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The Sorcerer's Apprenticeship
A few innovative law firms are turning the first year or two of law practice into apprenticeships. These apprenticeships are designed to accelerate recent law school graduates' transition into legal practice. Law firms are being forced into this change because clients will no longer pay high hourly fees for new lawyers who do not know the fundamentals of practice and add no appreciable value to the team. These apprenticeship models supplement expanded formal training programs with extensive experiential learning and one-on-one guidance from partners. While some of the associates' work is billed to clients at a reduced hourly rate, associates have little pressure or expectation to produce billable work. Apprenticeships for new lawyers sound promising and the firms that are implementing them should be commended. However, under the current system of legal education and private practice, this model may not be realistic for most law firms.
Apprenticeship and the Practice of Law
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.