Can laws stop political retaliation?

Picture this. The threat of a mass firing is looming, and you’re told you have one hour to make a complex, ethically charged decision that could have ruinous effects either way. What do you, as a lawyer, do? Find out how two public integrity lawyers in the Justice Department handled this exact situation in a real-life case involving New York mayor Eric Adams.

Also in today's edition:

• Why a top law school has its tail between its legs
• How civil service acts protect lawyers amid Trump’s firing spree
• Do tech companies have the upper hand in lawsuits?
• A family defense lawyer's thoughts on preserving the Constitution.

Lawyers need to ask themselves, 'Who is your client?'

Nora Stewart, family defense lawyer for Neighborhood Defender Service of Harlem, took the LSAT in December after the 2016 presidential election. Becoming a lawyer at that pivotal moment in U.S. history felt like her way to be more ready for the seismic political shift happening in the U.S. Eight years later, she’s reflecting on what it means to be a lawyer, as that shift is ever more noticeable and the bones that hold the rule of law together, she says, are starting to crack. –Joanna Brenner

What do you find fulfilling about your job? What's most challenging?

The work is incredibly fast-paced and on-your-feet, which I appreciate because I don’t like sitting at a desk if I have another option. It’s client-facing, and I love that too because to me it’s the whole point; I can see who I’m working with, and it’s a direct and clear relationship without any levels of removal (obviously, lots of lawyers do incredible work that isn’t client-facing, and that’s equally important. I’m just personally better suited to this kind of work).

The most challenging part of the job is how little due process exists in family court for the parents that my organization represents. Basically, it’s criminal court without any of the protections that criminal defendants have (limited as those protections are in criminal court) and with all of the same systemic prejudice and surveillance and policing of Black and brown people.

There's a lot going on in the political climate right now that's calling the merits of law and the Constitution into question. As a lawyer, how does this make you feel?

It’s terrifying, but I don’t think it’s surprising. I think that a lot of the cultural forces that brought us to this place have been brewing since at least the 1980s, but now the stripping down of the architecture of government is not some conservative rhetorical device. I did a lot of Shakespeare in college, and we would talk about how the plays are so densely written that you can pare them down and adapt them to within an inch of their lives, and the bones will still be recognizable. To a certain extent, I think that the American government is like that too, but at some point, there’s a limit, and the current administration seems determined to find it. Republicans in Congress—especially the lawyers—are going to have to stand up soon, or those bones will break. 

What role do you think lawyers play in preserving the Constitution, if any?

The judge who first ruled on Trump’s executive order on birthright citizenship said, “Where were the lawyers when this decision was being made?” and I think we’re all wondering that. Of course, not all lawyers are ethical, and some lawyers are evil, but law school is quite effectively designed to give you a sense of the gravity and the stakes of the rule of law as a project that you’re supposed to be becoming a part of. There’s a lot of formality baked into a legal education as well, which is supposed to foster a real sense of duty, especially to The Client (whoever that ends up being in the part of the profession you land in). I think the lawyers who are currently in government need to ask themselves who their client is.

Prequel-ly blonde: The cinematic phenomenon that unites lawyers and fashion mongers is coming to the small screen, and the original Elle Woods, Reese Witherspoon, introduced its new star in this exceedingly sweet video.

Oof: William & Mary Law School accidentally sent acceptance emails to 410 applicants who had not yet actually been accepted. Ouch. The school sent apology emails, but they probably should have sent edible arrangements or baskets of mini muffins, too.

Lawyer lesson or life lesson? Corporate lawyer Matt Margolis, @itsmattslaw on Instagram, is doling out helpful advice for lawyers when a judge or party agrees with what you’re saying… which is probably good advice for everyone.

How very pro-mantic: Who knew probate officers took Valentine’s Day so seriously? 

A loft fit for a lawyer: “I love the law,” says the lawyer played by Tom Hanks in Philadelphia. He probably also loved this Philadelphia loft he lived in, which is, coincidentally, home to a former paralegal now.

Know your rights acts

There are more acts and amendments that protect civil service workers’ rights to do their jobs than one might think. Amid the Trump administration’s purging of career officials, including judges and attorneys, from the Department of Justice and the FBI, senators and officers are fighting back in the name of those acts. The FBI Agents Association and two groups of anonymous FBI officers filed two lawsuits alleging retaliation based on perceived political affiliation in violation of the First Amendment, the Fifth Amendment, and the Privacy Act of 1974. And there’s more. Basic statutory protections for federal employees date back to the Pendleton Civil Service Act of 1883, which are more currently found primarily in the Civil Service Reform Act of 1978 (CSRA).

Why this matters: The CSRA’s protections against arbitrary adverse employment actions cover almost any employee in the federal government who has completed their probationary two-year period of employment. Whether this act gets ignored as well remains to be seen. (Just Security)

Are courts giving popular tech companies the advantage?

On February 10, the U.S. Court of Appeals for the Ninth Circuit ruled in favor of Slack Technologies LLC, dismissing a lawsuit brought by an investor who said that Slack’s 2019 registration statement failed to disclose specifics on credits for disrupted service. The decision, which underscored that investors must trace their shares to a registration statement in order to sue—which is difficult to do in a direct public offering—potentially paves the way for companies to evade the Securities Act of 1933.

Why this matters: This decision is on the heels of a January 29 win for Spotify in a “bundling” lawsuit brought by the Mechanical Licensing Collective (MLC) over Spotify’s decision to reclassify its Premium subscriptions as “bundles.” The cases are different, but it seems increasingly difficult to sue a popular tech company these days. (Bloomberg Law)

So you think you’re a Microsoft Word power user…

If you’re a lawyer, you know how to effectively use Microsoft Word to craft legal documents, right? You might be surprised by what Microsoft has been concealing, though, that could make your life much easier. “Recovering” lawyer and complex-document wizard Barron Henley did a bunch of experimenting in Word, so you don’t have to. Never again will you use hard returns or page breaks to glue an orphaned title to its paragraph on the following page after you listen to this episode of the Lawyerist podcast. 

Why this matters: Proper Microsoft Word setup and formatting are of particular importance when crafting legal documents because they can be hundreds of pages. Don’t find yourself tossing out 360 pages of a 400-page template to find yourself with a 40-page document numbered and cross-referenced incorrectly. (Lawyerist)

A fly on the wall of an Eric Adams conference call tells all

A leading Supreme Court lawyer—and "flight risk"—goes to jail over tax evasion

Diddy tracker: A guide to all of his lawsuits

In lieu of the bar exam, Oregon is moving toward supervised practice

Corrections officers: One strike and you're out!

How to warm up your networking crowd

Networking, especially for lawyers, actually starts before the event does, according to PR professional Janet Falk. Here’s what you do ahead of time: Go to the website of the networking event’s host. Identify its leaders and reach out to them via email to introduce yourself. Falk will give you details on what you should write and what you should then wear on the first day of the event (spoiler: it should be distinct). 

Why this matters: If you’re a leader at your firm, knowing how to stand out in a networking crowd is knowledge you’ll be able to pass on to younger associates who need to build their base. (Un-Billable Hour)

Thank you for reading Raise The Bar.

Every Thursday, you'll hear from our team about the most pressing issues facing legal practices today. We'll also try to include some quick-hit reads that touch on interesting cases and precedents being set worldwide. 

Have anything you'd like us to cover? Send an email raisethebar@mynewsletter.co

Raise the Bar is curated and written by Joanna Brenner and edited by Bianca Prieto.