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Lockstep compensation systems may be on the way out, at least at several leading Boston law firms, according to an article in the Boston Globe. “Major law firms have traditionally hired junior lawyers at six-figure salaries and awarded annual increases based on the number of years at the firm, a system known as ‘lockstep.’” In the future, however, associates’ salaries and bonuses will be based on the partners’ assessment of their performance. “Law firms across the country are turning to [performance-based] bonus systems to control spiraling payrolls and satisfy clients who … have become increasingly unwilling to pay fees of several hundred dollars an hour to cover salaries of inexperienced lawyers.” It is hard to speculate about whether a performance-based appraisal system might increase or decrease salaries or whether it would affect the number of associate positions at a firm. Another open question is whether a performance-review process could be administered fairly in the law firm setting. The practice of law is becoming like other fields where steady pay increases are not guaranteed. In addition to the pressure felt to make partner, there will now be additional pressure to earn annual salary increases. Will this be a good thing or a bad thing for the legal profession? Read the rest of this entry »

On this edition of Law Technology Now, host Monica Bay chats with George Socha, Founder of Socha Consulting LLC and Tom Gelbmann, Founder of Gelbmann & Associates about their 2010 Socha/Gelbmann E-Discovery Survey. Will small cases be the new “big” in 2011? Why are some e-discovery attorneys jobless and others being poached? And what do lawyers really want from vendors? Tune in!

The Washington Post today carries the most in-depth article on Judge Vaughn R. Walker’s decision on California’s Proposition 8. In the Northern District of California Federal Court, the case of Perry, et al., v. Schwarzenegger, et al. (C 09-2292) has been decided for the plaintiffs, ruling that equal protection and due process under the federal Constitution require Judge Walker to find Proposition 8 unconstitutional. The Post provides the full text of the decision, (136 pages) which interestingly includes a discussion of Judge Walker’s probing questions at oral argument. The reader can sense the judge’s frustration with the proponent counsel’s (those supporting Proposition arguments, which is interesting. While the attorneys for the plaintiffs built a rich record with eight lay witnesses and nine expert witnesses, and using complex arguments based on civil rights cases of the past, such as Brown v. Board of Education and Loving v. Virginia. Proponents presented only two expert witnesses, though they carefully cross-examined all plaintiff witnesses. The difference in presentation seemed to frustrate the judge, who was nominated by President Reagan and confirmed under the first President Bush. The judge ruled that Proposition 8, which in 2008 passed to amend the state constitution by 52% of the popular vote, Read the rest of this entry »

Rappaport Center for Law and Public Service Executive Director Susan Prosnitz discusses the Center’s career placement initiatives. For more information please visit www.rappaportcenter.org or follow the Center on Facebook and Twitter.

In this edition of the BU Law podcast, host and media veteran, Dan Rea of WBZ-Radio 1030 welcomes Stanley Z. Fisher, Professor of Law at Boston University School of Law and founding member and trustee of the New England Innocence Project. Dan and Stanley take a look at the New England Chapter of the Innocence Project, how cases get to the Innocence Project, wrongful convictions, police procedures and explore Professor Fishers 2008 Study of Eyewitness Identification Reform in Massachusetts.

The Boston Globe ran another, and more informative story yesterday on the new bill that follows the National Popular Vote agenda. Stephanie Ebbert wrote a very clear and useful explanation of what the legislation means and how it will work. It was not clear to me earlier that nothing will change in our presidential voting until and unless enough other states join the compact to add enough Electoral College votes to make a majority: 270 votes of the 538 total. At that point, all the states who have joined the compact through passing similar legislation will change how they select their electoral college votes. Under the terms of the U.S. Constitution, each state may choose how to do this. After our governor signs the legislation, which he has said he will do, there will be a total of 73 votes available from the states who have already passed such laws. Several other states have legislation pending, but it seemed optimistic to me when Ms. Ebbert quoted a proponent who thought there might actually be 270 Electoral College vote available in the compact by the next presidential election. Perhaps.

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On this edition of Ringler Radio, host Larry Cohen welcomes Eric Vaughn, the newly appointed Executive Director of National Structured Settlements Trade Association, (NSSTA), to discuss NSSTAs new agenda and whats new in the structured settlement industry. In his first interview in his new position, Eric discusses his vision for NSSTA, meeting the challenges in the industry, the highlights of NSSTAs 25th Annual Conference and looking for a lifetime of security for injured parties and their families.

On this edition of Litigation Support Review, host Mary Pat Poteet, an eDiscovery/Litigation Support expert with almost 20 years experience, welcomes Joanne Lane, Director of eDiscovery and Litigation Support for MetLife, to talk about the everyday challenges in their profession. Joanne discusses the biggest challenge in moving in-house, her new point of view on eDiscovery, how to manage work that is being done for your company and some commonly-held beliefs about corporate life that turned out to be myths.

On this edition of The Landy Law Letter, host John L. Torvi, from the Herbert H. Landy Insurance Agency of Needham, Massachusetts welcomes Attorney Patrick Barry, from the firm Morowitz & Barry, Ltd. in Providence, Rhode Island, as they take a look at the latest in medical malpractice law and law firm management. John and Patrick discuss the challenges attorneys can face when taking on medmal cases, the importance of specialized experience and skill when it comes to medmal law and how attorneys can prepare for medmal cases and benefit their client.

Massachusetts just became the latest state to drop out of the Electoral College. Oh, wow! The Boston Globe reported yesterday that our legislature had passed the bill, which will go to our governor, who has expressed support for it. All 12 of Massachusetts’ electoral college votes will then be awarded to whichever presidential candidate garners the most popular votes nationwide. Other states which have passed similar laws so far are Illinois, New Jersey, Hawaii, Maryland, and Washington. You can track the efforts at www.NationalPopularVote.com. A number of other states have pending bills. Once enough states have passed similar legislation that their electoral college votes add up to a majority (or 270 of the 538 electoral college votes), it won’t matter what the other states do. Whichever presidential candidate wins the popular vote would win the national election through the electoral college vote.

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