc.).

  • I often take my laptop to faculty meetings, and I hear these songs myself (but heroically resist them).
  • I have actually received e-mails from students that they sent while sitting in class. Which sort of boggles my mind--especially since they told me that in their e-mails! On the one hand, at least they weren't sitting in my class at the time--but since my goal is not to interfere with my colleagues' lectures, that doesn't make me feel much better.

Computers are good in class, because some people take notes better with computers than by hand.

Computers are bad in class, because people do more transcribing of lectures and less listening and engaging in class discussion. I teach at a law school, not a stenography school.

Computers are good in class, because students can IM each other to keep up with the lecture and help each other out when called on.

Computers are bad in class for the same reason.

Computers are bad in class, because when people misuse them, say to watch a movie or surf the web, it is distracting to other students. It is one thing for a student to be distracted by choice, but entirely another for that student to distract others against their will.

What's interesting to me about the MSN piece is that it demonstrates that the subject has gained enough traction to be considered a mainstream issue. Which makes me feel good, since I think about it a lot.

All in all, I have decided to let things lie this year, or at least this fall, given that my views on the matter are in conflict. So computers are allowed in my classes, and many people are using them (hopefully for class purposes). But I do plan to declare "computer free" days and see how that affects class. Whatever happens, it is almost certain that I will be blogging on this subject again sometime soon.

Monday 20 August 2007

Advice to 1Ls at the Start of the School Year

Well, after a busy summer and a few technical difficulties with this blog, I am back. And just in time for the beginning of the school year.

Today thousands of law students had their first classes today, including at my school. For the 1Ls, it is the start of a strange, three-year odyssey. With that in mind, I have decided to point students, and especially new 1Ls, to some of my previous advice about law school. The following are of course not all of my posts about law school--nowhere close--but they are some of the most directly relevant to new 1Ls.

POSTS WITH GENERAL ADVICE FOR 1Ls

Some Advice for Incoming Law Students. This post includes my favorite piece of my own advice--don't read Scott Turow's novel One L until after you have finished your first year of law school. Even though law schools today are kindler and gentler than the law schools of the 1970s about which Turow wrote, there's enough commonality to scare you. So don't read it as a 1L.

PS: I'd give a link to a website about the book, but the best links are to booksellers' sites--and I of course don't want to help 1Ls buy the book. So no link.

More (and Still More) Advice for New Law Students. Pretty self-explanatory.

Law School Orientation Advice. My biggest piece of advice? Don't spill food on your law school's dean at orientation (which I actually did). My law school has already had its 1L orientation this year, so I am a bit late re-posting this advice. But I am happy to report that to my knowledge, no students spilled food on any dean or faculty member.

POSTS REGARDING CLASS PREPARATION AND PARTICIPATION

Getting Called on in Class. This is pretty much every new student's nightmare--so it makes a great blogging topic.

Figuring Out Your Law Professor. It's important to never forget that you are not just taking a particular subject. You are taking a particular professor--and you should adjust your approach to a course accordingly.

How to Brief a Case. The title says it all.

More Thoughts on How to Brief a Case. Ditto.

OTHER ADVICE

What's to Like About Law School? This post actually provides not advice, but rather perspective about the law school experience. The point of the post is that a lot of us (me included) spend a good deal of time hashing over what law schools get wrong. But law schools also get many things right, as the reader comments to this post illustrate.

Reflections on Law School Exams. Final exams aren't until December, but since that's everyone's ultimate goal, it's worth reading this now--and then re-reading it later in November, when exams are upon us.

So enjoy these posts, thanks for reading, and good luck with the start of the academic year!

Thursday 2 August 2007

Lawyer Gone Bad

Oh man, I am pissed!

Yesterday, I received my Macleans magazine. Title in yellow bold on the front cover: "Lawyers are Rats".

Then, on the same day, I received in the mail from Penguin Group a hardcover version of the book "LAWYER GONE BAD, MONEY SEX AND MADNESS IN CANADAS LEGAL PROFESSION" by Philip Slayton, along with a press release.

The article in the Macleans magazine is an interview with Slayton, a long-time lawyer, law professor and former law school dean. I read it when I got home, and I am not happy. Not happy at all.

I will provide more comments once I read the article again, and once I read the book.

I have no idea why I received the book. I never asked for it. I'm not sure if it is because I am a lawyer, because I subscribe to Macleans or because I am also involved in the publishing business.

I noticed that as of today, Amazon.ca Sales Rank for this book is #26 in Books.

Apparently the Canadian Bar Association provided a response, and it was published in the August 13 issue of Macleans. Macleans has posted a response to their complaints. I think Macleans has its dates all mixed up, as it is only August 2 today...I need to read the response by the CBA and the counter-response by Macleans.

I'll comment more, believe me.
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