Through No Fault of Mine - On Hiatus

In case you have not noticed, we're on hiatus for a while for the summer slow down. There have been some developments that we hope to cover in the coming weeks.

A pressing project must take precedence for the next week or so, but after that look back here for fresh posts.

Thanks for stopping by.

Ann Israel: The Propaganda Queen

This may in fact, be one way of understanding propaganda: a discursive promotion of the interests and agenda of an overarching or specific power regime.

--Michel Foucault, philosopher

Every exploitative system needs propaganda. The legal profession is no exception. A profession that viciously fires its young workers for talking to the media about work conditions in cock-roach infested basements clearly needs a steady stream of "blame the victim" propaganda to sustain itself.

Ann Israel is the legal profession's very own propaganda queen. Week in, week out the propaganda queen's hate-filled writings are published nationally in American Lawyer Media Publications. Under the guise of providing unbiased and balanced career advice to law students and young attorneys, Ann Israel's column is, in actuality, nothing more than a pipeline of biglaw partner propaganda.

Last week, the propaganda queen actually had the audacity to claim that she never blames victims. Perusing some of her past columns (which isn't an easy thing to do given her blatantly condescending and child-like writing style), I quickly learned that ALL the propaganda queen seems to do is blame the employee. In her own words:

"Ouch! Very few people are going to believe that answer. You are unemployed and that big U is your scarlet letter."

"Once you start your new firm, hunker down and plan on doing things right. Instead of all-night partying, you need to spend your free time studying the law."

"But even more egregious than your excuses is what you have to say about your current job. How dare you speak in such a manner about a decent and honest profession."

"Stop thinking that you are better than your job. Were you able to get out of bed this morning and get dressed by yourself? Then you are a lucky man."

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She's the Dr. Laura of legal advice. People write to her because they know she will shit all over them. -- random autoadmit poster

http://www.autoadmit.com/thread.php?thread_id=530457&mc=42&forum_id=2

Anita Project: The Post-Mortem

a) It was totalitarian. Early on people were being fired for all kinds of random reasons. (eg. playing a game of minesweeper, not sitting up straight, for making a quick, random call on a cell-phone). The rules were strict and the scrutiny was intense. The only thing that was missing was a heavy-set German woman in a military uniform barking out orders.

b) It was a paranoid work environment. The random firings, lack of adequate communication, and distortions of truth created an atmosphere of paranoia and distrust that never went away. People would constantly comment on how they had to check their cell-phones every morning in order to make sure they hadn't been fired the night before.

c) Dishonesty.
--Hiring vast amounts of people, claiming that there was plenty of work, and then firing them only a week later.
--Publicly announcing a project end date, denying it, and then firing over a dozen people on that end date.
--Denying that a "watch-list" existed when, in fact, one very much did exist.

d) Moles and Weasals. While they may have been an effective tool for the agencies and firms to gather intelligence, it engendered an atmosphere of distrust and divisiveness that led to a break-down in good old-fashioned teamwork.

e) Inadequate infrastructre.

The End.

More Paul Weiss Horror Stories

Yes, it is true that Paul Weiss has roaches crawling all over the room where the temp attorneys work. If you are in the basement of the UBS building, which is where PW places the majority of temp attorneys, roaches are crawling day and night. Once, I actually found a dead roach in my wallet when I returned home for the evening. Needless to say, I never had to sign out to use the bathroom, but I heard that temp attorneys that are located within the PW main offices upstairs were required to sign in and out. There is a reason why it is called the Plantation! But, that is okay because I got my freedom papers over a year ago!

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A notoriously difficult place to work. Very low pay, strict hours, and a hierarchical environment where contract attorneys are expected to "know their place."

Source: www.tempatty.com

It Ain't Easy Finding The "Smoking Gun," When The Room You Are In Is Literally Smoking

Document Review involves the meticulous review of millions of highly complex and sensitive documents. Clients often pay top-dollar to ensure that their materials are being reviewed in a careful, diligent, and respectful manner. Unfortunately, in order to maximize profits, litigation profiteering middle-men often have cut back on infrastructure and other crucial essentials. In my opinion, conducting a responsible review under these conditions simply becomes counter-productive. Two examples from the "Anita" project are illustrative:

Every afternoon, thick, putrid, white smoke would emanate up from the deli downstairs. Scrambling to avoid the nauseating stench of decaying chicken-fat, people would work hand in hand to close several of the heavy, glass-paned 19th century windows.

The lack of adequate on-site bathroom facilities. Having two small, cramped air-plane sized restrooms for over 120 people is simply unsustainable. Many a time people have shot off the floor like rockets in an apparent mad-dash to relieve themselves. Some people have resorted to sneaking into the lobby of a hotel across the street in order to utilize their facilities. I started doing this myself when I found out that someone on the public internet terminal was researching on how to clear up a herpes and syphilis infection. Thankfully, after several weeks, project management saw the light and was kind enough to invest in paper toilet-seat covers.

To Prove Staged Accident in Judge Velasquez' Courtroom, the Standard is Preponderance of Evidence

In Universal Open MRI of the Bronx, P.C. v State Farm Mut. Auto Ins., decided on May 11, 2006, Judge Velasquez at Civil Court, Kings County ruled evidence defendant presented insufficient to prove a staged accident. While unremarkable by itself, he goes into a detailed analysis as to the standard of proof required. He ultimately adopts the standard of preponderance of evidence. The decision is worth reading.

An Example of An Effective Peer Review Defense - Where Plaintiff Does Not Produce a Witness

In Expo Med. Supplies, Inc. v Clarendon Ins. Co., 2006 NY Slip Op 50892(U), decided May 15, 2006 in Civil Court, Kings County, Judge Delores J. Thomas held that defendant's Peer Review Doctor Ronald A. Csillag's testimony was sufficient to carry their burden to prove that the supplies were not medically necessary. Plaintiff did not produce a witness, but instead relied upon the report of Dr. Barshay. The court found that no evidence was presented to refute defendant's testimony.