The Legal Intelligencer Blog

Fresh Ink: Inside Today's Legal

Welcome to your Friday morning round-up of stories in today’s edition of The Legal Intelligencer. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

The top story this morning is U.S. Supreme Court Justice Sonia Sotomayor speaking as part of the dedication ceremony yesterday for the University of Pennsylvania Law School’s new building, Golkin Hall. As reporter Gina Passarella writes, Sotomayor was quiet on the topic of health care, but did speak about her regret that she never took a clerkship and the benefits she sees in them.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes about the latest in the priest sex-abuse case, as a 30-year-old alleged victim underwent intense cross-examination yesterday by defense attorney William Brennan.

Below the fold on Page 1, Gina Passarella writes that Dechert has opened an office in Almaty, Kazakhstan with the hire of Chadbourne & Parke’s attorneys there. Dechert made a similar move in 2009, starting a Moscow office by hiring a team of partners from the same firm.

Also below the fold on Page 1, reporter Saranac Hale Spencer writes that the U.S. Court of Appeals for the Third Circuit has ruled an imprisoned man’s Fifth Amendment rights weren’t violated when he was denied parole for refusing to admit to sexually assaulting his daughter as part of a state-mandated treatment program.

In more Regional News on Page 3, reporter Zack Needles writes that Thomas More Marrone, the former head of Feldman Shepherd Wohlgelernter Tanner Weinstock & Dodig’s complex litigation and class action department, joined the Philadelphia office of Pittsburgh-based Caroselli Beachler McTiernan & Conboy.

Also on Page 3, a former Cozen O’Connor associate was hit with a 30-month suspension for sham billing practices.

As always, our People in the News section is on Page 2, and the top stories from our sister publications across the country make up the Page 4 National News section.

In a Trusts & Estates column on Page 5, Robert H. Louis writes about solving the unfunded pension puzzle for law firms.

In a Commentary on Page 7, Christie B. Tillapaugh writes about how being a mother has made her a better lawyer.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.

An Uptick in Office Visitors

By Barely Legal
Special to the Legal

The strangest thing has happened to me since they moved Hottie McBeal (obviously not his real name) into the office next door. I have become the most popular girl in the office.

I didn’t put it together at first. When the younger associate that I have said “hi” to in the elevator a couple of times stopped by just to check out my office, I just thought she was bored on a Friday afternoon and wanted to get up and stretch her legs. OK, I also thought maybe she was fishing for a happy hour invite, but I already had plans.

When she stopped by again, a few days later, to tell me all about this really hard yoga class she took the night before, about all the bending and twisting she had to do and just how sore she was that morning, I was flattered. I thought she was hitting on me. I asked her follow-up questions about the class, dropping hints that I would be happy to join her – I figured I would let her down gently after a post-workout, decaf, no-fat latte.

She didn’t take me up on the offer.

She did, however, show up at my doorway the following Monday to tell me about her awesome weekend and the big meal she prepared for all of her friends. I watched her as she told me the story and noticed she was a) speaking really loudly, and b) kept turning her head in the direction of Hottie’s office.

That is when it all started to make sense. The Friday afternoon pass-by, the yoga class story, and now a lengthy lecture on her culinary prowess. This show wasn’t for me. It was for him.

And she wasn’t the only one performing in my doorway. There were a number of women, all ages and martial statuses, telling me things I didn’t need to know.

But no matter how interesting their story, Hottie stayed put.

I started to feel bad for these women. I wanted to give them hints on what to talk about – things I have heard him talking about with other attorneys. I didn’t though, for two reasons: 1) I was afraid I would embarrass them by pointing out their motives for suddenly friending me; and 2) I was secretly pissed it never occurred to me to talk loudly about how awesome I am.

Not that it was doing any of these women any good.

Barely Legal offers humorous monthly musings on what it's really like to work for a law firm. Hint: It's nothing like it is on TV.

Three Local Firms on 'Best Law Firms for Women' List

By Gina Passarella
Of the Legal Staff

Three Pennsylvania firms can be found among the top 50 law firms nationally for women to work.

Ballard Spahr, Drinker Biddle & Reath and Fox Rothschild were named to the list, compiled by Flex-Time Lawyers and the National Association for Female Executives.

The organizations offered quick facts about each of the winners to demonstrate how the firms support women.

Ballard Spahr: "Of the seven lawyers promoted to equity partner in 2010, three were women, and two of this firm's 13 offices are managed by female partners." Women comprise 25 percent of the firm's equity partners. The firm only has one partnership tier.

Drinker Biddle: "Women reside on every firm committee, and there are several women on the two most important, management and allocation." Women make up 25 percent of equity partners and 30 percent of non-equity partners.

Fox Rothschild: "Eighty-six percent of female lawyers returning from maternity leave in 2010 worked reduced hours for a period of time, and the firm's chief talent officer works directly with each returning attorney to ensure that the transition back is mutually beneficial." Women make up 17 percent of equity partners and 27 percent of non-equity partners.

The 50 firms are not ranked numerically, but rather are listed alphabetically. According to a press release about the awards, women at the 50 firms comprise an average of 19 percent of the equity partner tier, which is higher than the 15 percent nationally shown by the National Association of Women Lawyers.

All of the winning firms have written reduced-hour policies and 78 percent offer full-time telecommute policies.

Eighty percent of the firms offer mentoring programs for women, and 90 percent offer management and leadership training.

"By offering leadership and business development opportunities for women, along with generous flexibility, parental leave and childcare programs, these firms are better poised to retain and promote the brightest legal minds, with the goal of reaching parity for women in the profession," Deborah Epstein Henry, founder and president of Flex-Time Lawyers, said in a statement.

At the 50 firms, women hold 18 percent of compensation, 19 percent of executive, and 23 percent of equity partner promotion committee seats. And 78 percent of the firms offer backup childcare and 62 percent offer subsidized in-home backup childcare.

The full list of winners can be viewed here.

Gina Passarella is the senior reporter for The Legal. She can be contacted by e-mailing [email protected] or calling 215-557-2494. Follow her on Twitter at @GPassarellaTLI.

Lessons I Learned During Last Month's Earthquake

By Barely Legal
Special to the Legal

As you are all more than aware, the East Coast experienced an earthquake last month, a first for many of us. I learned a lot in the minutes that followed -- most of which seem pretty obvious to me now. Still, I thought it would only be fair to share these “revelations” with you.

1.  East-Coasters Do Not Know What to Do When an Earthquake Hits.

I'm from the East Coast, born and raised, so I don't feel ashamed admitting I didn't know you weren't supposed to evacuate your building during an earthquake. Not that I did. I would never. I was too afraid of the wrath of the partners I work for had they heard that I evacuated. Instead I stood in the doorway of my office, shouting, "I'm pretty sure you are supposed to stand in a doorway during an earthquake," while my co-workers ran up and down the hallways, laughing at me.

2. Twitter is the Future.

From the doorway of my office I could see my co-workers scrambling around. There were a lot of comments along the lines of, "What happened?" and "Did you feel that?" and a couple, "Yeah, the idiot won't come out from her doorway." Assistants furiously typed on their computers, shouting, "Nothing on Philly.com." And so I carefully stepped back into my office, grabbed my BlackBerry and opened up Twitter. Got back in the doorway and announced, "There was an earthquake that affected the whole East Coast." This honestly didn't sound right to me and everyone that was near me stopped to stare at me in disbelief. I shrugged, "It's on Twitter," and immediately recognized that I sounded like an idiot. 

One of the attorneys that sits across from me smiled and said, "Oh, well, then it must be true." A few minutes later, a legitimate news source had finally caught up and we all listened to the assistant's computer as an important-sounding voice told us there had been an earthquake in Virginia that was felt from North Carolina to New York City and beyond. I felt vindicated, and by the look on my co-worker's face, I believe he felt old and unhip. 

3. Facebook Could Save Your Life.

While I had my BlackBerry, I decided to update my status from the doorway of my office. When I pulled up Facebook, I saw that every single one of my friends in Philly, New York and D.C. had the exact same idea. It occurred to me that if I was trapped in a collapsed portion of my building, my best bet wouldn't be to call 911 but to update my status with my location. All my friends would be on Facebook, one of them would read where I was, and I would be found in no time. Take that, all you haters that love to brag that you don't even have a Facebook page.

4. Finally, the last lesson I learned on Aug. 23, 2011, was: People Will Use Any Excuse to Cut Out of Work Early and Drink.

Barely Legal offers humorous monthly musings on what it's really like to work for a law firm. Hint: It's nothing like it is on TV.

Oddly Enough, Emily Post Has Nothing to Say on This Situation

By Barely Legal
Special to the Legal

One of the unique things about working for a large law firm is that you can go weeks, even months without seeing a particular colleague. This is great when you are trying to avoid that creepy co-worker, but not so awesome when you are desperate to accidentally bump into that hot, funny senior associate.

I'm telling you this not as an admission that I did little work this past summer, instead devising failed plan after failed plan to bump into the aforementioned hottie, but as a way of setting the stage for what happened to me one day after work recently.

I was headed to happy hour (and since I was on my way, I was still sober) when I saw a partner from my office standing about 20 feet away. Now, most partners at my office have no idea who I am or what I do for the firm, but since I had worked with this partner a few months back, and we had developed a rapport, he immediately recognized and called out to me.

And since I hadn't seen him since we had worked together but have very fond memories of the experience, it didn't at first register that he was a boss, and instead I thought of him as an old friend. Which is probably why I returned his hug and let him kiss me on the cheek in lieu of a more formal greeting. We then talked, I told him I was on my way to happy hour, and it wasn't until I was walking away that it occurred to me that I don't even greet most old friends with a hug and a kiss. 

So, now, here's my dilemma. What do I do the next time I see him -– as now that I don't want to see him I am sure to see him all the time? (Because that's always how these things go -- it's Murphy's Law.)

Am I expected to hug and kiss him every time I see him? Can we go back to the impersonal handshake? Have we gone too far to start high-fiving?

Should I send him an e-mail explaining that the other night was a mistake and that I really like and respect him and so I think we should just go back to the way things were?  

Or should I simply ignore the situation -- the way I do with all the other relationship mistakes I make -- I hope it (or he) just goes away?

Barely Legal offers humorous monthly musings on what it's really like to work for a law firm. Hint: It's nothing like it is on TV.

Tips to Beat Summer Procrastination

By Neen James
Special to the Legal

The summer procrastination bug has invaded your firm (even though it's still spring)! What can you do about it? Here are some simple strategies you can apply immediately to be more productive in the summer … and enjoy the fabulous weather too!

Accept that you are procrastinating. Don't beat yourself up. Don't waste energy with negative self-talk. Say this statement out loud: "I am procrastinating, and I choose to be productive." This will remind you and your team to change your attitude about procrastination. It doesn't sound as scary when you say it out loud!

Identify activities that tempt youto  procrastinate. If there is something you don't enjoy, such as researching a case file, or completing team performance reviews, remind yourself that you know you have procrastinated in the past when this activity occurs; however, this time you will choose to be productive. Knowing when you procrastinate is half the battle.

Get a 'Procrastination Pal.'  Have another attorney you can call if you are procrastinating that will help you get on track.  Let them know they are your designated 'Procrastination Pal' and when you call them they need to give you a kick in the pants to get moving!

Change your location. If you have been sitting too long at a desk, go for a walk around the office, make a cup of coffee or get some fresh air.  Change your location for a few minutes, and it may be the kick-start you need.

Make a "to-do" list. This may motivate you if you like to check items off a list. It will also detail activities and help you appreciate and prioritize what needs to be completed. Sometimes just creating a to-do list gives you momentum and helps you realize the task isn't as big (or as bad) as you originally thought. If it helps, have your assistant or someone else work on this with you.

Invest 15 minutes. That is the real secret to procrastination. Dedicate 15 minutes for a task or activity. You will be able to create the to-do list, or write some notes or just do something -- one thing -- for 15 minutes. It works, I promise!

Set a timeframe to complete the task. When you're giving yourself the 15 minutes, try setting the alarm clock on your phone so you know when you're finished. Trying to "beat the clock" may help you stay motivated to complete the activity within that timeframe.

Stick to your calendar or "to-do" list. When you are finding it really difficult to complete activities, promise yourself you will stick to your calendar appointment, even when you don't want to. Force yourself to remain on track.

Spend time 'debriefing' activities that make you procrastinate. Find out why you didn't want to do it or why you were distracted. Make a note to be aware of this the next time the activity occurs.

Reward yourself. If you need to accomplish a task you don't enjoy, make a point of rewarding yourself when it's over.  Give yourself an incentive, like heading outside to enjoy the sunshine and some delicious lunch. Think about what you find rewarding, and use it.

Neen James, MBA CSP, is the President/CEO of Neen James Communications, LLC. An international productivity expert and native born Aussie, James delivers engaging keynotes that have educated, and entertained audiences with real-world strategies that apply in all roles, whether at work or in life. She also provides one-on-one consulting and mentoring to women on a variety of business issues and topics. To find out more about James, visit her at www.neenjames.com/bio, e-mail [email protected] or follow her on Twitter @neenjames.

Increase Impactivity in 15 Minutes a Day

By Neen James
Special to the Legal

Have you ever said, "There just aren’t enough hours in the day"? Do you ever feel like you just can't get it all done, even while working 12+ hours? Well you are not alone. We need to increase our impactivity™ through super-productivity.

Productivity is NOT about doing more, it is about doing less; Less of the things that don't matter and more of the things that energize us and help us achieve our goals.

When we wake, we are all given the same amount of time every day. Time doesn't care how old you are, what your next case is, what you do or how long you have been doing it; time doesn’t care. Time doesn't decide how it will be spent, you do.  The real secret to super-productivity is the 15-minute rule.

Here are some ideas of actions that can be achieved when you begin to think in 15-minute increments!

- Create time. While we often cannot find an additional hour in our day, we can definitely find 15 minutes. Choose to create time by rising 15 minutes earlier or going to bed 15 minutes later.

- Make time in time. Review the activities you are currently completing that can possibly be combined with other related activities or delegated to someone else. Some may call this multi-tasking; I prefer to think of it as cleverly using all aspects of time. If you are waiting for an appointment, take reading material with you or write a note while you wait.

- Decide now. Choose to work on one task or activity for 15 minutes only. I bet you will be amazed how much you can achieve in 15 dedicated, concentrated (not multi-tasked) minutes.

- Eliminate time robbers. Identify activities that "fill up" your day. When you waste time on an activity, phone call or lack of system or process, it is another 15 minutes you could be investing somewhere else.

- Arrive early for appointments. This allows you to catch up on reading journals, papers, write thank you notes, make a business call or just review your next case file. You already need to be at the appointment, so try arriving 15 minutes earlier to focus on activities that don’t require you to be in court or in your office. In your personal time, arrive at the gym earlier to fit in an abs routine or sort through your mail while waiting to collect the kids from school.

- Go phone-free. Switch your cell phone and/or desk phone to voicemail for 15 minutes and allow callers to leave a message while you complete an important task.

- Ignore e-mail. If you are going to be in court or at an event for extended time, set an out-of-office message for people to help manage their expectations. E-mail is best checked in 15-minute increments three to four times per day.

- Clear your inbox. If your e-mail feels out of control, dedicate 15 minutes daily for one month to clean it up, file it, sort it, delete it and unsubscribe.

- Designate time. Schedule weekly time in your calendar to complete certain tasks; filing, paying bills, unsubscribing from junk mail, checking online accounts or contacting a family member.

Here is a list of activities you could achieve in 15 minutes:

- Make a business phone call
- Write a handwritten note
- Exercise
- Make a healthy meal
- Talk to a friend
- Update your blog
- Get involved in social media conversations
- Thank a team member
- Assess your goals
- Play with a child
- Send a birthday wish
- Tidy your desk
- File
- Scan newspapers and journals

Every day we get to choose how to invest our time. By increasing your consciousness of investing in 15-minute increments you will feel super-productive. Now what can you do in the next 15 minutes?

Neen James, MBA CSP, is the President/CEO of Neen James Communications, LLC. An international productivity expert and native born Aussie, James delivers engaging keynotes that have educated, and entertained audiences with real-world strategies that apply in all roles, whether at work or in life. She also provides one-on-one consulting and mentoring to women on a variety of business issues and topics. To find out more about James, visit her at www.neenjames.com/bio, e-mail [email protected] or follow her on Twitter @neenjames.