Special K

Special K

Once upon a time, there was a big second request at the basement of a top New York firm at the footsteps of the Statute of Liberty. The legendary Pillsbury review took place. 120 plus attorneys in the basement, with intense heat blowers, and a couple of viruses going around. Intense long hours, in which contract attorneys were assigned to go up to the cafeteria by rows to eat a subsidized meal. There, the stooges came to life and formed a fraternity. The lower level basement was run like a fraternity house. Raffled tickets to baseball games, to the World Series, barbeque sauce from Virgil (left overs of a communal meal), drinking in between boxes at the White Horse Tavern and the birth of the famous specialist Special K.

Special K was famous for sleeping a couple or more billable hours and for showing associates in charge the mistakes of fellow reviewers. Such was Special K's wicked behavior that he earned a full time position on the backs of the honest mistakes of many hard working contract personnel whom he embarrassed and back stabbed.

If you are called to go there find out if Special K is running the gig, if so, beware that he delivers low blows and acts out of fear. If you can, stay away from him.

Shock the Conscience

In a decision of likely interest to defense counsel, Judge Howard S. Miller of the District Court, Nassau County, Hempstead Part issued a Decision/Order concerning settlement stipulations often done by the law firm of Israel, Israel & Purdy, LLP. See Omega Diagnostic Imaging, P.C. v State Farm Mut. Ins. Co., 2007 NY Slip Op 51405(U) (Dist. Ct., Nass. Cty., 2007). Typically, Israel puts a clause in their settlement stips that provide that, should the settled-for amount not be paid within 30 (or however many) days, judgment will be entered for the full amount demanded in the Complaint, including full statutory interest, et al.

Judge Miller held (correctly, in my opinion) that there is no basis to stay enforcement of the portion of the stipulation in question. The Court cited to ABCO Refrigeration Supply Corp. v Designs by Keiser Corp., 239 A.D.2d 165 (1st Dep't, 1997) for the proposition that, there being no allegation of fraud, mistake, etc., there is no basis to vacate a stipulation that essentially calls for the defendant to pay the full amount of the Complaint.

State Farm, by Picciano & Scahill, P.C., cited to some Second Department case law for the proposition that unconscionable stipulations should not be enforced. Judge Miller found State Farm's cited case law to be distinguishable and/or sui generis. In any event, Judge Miller found that $2,578, the difference between the settled-for amount and the amount of the judgment, did not shock the Court's conscience.

Those Israel settlement stips are potentially dangerous, to be sure, but things would work a lot more smoothly on a lot of fronts if the carriers made payments quickly, anyway.

E.P. Slime

Just letting you know that Dine & Quinn Emanuel pulled a bait & switch. Job was sold as $35/hr + OT(that should've been the clue, since that's a high rate for Dine and they never pay OT). 50-60 hrs/wk. $20 meal reimbursement after 10 hrs.

Then when we get there, we find out it's only 40 hrs/wk. Obviously, no meal reimburse b/c no 10 hrs. We're trying to find out when the OT starts, but all we get is "Soon".

This old shyster from Dine, Norman Fashler ("VP of Operations") is there every day, probing the psyches of all the temps, trying to find out who's unhappy with this. "How's everything going?" He asks this question while issuing forth a probing energy, trying to find out what's going on inside of you. Very insidious. This guy obviously has learned all the techniques for interrogation - perhaps he was once in the CIA.... Check out his credentials on the Dine Temp website. "Defense Contracting". He must've washed out of the CIA then to be forced to go to the bottom of the barrel, temp agency-wise...

I feel bad for Shawn Treadwell, the recruiter from Dine. He seems like a nice guy (I spoke with him at length about the bad rep Dine has, and he answered my questions honestly and still placed me.) I get the feeling he's stuck in a bad position right now, for not only does Dine have a bad rep amongst temps, but it also does amongst other agencies. Not sure he's able to easily make a lateral move somewhere less satanic....

There's a lot more juicy stuff.... Will keep you posted.

Update: They're dropping like flies here. People are leaving the project in droves b/c of the bait-and-switch. The market is picking up again after a slow few months, so there are now options for experienced doc reviewers...

Now Dine has an ad on Craigs List to replace those people with "10+ admitted attorneys". Once again, they say it will pay $35+OT, and have the gall to say "substantial OT". You might want to post a warning about this and officially break the bait and switch story. (PS - Quinn is also complicit in this bait and switch - they keep saying OT will come "soon", that the hrs will "ramp up". I believe that Dine and Quinn got together and Dine told Quinn that they wouldn't be able to staff the project w/o the OT promise... So Quinn should get lambasted, too...)

Barnes & No-fault

According to the sidebar on David M. Gottlieb, Esq.'s blog, No-Fault Paradise, he's currently re-reading David Foster Wallace's 1996 novel 'Infinite Jest'. I admire that Mr. Gottlieb is still able to get any reading done; I have had a tough time of keeping at it since law school. I also admire that he has been able to finish 'Infinite Jest' (more than once?) and wants to go back for more. I tried starting it a few times, the most recent being August 14, 2003, when the Northeast had a blackout. Somehow it fails to grab me enough. I found Wallace's debut novel, 1987's 'The Broom of the System,' to be a bit more agreeable. I think I finished it, or at least came close.

As to my avoidance of 'Infinite Jest,' I would confess that I am afraid of Big Important Novels, but I don't think it's true. I spent much of my law school years (and tapering off thereafter) chewing up books like 'J R' and 'A Frolic of his Own' by William Gaddis (I think I got through the first chapter or two of 'The Recognitions' at one point), most everything by Don DeLillo, Thomas Pynchon's 'V.', most of the core works of Thomas Bernhard (which I guess don't quite qualify as 'big'), and even wannabe fare like Jonathan Franzen's 'The Corrections.' Then again, despite owning perhaps several hundred books, I can no longer seem to sit down and actually read any. Oddly enough, the subway commute I had during most of law school (Williamsburg<-->Greenwich Village) provided an ideal, structured time for plowing through books at a decent pace.

Carsherchesputin

I just wanted to bring to the top a comment posted last night to an old post on this blog:

At Tuesday, July 17, 2007 8:45:00 PM, Anonymous said...

Things have been heating up in the Carothers, Sher, Chess and Rasputin arena as the connections we all know exist are surfacing so ever slightly...What an industry this No Fault Insurance is Very challenging to prosecutors and law enforcement..sometimes too challenging LOL

While one of those references may seem a bit obtuse, it does all fit together, one way or another. I have no clue who our anonymous commenter is, but he/she is more than welcome to continue contributing, preferably to more recent and visible posts. :)

The Roving Eye

The Roving Eye ---

He has been a staff at one of the top law firms in Midtown East for a couple of years. He is known as the roving eye staff attorney. He spends his billable time expressing his distrust of contract attorneys by physically guarding the temps (sitting and hanging out with them) or calling on the phone one of his boys to fully brief him on the environs and the in and outs of other temps. His pet friend---a tall lanky, and bitter middle aged player has been responsible for the firing of many good contract attorneys who have by some reason or another annoyed the pet friend or broken the rules by being on the phone too long, writing e-mails in front of him or being too frank about current events and political views. The pet friend, in return for longevity on the project will report every one including his so called friends.

At one point, roving eye became so arrogant and full of himself that he spent most of the day talking about a good looking woman stopping traffic along a known East Side Avenue. Forget being pc or creating a hostile work environment--he did not care, he was too excited throwing his status around. It has been rumored that he let go of a friend or did not call him back to work at this famous place because the former friend, made more money than him in investments and that pissed roving eye off. Wow, what fragile ego and what a power trip.

It is also common knowledge that roving eye and pet friend were let go of a gig because they acted in concert in eyeing women and creating an all boys club, frat house environment at a midtown firm. Anyone who knows about the actual event at this firm, will not make it at the new joint where roving eye is now a permanent employee. If you come across him, you will know who he is--his roving eye gives him away besides his gray temples. He will also use famous phrases in the form of rags:

1) do your work

2) show up on time

3) keep your head down

Pit Bull

Tom the Temp will be away this week, but have no fear. In his absence, Tom's friend "Mochni" ("talking bird" - Hopi tribe) will be providing some vignettes on some of the other notorious monsters that you need to watch out for in the NYC temporary attorney sweatshops.

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Supersized Pit Bull--curly hair, with squared framed glasses. Nasty looking.

Pit Bull worked for many years as a contract attorney. Now middled aged, single, and nursing an empty nest she finds herself in a permanent spot. Such events mold her into a diabolic coworker. She takes it upon herself to become the vigilante against all contract personnel in her office. She self-appoints her own ego as protector of the boss. He is a nice guy with a compassionate heart and a sense of decency---he cuts contract attorneys breaks and is hands off. She does not like that and claims contract personnel take advantage of him. To that extent this pit bull throws her weight around all to her benefit and against contract personnel. Her mood swings are out of control. She acts, walks and talks like she has never temped in her life. Often, she describes contract personnel as "paranoid" and that is why she asserts herself being in people's faces.

Egotistical and insecure, she hides underneath a loud voice, and a what a big mouth by her own accounts. She is a narcisist and needs to be in your face. She spends most of her days, smoking with some brown nose contracts, drinking coffee and acting as a big shot, just acting because everyone who comes in and pays attention realizes she is not. She needs to be noticed thus any opportunity she has to 'be the authority' as she puts it, she goes for it. Her ego is so inflated that she acts like she is above all temps. She is the classical case study of an inflated ego on a derailed power trip.

Her laughter is a booming echo of an wounded/abandoned child--a sick egomaniac.
Her favorite phrase is: you have an issue with authority figures. Just shut up and do your work. If you come across her take notice that underneath her loud laughter lies an insecure, bitter bully. She hates herself and acts out against others. You will know her when you see her---she is nasty and your perception is correct. She builds herself up and tears others down.

Stay away as her insecurity drives her to be spill her venom and the true Cobra will come out. Shame that she has a decent boss fooled.

Law School Fraud - Despite What The Glossy Brochures May Say, It Is Actually Tough Out There For Most Law Grads.

For most law school graduates huge salaries are a long shot. Most law grads face low pay, high debt, and substandard working conditions. Unfortunately, law schools hide this fact because US News & World Report which tracks employment information, may be prompting schools to create an artificially bright employment picture.

http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1183712786622

Health Care Reform Time

After seeing "Sicko," I was drawn back to the Moshe Kanovsky story. Something really needs to be done about the uninsured/insured in this country, specifically those who are struggling with expensive mental health issues.

After Moshe Kanovsky graduated from Cardozo, burdened by student loans, trying to piece together a series of part time legal jobs, and without adequate health coverage, Kanovsky struggled to find the funds to treat a debilitating psychological disorder.

His financial situation was dire. He was open about the fact that he could not afford the best psychiatric care and ended up seeing a "multitude of doctors," one friend said.

"You get what you pay for," the struggling intellect would tell his closest friend when discussing the quality of his therapy.

Moshe Kanovsky tragically committed suicide on April 13th. Didn't we owe something more to someone who worked so hard, played by all the rules, and spent so many hours providing free legal assistance to members of the Lower East Side?

http://www.nydailynews.com/news/2007/04/22/2007-04-22_depression_led_to_leap.html

No Peeing Permitted

Hey, Justine Clark: If ripping off 200 grand from the taxpayers isn't enough to satiate your greed, check out some of the services that this agency has to offer:

"I also recently heard from 2 doc reviewers who went to a mid-size project in early May (60 reviewers, don't know the firm) that De Novo's project manager, one John Thacher (also formerly one of "us") gave a pep talk at the beginning of the project that included the order that any time spent going to the bathroom had to be deducted from the time sheet. It may be legal -- without a union or an employment agreement there are no labor rights in this "greatest country in the world" -- but it's disgusting. Can't you just see De Novo putting its project proposal forward: "We will give you people who will bill ONLY for every minute actually spent reviewing. We will even require that they deduct the time they spent peeing."

Kelley Drye & Warren - Corporate Criminal

Justine Clark, a partner at Kelley Drye & Warren, just plead guilty to state income tax evasion. Despite the fact that KDW has seen a steady growth in profits per partner, and despite the fact that KDW has benefited from a steady stream of contract attorney outsourcing, Clark, with greed unquenched, went ahead and screwed New York State out of close to $200,000, based on her $ 2.7 million earnings.

Her penalty? A slap on the wrist misdemeanor.

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David Lat (Abovethelaw.com) thought I was a little too harsh on Ms. Clark:

Okay, that's a little harsh. As the New York Post notes, Clark earned $2.68 million not in a single year, but over the course of five years (2000 - 2004). That averages out to a little over $500,000 a year.

And in New York City, teeming with i-bankers and hedge funders, you're a pauper if if you're not taking home seven figures per annum. So can we really blame Justine Clark, struggling to keep up with the Joneses, for trying to keep a little more for herself?

http://www.abovethelaw.com/2007/07/lawyer_of_the_day_justine_clar.php#more

The Awful Truth

"Funny story for y'all, kids. I was in King's Supreme Court the other day on a typical gutter-assed trip n' fall case. The bottom-feeding Insurance Defense lawyer who was my adversary introduced me to his firm's "summer intern." She was a nice looking girl about 24 yrs old, with a smart-tailored blazer and a big legal pad for taking notes, etc. When this combed-over JC Penny wardrobe-wearing loser adversary of mine went to "conference" another case ("conference" in toilet law means getting screamed at for 10 minutes by a law clerk and filling out a toilet stip that you can wipe your butt with), I proceeded to ask the intern where she went to law school, what year she was, etc. Turns out she is at one of the infamous TTT (third tier toilets) on Long Island. Next I asked her grades and the number was not top 10%, nor even close to it.

Then I started in on my tirade about salary etc. I asked her if she knew that most gutter firms are paying 45 K or less with no benefits (including the well-known boiler room she was interning at). I then asked if she had any scholarships/grants and that was a "no" too.

She seemed genuinely hurt, confused, and upset after I got done laying my old big debt, small law blog routine on her. I could tell she really didn't want to believe that 45 K is the best you'll do (if you get a job at all) coming from a TTT diploma mill school. She said she'd heard that starting salaries were going up and up, etc. The poor thing hadn't given future income any thought at all until I laid my spiel on her. Another victim of the "Biglaw raises pay to 160 K" schtick touted by the sub-human scum at the ABA and their enablers like the Valvoline Dean, Pat Hobbs.

It is really sick what these toilet-sucking diploma mills are doing to kids. I told this girl right before her ID law "mentor" came back that she should drop out right now, and not throw good money after bad. I told her that law is a dead-end, miserable job. I told her to take a good look around the courtroom we were in (King's Supreme). I told her to look at the unshaven slobs, blood-shot eyes, JC Penny wardrobe, beer guts, etc. Take a look at these clowns squinting to read the NY Post b/c their gutter firms have no eyeglass/optic plan. Look at the bad teeth from no dental insurance. Imagine riding 2 hours on the train from some aluminum-sided tract house in a ghetto and trying to explain to your children why they have to eat spaghetti and Ramen noodles for supper every nite. Take a good, hard look, because this is your future.

Question is, why can't we get the word on salaries/working conditions out in the mainstream? Why is everyone (esp. TTT law students) so incredoulous that law pays so God-awful poorly nowadays? If you stopped 100 non-lawyers on the street and asked what they thought an entry-level lawyer salary was, what % do you think would pick 45 K? The gutter schools use this naiveity and cultural dissonance to their advantage. I mean, it just doesn't seem (or sound) possible that an admitted lawyer with 7 years of education and a bar exam pass under his/her belt can be worth 12-15K less than a garbage man, does it? I always made a huge point to tell friends, family, and even stragers on the street how gutter-sucking awful lawyer salaries are, but the problem is no one believes it. You might as well tell folks a UFO lands on your roof every nite as you tell them you're a licensed attorney making 45 K.

There is a WSJ reporter working on a toilet law story. I will post his contact info once my interview w/ him is done. Tom the Temp is also speaking with him. Once we get this info published in a respected national newspaper, perhaps other newpapers/magazines etc. will wake up and reaize that law is a dead "career." There is biglaw and there is nothing else. Law is as all or nothing as it gets- if law were the food industry you would have the Four Seasons and McDonald's with nothing in between."

-- Law Is For Losers