July 12, 2023

Redux: O Rare Partner Emeritus


If you work for a peer firm, you will encounter me or someone very much like me. [Y]ou cannot avoid the essence of my character if you aspire to succeed... I or some form of my embodiment will exist to make your existence as uncomfortable and unpleasant as it can be. Welcome to the legal profession you self-entitled nimrods have created.

--Partner Emeritus, Above The Law, 2009

‘O Rare Ben Jonson’

--Words on the gravesite slab of eccentric English dramatist and poet Ben Jonson (1572-1637) in Westminster Abbey. Jonson also was buried upright.

Twenty-five years ago, before The Great Neutering, before attorney gene pools started to dilute, when service professionals were well-rounded, if not classically-educated Renaissance people, when it meant a great deal to be a lawyer, and indeed to be a man, we had practitioners like Partner Emeritus. That is the nom de plume of a retired Brahmin New York City lawyer with an impressive following on the internet and who many culturally illiterate people--i.e., most lawyers these days (sorry, but that is the perfect truth)--apparently simply do not get. He's intimidating and spine-tinglingly scary to the maggotry, a comedic genius and WASP Yoda to the urbane. 

Whoever he is--I sense pretty much everything about the way he portrays himself is authentic save his real name--PE has been there and done that (his legal breadth intrigues me) in upper-tier corporate law. And, perhaps, in life. Like me, he is an accomplished and unapologetic philanderer. A cad. Color him, too, a bit picaresque. Well-read. Well-traveled. He acquired and trained two Afghan show hounds. He even played polo, for fuck's sake. And like me, he does love the law, and this profession, which he worries about. Partner Emeritus is also an accomplished satirist. A Lenny Bruce for those with Mayflower DNA. Governor-for-Life of Upper Caucasia. A Dean Swift for modern Manhattan. 

PE entertains in two distinct, interchanging, modes. You commend his taste, and judgment, when he shifts gears from Satirist to Learned Critic. (You don't know when that is? That shifting? Your problem. Start getting a real education by attending the theatre, visiting art museums and reading Tom JonesCandideHuckleberry Finn. Devour Miller, Kubrick, Pope, Orwell. Behold Nabokov, Heller, Huxley, Mencken. View Pieter Bruegel. Listen to Gilbert & Sullivan. Will take years--but it's worth it.) Ninety-five percent of the time--no, I do not agree with his every assessment--he's right on the money about people, places and things. His writing is art. Class art. Informed art. Funny art. He disturbs, and brilliantly. 

PE's best gift? It is his instinct for detecting two related (I think) qualities he detests: hypocrisy and mediocrity. 

Watch him each week expose the growing cadre of bad actors--i.e., twinkies, teacups, imposters, poseurs, plagiarists, thieves--who regularly shill on ATL's eclectic pages, Partner Emeritus has an instinct for the jugular that is dead-on, lightning fast and funny. If you think--and not merely react--you will learn something. You may feel a bit uncomfortable about how you stack up in this universe. But you should learn something about yourself. Otherwise, try not to blow a tube, or pull a hamstring, laughing. 

You can read him and howl along with me most weekdays to his comments to certain articles at Above the Law. For many people, PE is the best thing about David Lat's celebrated and storied website. Excerpts from one wistful ATL comment last week:

Prior to owning a 1981 DeLorean DMC 12, I owned a gorgeous 1979 BMW M1. One Saturday, while my wife was with her family at Martha's Vineyard, I took my car into the city and decided to visit the old Copacabana. There, I met a woman named "Sophia." We drank Dom Perignon and danced Salsa and some disco (I was a maven on the dance floor and could have given John Travolta a run for his money during his "Saturday Night Fever" phase). During that evening, Sophia slipped a drug into my drink. The next thing I know, I woke up with a throbbing headache and my lower body was in pain. Apparently, I had crashed my vehicle into a divider on the Long Island Expressway and Sophia was unconscious next to me. A police cruiser drove by and stopped. I explained to the officer that I had been drugged by the latina woman next to me and that she had robbed me (I made sure to place my wallet in her purse before she regained consciousness). 

We were taken to the local police station where I filed a report against Sophia. My BMW M1 was totaled and impounded. After a few hours, Sophia and I were awkwardly outside the police station at 5AM. I was in excruciating pain but I had hungry eyes for her so I brokered a deal with Sophia. I offered to drop the charges against her if she agreed to get in a cab with me and go back to my estate and make love to me. She agreed. I will never forget that night. I should have gone to an emergency room (pro-tip: cocaine is more effective at numbing pain than morphine) but all I could think of was being with Sophia, who resembled a young Maria Conchita Alonso. 

What I would do to be 37 again.

There are times when I think whether I regret that night. A vintage 1979 BMW M1 would fetch me a cool $750K today but then I would have no memory of Sophia. You could say Sophia was probably one of the most expensive hookers in the history of mankind (despite that my insurance carrier covered the NADA value of that beast of a vehicle at the time, it did not compensate me for the future vintage value of that car which I believe only 500 were made), well next to the women who divorce their wealthy husbands and take them to the cleaners. 

Note: Original post July 6, 2015

June 29, 2023

On the Death Knell of Affirmative Action

 As you've probably read (if not, you can do so here), the Supreme Court pretty much ended affirmative action in college admissions today by a 6-3 vote.  Although not a plurality opinion, the long-ass majority opinion by Roberts, comparatively brief concurring opinion by Gorsuch (which I actually found helpful), rambling stream-of-consciousness concurring opinion by Thomas (which reads like what I'd imagine James Joyce would have written had he been in the Federalist Society and on cocaine), lengthy emotional dissent by Kagan, and a heavy-on-results light-on-the-law dissent from Jackson, there's a lot to unpack.

The result isn't a surprise.  What did come as a surprise was the peek behind the curtain into Harvard's admissions.  Applicants are initially scored 1-6 (with 1 being the highest) on 6 categories: academic, extracurricular, athletic, school support, personal, and overall.  The opinion doesn't say but I think it's safe to assume that the majority of the applicants are 17-18 years old.  I guess when you're perceived as the "best" university every applicant who has any chance at admission is going to have near-perfect academic credentials but, JFC, what happened to letting kids enjoy their childhood?  I guess this explains why (with one singular exception), everyone I've ever met who went to Harvard is fucking weird.


June 20, 2023

John Eastman Disciplinary Trial Viewing Party

Constitutional gremlin John Eastman drew the ire of the California State Bar in connection with his role in the whole overthrowing the election thing.  His disciplinary trial in the State Bar Court is underway in Los Angeles.  

For those of you who would like to watch a tranwreck in the background while you work, the whole affair is available live via Zoom (but is presently in recess as of 1:15 p.m. Pacific): https://calbar.zoom.us/j/97985435232

Feel free to share your live reactions here.

June 7, 2023

Harry fights back tears telling Brit court "I'm suing to protect Meghan (sniffle)"

 Ah, the things a young man with an inked NetFlix deal in his pocket will do for love ....$29,000,000 in attorneys fees to sue to protect his lady. How sweet! Honey, you sued for me! This calls for a new Hallmark card!

Never mind that when asked for actual evidence of phone hacking by opposing counsel Harry seemed a bit ignorant of the burden of proof replying "You would have to ask the reporters involved".

Such a sad, sweet, tiresome man whose 15 minutes are up.

Live coverage of this train wreck here: https://www.independent.co.uk/life-style/royal-family/prince-harry-court-case-latest-live-b2353276.html

Full story: Prince Harry has no proof Mirror Group journalists hacked phone, court told

The lawyer argued that many of the stories Harry claims were obtained through illegal means had already been published in other newspapers.

The prince told the court that he was still “suspicious” about some of these articles, which often quoted anonymous “royal sources” providing surprisingly detailed information. ergo, I was hacked. Amiright?

The suspicion burden of proof. Maybe it will catch on.

June 3, 2023

Welcome to the “Find Out” Portion of the Program

 Something called a Lewis Brisbois, which I am told is a “mega firm” (in the same sense that Walmart is a premium retailer), decides to deal with defectors who took 100 lawyers to open a “compassionate” law firm, by releasing emails showing … otherwise.  

Tywin Lannister would be proud. 

https://nypost-com.cdn.ampproject.org/c/s/nypost.com/2023/06/03/woke-la-firm-routinely-used-vile-language-to-refer-to-women-poc/amp/


June 1, 2023

Armie Hammer will not face criminal charges; Gloria Allred dumps accuser

 You know an alleged sexual assault victim has credibility problems if Gloria Allred - who never met a microphone she didn't like - dumps her as a client. But that is what happened in the land of Meghan and Harry when prosecutors declined to file rape (or any) charges against actor Armie Hammer.

The law office of Gloria Allred, who organized a news conference for the woman in 2021, said that they no longer represent her and had no comment.

Mr. Hammer faces no charges in connection with the other women’s accusations.

The woman in the Los Angeles investigation, who is in her 20s, had said at an online news conference in March 2021 that Mr. Hammer raped her for more than four hours in Los Angeles on April 24, 2017. She said Mr. Hammer repeatedly slammed her head against a wall, bruising her face, and had beaten her feet with a crop.


https://www.nytimes.com/2023/05/31/arts/armie-hammer-sexual-assault-investigation.html

 


May 27, 2023

Lawyer uses ChatGPT to draft federal court brief; it does not go well

 “When Avianca asked a Manhattan federal judge to toss out the case, Mr. Mata’s lawyers vehemently objected, submitting a 10-page brief that cited more than half a dozen relevant court decisions. There was Martinez v. Delta Air Lines, Zicherman v. Korean Air Lines and, of course, Varghese v. China Southern Airlines, with its learned discussion of federal law and “the tolling effect of the automatic stay on a statute of limitations.”

There was just one hitch: No one — not the airline’s lawyers, not even the judge himself — could find the decisions or the quotations cited and summarized in the brief.

May 24, 2023

The mother of all abuse of process

 From https://www.courts.ca.gov/opinions/documents/A164148.PDF:


No doubt due to the scattershot presentation of issues by Kinney, neither party gives us a cogent explanation of the wider context behind the events immediately at issue here. That context is illuminating. [...]

1. The Ferndale Cases Stated generally, the pertinent facts are as follows. Eighteen years ago, Clark had the misfortune of selling a home to Kinney and Kempton in the Silver Lake neighborhood of Los Angeles. (Kinney v. Clark, supra, 12 Cal.App.5th at p. 727.) What began as a dispute over a fence and some purported easements led to multiple lawsuits in Los Angeles County Superior Court by Kinney and Kempton against Clark, various Silver Lake neighbors,. [...]

There is no question Kinney was the ringleader in all of this. A Second District Court of Appeal panel observed in 2011 that “[w]ith Kinney at the helm, Kempton has pursued six lawsuits in Los Angeles Superior Court over the last five years. All of the lawsuits relate to real property owned by Kinney and Kempton (the K’s), located on Fernwood Avenue in the Silver Lake neighborhood of Los Angeles . . . . The K’s have continually—and resoundingly—lost their cases in the trial courts. As one trial judge aptly wrote in a statement of decision, Kinney is ‘a relentless bully’ who displays ‘terrifying arrogance’ by filing ‘baseless litigation against the City and its citizens.’ ” (In re Kinney, supra, 201 Cal.App.4th at p. 953.) 2. The Federal Litigation and the Vexatious Litigant Orders After suing unsuccessfully in state court, Kinney and Kempton filed a series of equally unmeritorious actions in federal court attempting to relitigate issues they previously lost in state court. As judgment after judgment in these cases went against them, the federal litigation snowballed into a series of actions against Clark’s attorneys3 and various official actors who were involved with the litigation and the subsequent disciplinary proceedings, including the State Bar,4 members of the Second District Court of Appeal panels that rejected the appeals in the Ferndale cases,5 a federal district court judge,6 and every member of the California Supreme Court who voted on denials of review in those cases.7 There were dozens of these satellite federal actions.

The opinion continues in this vein.

Amazing.


May 20, 2023

CalBar to institute snitch rule

 Via nien clicks nien links:

Lawyers in California may soon be required to report professional misconduct by their peers and colleagues—as do attorneys in every other state. The State Bar of California’s board of trustees on Thursday voted for a new ethics rule mandating that lawyers report fraud, misappropriation of funds and other criminal acts or conduct that reflect adversely on lawyers’ “honesty, trustworthiness, or fitness,” by fellow attorneys.

The board recommended the new so-called “snitch rule” to the California Supreme Court, which has the final say on adoption.