The LACBA Student Lounge Blog

Law Degree Liability

The common belief of having a law degree is that it may open doors for careers beyond the field of law. Whether that may have been true in the past, that may not be the case now. In an article by the ABA, the myth of an "open field" created by a law degree is challenged. Additionally, joint degrees may not provide the same kind of leverage that one would expect.

Recent Ohio State law grad Dina Allam told the newspaper she thinks her joint JD/MBA made the job search more difficult. "People don't see the value in the joint degree. They think I'm confused," she said.

With the current troubles of the economy, this is an interesting take on a law degree.

Highest California Bar Passage Rate Since 1997

The California State Bar reported that 61.7 % of applicants passed the July 2008 General Bar Examination. This is the highest passage rate since 1997.

The preliminary statistics show that of the 8,637 applicants who took the Bar, 72.4 % were first time takers. The passage rate for first time takers was 75% overall. For first time applicants who attended a California ABA law school the passage rate increased to 83%. However, the passage rate for repeat applicants was 27.0% overall.

Curious who passed?  Check out the State Bar's website .

A $45,000 High from “Bong Hits 4 Jesus”

Even after the U.S. Supreme Court held for the appellant school district, the "Bong Hits 4 Jesus" case was settled for a payment of $45,000 to the respondent, a former student who raised the infamous banner.

In 2002, Joseph Frederick, a senior at Juneau Douglas High School in Alaska, posted his now-infamous “Bong Hits 4 Jesus” banner across the street from the campus during the Olympic torch relay run.  Frederick said the banner was intended to be comical and nonsensical.  High school principal Deborah Morse confiscated the banner and suspended Frederick from school.

Frederick sued Morse and the school board in federal court for violating his right to free speech. Frederick lost in the trial court, but won in the 9th U.S. Circuit Court of Appeals.  The school board then took the case to the U.S. Supreme Court.  In 2007, the Supreme Court ruled that the school could restrict student speech that encourages the use of illegal drugs.

Earlier this year, however, Frederick brought a claim that he was entitled to a ruling on whether the Alaska Constitution provides stronger protections for free speech than does the U.S. Constitution. With a decision pending in the 9th Circuit, the parties settled the case.

Under the settlement agreement, the Juneau School Board will hold a forum on student civil liberties for all students and staff, and Frederick will be paid $45,000.  The school district will also expunge all mention of the punishment from Frederick's official school records.

The Times, They Are A Changin'... "The End of Lawyers?"

With the advent of the near (if not complete) collapse of the credit market, the world economy is about to undergo a massive change in the way it does business. In this change, no one will be left unaffected. Not even lawyers.

Richard Susskind, author of The End of Lawyers?, predicts major changes within the legal profession. He believes

“The party is now over . . . . The credit crunch is going to accelerate change in the legal profession, bringing much more demanding and discerning clients who increasingly will require more work at lower fees. And I believe that lawyers, in order to survive and prosper, must respond creatively and forcefully to this impending demand.”

One of his many predictions is an increase in outsourcing. To see exactly what he predicts, click here.

On a related note, the ABA Ethics Committee recently drafted an opinion that delinates what outsourcing a lawyer is allowed to do. The goal is to allow lawyers to reduce costs, while at the same time providing competent performance with adequate oversight. The opinion also covers an outsourcing lawyer's duties when referring work.

For example, outsourcing lawyers remain subject to existing rules of professional conduct in their position as lawyers with “direct supervisory authority” over others and with respect to client confidentiality. The referring lawyer may need to obtain informed consent of the client and must safeguard against the risk of disclosure of confidential client information. Fees charged to the client must be reasonable, and markup may not be permitted.

This opinion may become more and more relevant in the coming years if Mr. Susskind's predictions hold true. To read additional commentary from the ABA, click here.

ICJ Takes Croatia's Genocide Case Against Serbia

On Tuesday, the International Court of Justice (ICJ) ruled that it has jurisdiction to hear a case brought by Croatia accusing Serbia of genocide during the Croatian 1991-1995 independence war. (Download croatias_case.pdf). Croatia claims that Serbia engaged in “a form of genocide which resulted in a large number of Croatian citizens being displaced, killed, tortured or illegally detained as well as extensive property destruction” during the war.  It is estimated that 20,000 people were killed during the 4-year period. Serbia objected to Croatia’s claim on the grounds that when Croatia filed is application in 1999, Serbia (then the Federal Republic of Yugoslavia) was neither a UN member or party to Article IX of the Convention on the Prevention and Punishment of the Crime of Genocide of 1948, the treaty upon with ICJ based its jurisdiction.

On Wednesday, Serbia's foreign minister announced that Serbia will bring a countersuit in the ICJ for war crimes allegedly committed against Serbs in Croatia during the 1995 Operation Storm. It is alleged that more than 250,000 ethnic Serbs were displaced from Croatia in Operation Storm.

Trial is not expected to begin before 2010, though some speculate that the countries may reach a settlement before then.

Please see Reuters for additional coverage.

What To Look For In Your Law Career

Don't know where you're going yet in your legal career? That's okay. Just follow these 4 easy steps and you'll be on your way.

Almost.

Rather, this article in the ABA GP-Solo Division by Jennifer Hilsabeck outlines 4 things every young lawyer should look at when thinking about their career. These include:

1. Honestly, and continually, assess your career goals.

2. Find a good mentor . . . or two!

3. Don’t be afraid of change simply because it is different.

4. Always remember where you started.

To see what she means, click here.

ESPN and BCS agree to 4-year deal for T.V., Radio and Digital Rights

The New York Times reports that ESPN placed the highest bid to win the rights to broadcast college football’s Bowl Championship Series (BCS) from 2011 to 2014. Neither officials with the BCS or ESPN would comment on the exact terms of the agreement.

Fox Sports, the current BCS rights-holder refused to offer more than $100 million a year for television, radio, digital, international and marketing rights. Digital rights include operation of the official BCS website and the simulcasting of games online and for mobile devices. It is rumored that ESPN agreed to pay $125 million for these rights.

The end of the ESPN deal coincides with 2014, through which the BCS agreed to keep their current championship system in place. The commissioners of the BCS decided to put off considering a playoff system, like Obama has suggested, until the end of the next television deal.

Supreme Court Rules For Navy, Against Environmentalists in Sonar Dispute

In its first decision of the current term, the Supreme Court decided in favor of allowing the US Navy to conduct sonar training exercises off the coast of California, despite the concerns raised by environmental groups over the safety of whales. The Navy will now be able to conduct "realistic training exercises to respond to potential threats by enemy submarines." Lower courts in California had imposed restrictions on the exercises, such as requiring that the Navy limit sonar use in the presence of marine mammals, at the urging of environmental groups, who argued that the sonar drills can cause devastating internal injuries to whales and other marine mammals. The Supreme Court found that national security interests outweighed the possible environmental impact and that the lower courts had overstepped their authority in imposing the limitations on sonar use. In his majority opinion, Chief Justice Roberts wrote that "overall public interest tip[s] strongly in favor of the Navy," finding that the possibility that marine mammals would be harmed was not of great enough concern to prevent the Navy from adequately training its fleet.

CA Bar Foundation Awards 57 Scholarships to Law Students

According to a California Bar Journal article, The California State Bar Foundation awarded 57 scholarships to law students, each scholarship totaling up to $7,500. There were Public Interest scholarships and Diversity scholarships awarded. The total in scholarships awarded by the State Bar was over $250,000.

 

“Today there is only one California legal aid lawyer for every 8,361 low-income Californians who need legal help, while there is one private lawyer for every 250 clients who can afford our services,” said Jeff Bleich, a member of the foundation’s board. “But the high cost of law school, with law students graduating with as much as $100,000 in student loans, prevents many new lawyers from pursuing public interest jobs and helping narrow this ‘justice gap.’ The scholarship program is a way of saying, ‘if you commit to serving the people of this state, we’ll commit to helping you get a legal education.’”

The Public Interest scholarship recipients were nominated by their law schools, while the Diversity recipients were selectee from 200 applicants. According to the article, the funds to support the scholarships were provided by law firms. The Diversity scholarship funds in particular came from law firms pledging to support the program in 2007. A listing of the recipients and law firm contributors.

If you're interested in being a future recipient, perhaps some reasearch with deans or adminsitrators at your law school will help for the Public Interest scholarships. For the Diversity scholarships, check here.

SEC Charges Mark Cuban with Insider Trading

The Wall Street Journal reports reports that the Securities and Exchange Commission filed insider trading charges against billionaire and Dallas Mavericks owner Mark Cuban. Cuban is charged with allegedly selling shares in Mamma.com after learning the company was raising money in a private offering.

The compliant alleges that Cuban sold his entire 6% ownership stake in Mamma.com on June 28, 2004 after learning that the company was raising money through a private investment in a public entity, known as a PIPE. In a PIPE transaction new shares are issued at a discount to the current trading price. Often, the price of stocks will drop following a PIPE announcement because shareholders anticipate their stake will be diluted. On June 29, 2004, Mamma.com announced its PIPE financing and its shares dropped by more than 10%. By selling his shares the day prior to the announcement, Cuban avoided more than $750,000 in losses.

(Photo: Mark Cuban provided by the AP)