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Unpublished opinions are now citable by lawyers

The Supreme Court recently made history by allowing lawyers to cite unpublished opinions in federal court.

The new rule will continue to prevail unless Congress revokes it before December 1. Citation is allowed only for those rulings issued on or after January 1, 2006. The new rule permits lawyers to cite rulings from other circuits or authorities, including law review articles. For many lawyers the new rule will facilitate better representation of clients and assist the courts in making informed decisions on future cases. It is also expected to bring national uniformity to the process.

Last year, a federal appellate decision from the Eighth Circuit declared that unpublished opinions were to be treated as binding precedents. This triggered protests from around the state. Critics argued that the publication of all opinions would overburden the appellate courts and the practitioners would have to toil through a significant volume of unpublished opinions that are useless for future litigation because they involve no new law or applicable factual situation.

The U.S. Courts of Appeals for the 2nd, 7th, 9th and federal circuits, however, ban the citation of unpublished opinions and the remaining six circuits discourage it. Under the new rule, circuits will be able to give subjective weightage to unpublished opinions, but they can no longer keep lawyers from citing them.

04-14-2006

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U.S. firms beat local firms in UK markets

U.S. firms continued to prosper in the UK market, with the top-30 international firms reporting a 10% increase in UK revenue from $1.7 billion in 2004 to $1.9 billion in 2005.

The majority of top-U.S. firms in UK have reported robust profits for 2005 with outstanding performances by Debevoise & Plimpton and LeBoeuf Lamb Greene & MacRae. Debevoise & Plimpton reported a stunning 67.5 % increase in its UK revenue which totaled $56 million, while LeBoeuf revealed another shocking increase of 43 % from $34 million in 2004 to $48.8 million in 2005.

Top U.S. firms in UK disclosed an average profit per partner of $1.31 million for 2005 as compared to $858,158 in 2004. LeBoeuf reported a staggering 67% rise in partner profits from $681,000 in 2004 to $1.1 million in 2005.

04-14-2006

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Frommer Lawrence & Haug announces highest base salary for first-years

New York City-based Frommer Lawrence & Haug has taken first year salary to $150,000.

Placing itself at the top of the legal profession's salary scale, the move promises young attorneys extra incentives to join the firm. Specializing in intellectual property litigation, prosecution, and counseling, it comprises a unique alliance of attorneys, which include in-house scientific advisors, investigators, and other professionals.

The firm opened a Tokyo office in January 2006 and plans to open a new office in Washington, DC, by the second quarter of this year.

Law firm marketing
The growing competition and the thrust to gain recognition have led law firms to develop new and advanced marketing strategies.

The latest tool for lawyer marketing is the Internet. Lawyers want their websites to convey the impression of professionalism, as the appearance of the firm creates a great impact on generating clients. Instruments like television, phone book, and billboard aim to draw the general public. The real challenge, however, is to attract the attention of the corporate world.

A decade old advertisement demonstrated lawyers as "guys in suits next to piles of law books" which, indeed, scared many people away. Martin Harding & Mazzotti, a personal injury law firm, has changed the vintage style by introducing a new "emotional" side of personal injury law to attract the crowd.

The high-profile firms, however, do not feel the need of a formal marketing program. Boies Schiller and Flexner, for example, successfully run its corporate litigation practice owing to the reputation of its lead partner, David Boies. Many small firms have also shunned the world of advertising as they bring their individual reputations and client bases with them and do not rely on advertising to support them.

04-13-2006

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Three more Dallas firms announce salary increases

Ever since Vinson & Elkins raised associates salaries in early March, a growing number of Texas firms have followed suit. The latest are Dallas-based Gardere Wynne Sewell, Hughes & Luce, and Munsch Hardt Kopf & Harr.

First-year associates at Gardere Wynne Sewell are eligible for $140,000, effective April 1, which is the first day of its fiscal year. Second-year associates will make $145,000; while third-, fourth-, fifth-, sixth-, and seventh-year associates will receive $150,000; $160,000; $170,000; $180,000; and $185,000, respectively. The 278-lawyer firm's bonuses will be directly proportionate to productivity.

Hughes & Luce new salary scale will range from $135,000 for first-year associates and to $195,000 for eighth-year associates. The 137-lawyer firm offers the maximum bonus of $45,000 with the total compensation package ranging from $140,000 to $240,000.

Munsch Hardt Kopf & Harr raised the base salary for its first-year associates to $135,000, retroactive to March 1. The salary increases apply to all Class of 2005 associates, while the firm reviews other adjustments to its associate salary scale.

04-13-2006

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More salary increases at Texas, Chicago, and LA firms

Chicago-based Baker & McKenzie; Houston's Fulbright & Jaworski; Dallas-based Winstead Sechrest & Minick; and Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro in Los Angeles have all increased associate salaries in their respective offices.

Effective June 1, first year associates at Baker & McKenzie will receive $140,000 base salary and up to $10,000 in bonus for associates billing 2,300 hours. Salaries for second-year to eighth-year associates will range from $145,000 to $190,000 while their bonuses will vary from $15,000 to $50,000.

Fulbright & Jaworski, the only top-Texas firm which had yet to raise salaries, announced $140,000 for first year associates, retroactive to March 1. The 960-lawyer firm did not provide any further salary information.

Beginning April 1, first-year associates at Winstead Sechrest are eligible for $135,000 base salary with a bonus of up to $5,000. Second-year to eighth-year associates' salaries will be between $145,000 and $190,000. Potential bonuses for four-plus-year associates will vary from $25,000 to $45,000. The 311-lawyer firm prefers a merit-based compensation salary structure over minimum billable-hour requirements.

Los Angeles-based Sechrest & Minick; and Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro also raised first year salaries to $135,000 and an additional $5,000 for all other years. The firm recently saw attorney losses which legal analysts attribute to the Anthony Pellicano wiretapping case.

04-12-2006

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Further on Reed Smith-Richards Butler merger

The Reed Smith-Richards Butler merger does not include Richards Butler's Hong Kong and Beijing offices.

Reed Smith is currently negotiating with the 110-lawyer Hong Kong associate and the 100-lawyer Beijing affiliate to join the merged entity. The Hong Kong practice, which is treated as separate from the London and European partnership of Richards Butler, contributes one-third of Richards Butler's total revenue with a turnover of $52.2 million (£30m). Reportedly, the Hong Kong office was considered responsible for the end of Richards Butler merger talks with Theodore Goddard and Denton Hall. It was also skeptical about the firm's expected merger with Proskauer Rose, which was abandoned last spring.

Although Reed Smith remains eager to add the Hong Kong practice to its stable, it plans to carry on the current arrangement with or without the union. While Reed Smith needs 75 % votes for the merger approval, Richards Butler has lowered the proportion of votes from three-quarters to two-thirds.

04-12-2006

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Dinsmore & Shohl in merger talks with Thorp Reed

Dinsmore & Shohl, Cincinnati's largest law firm, is in merger talks with Pittsburgh-based Thorp Reed & Armstrong. If successful, the culminating merger would result in Dinsmore's third acquisition since September 2000. Both the firms will benefit greatly from the alliance.

Thorp Reed is Pittsburgh's seventh largest firm with offices in Pittsburgh, Philadelphia, Wheeling, and Princeton. Thorp Reed's 100-lawyer office in Pittsburgh would prove a great boon to Dinsmore & Shohl which has a four-attorney office there. The merged firm would enjoy larger access to the West Virginia market, where Dinsmore has Charleston and Morgantown offices and Thorp Reed has a Wheeling practice. The alliance would expand Dinsmore & Shohl's Far East presence with a New Jersey office and, at the same time, bring Thorp Reed into Ohio and Kentucky.

Dinsmore is a 280-lawyer firm and has two subsidiaries, Great Water Capital Partners, a boutique investment bank based in Cincinnati, and Mercantile Title Agency Inc., a full-service title agency with offices in Cincinnati and Columbus, Ohio.

04-12-2006

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