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Rantings of a Partner / Pushback from the Associate RANTINGS OF A PARTNER / PUSHBACK FROM THE ASSOCIATE Sponsor: Civil Litigation Section CLE Credit: 1.0 Wednesday, May 11, 2016 2:25 p.m. - 3:25 p.m. Cascade Ballroom A Kentucky International Convention Center Louisville, Kentucky A NOTE CONCERNING THE PROGRAM MATERIALS The materials included in this Kentucky Bar Association Continuing Legal Education handbook are intended to provide current and accurate information about the subject matter covered. No representation or warranty is made concerning the application of the legal or other principles discussed by the instructors to any specific fact situation, nor is any prediction made concerning how any particular judge or jury will interpret or apply such principles. The proper interpretation or application of the principles discussed is a matter for the considered judgment of the individual legal practitioner. The faculty and staff of this Kentucky Bar Association CLE program disclaim liability therefore. Attorneys using these materials, or information otherwise conveyed during the program, in dealing with a specific legal matter have a duty to research original and current sources of authority. Printed by: Evolution Creative Solutions 7107 Shona Drive Cincinnati, Ohio 45237 Kentucky Bar Association TABLE OF CONTENTS The Presenters ................................................................................................................. i Introduction ..................................................................................................................... 1 Random Rants from the Editor ........................................................................................ 3 Research and Writing – Associates ................................................................................. 5 Research and Writing – Partners ................................................................................... 11 THE PRESENTERS Chongyang (Tiffany) Ge Frost Brown Todd, LLC 400 West Market Street, 32nd Floor Louisville, Kentucky 40202-3363 (502) 779-8127 [email protected] CHONGYANG (TIFFANY) GE is a business litigation and appellate associate in the Louisville office of Frost Brown Todd LLC and concentrates her practice in the area of complex commercial litigation. She holds two summa cum laude bachelor's degrees from the University of Kentucky and earned her J.D. from The George Washington University Law School. Ms. Ge is admitted to practice before the United States District Courts for the Eastern and Western District of Kentucky and the United States Court of Appeals for the Sixth Circuit. She is a member of the Louisville, Kentucky, and American Bar Associations and served as the Young Lawyer Representative to the ABA Section of Antitrust ADL Committee. Bart L. Greenwald Duncan Galloway Egan Greenwald, PLLC 9750 Ormsby Station Road, Suite 210 Louisville, Kentucky 40223 (502) 614-6974 [email protected] BART L. GREENWALD is a partner and founding member of Duncan Galloway Egan Greenwald, PLLC in Louisville and focuses his practice on counseling local, national and international corporations in actions involving breach of contract, fraud, negligence, the UCC, defamation, and sales disputes as well as complex arbitration and mediation matters. Mr. Greenwald received his B.S. from the University of Maryland, College Park and his J.D. from the Louis D. Brandeis School of Law at the University of Louisville. He is admitted to practice before the United States District Courts for the Eastern and Western Districts of Kentucky and the District of Nevada, and the United States Courts of Appeals for the Sixth and Ninth Circuits. Mr. Greenwald is a member of the Louisville, Kentucky, and American Bar Associations and is a former chair of the KBA's Civil Litigation Section. In addition, he is a member of the American Bar Foundation. Mr. Greenwald is the founder of Project H.E.L.P. Louisville and serves on the Louisville Collegiate School Board of Trustees. In 2015 he was named the Outstanding Volunteer Lawyer by the Legal Aid Society of Louisville. i Demetrius O. Holloway Stites & Harbison, PLLC 400 West Market Street, Suite 1800 Louisville, Kentucky 40202-3352 (502) 681-0490 [email protected] DEMETRIUS O. HOLLOWAY is a member of the Employment Law Service Group in the Louisville office of Stites & Harbison, PLLC and is also an affiliated member of the Business Litigation Service Group and Torts & Insurance Practice Services Group. He received his B.A. from the University of Louisville and his J.D. from the Louis D. Brandeis School of Law at the University of Louisville. Mr. Holloway is admitted to practice before the United States District Courts for the Eastern and Western Districts of Kentucky and the Southern District of Indiana and the United States Court of Appeals for the Sixth Circuit. He is a member of the Louisville, Kentucky, and American Bar Associations and serves on the board of directors of the Louisville Urban League. Benjamin J. Lewis Bingham Greenebaum Doll, LLP 3500 National City Tower 101 South Fifth Street Louisville, Kentucky 40202 (502) 587-3645 [email protected] BENJAMIN J. LEWIS is a Senior Associate in the Louisville office of Bingham Greenebaum Doll and concentrates his practice in the areas of trust and estate disputes and closely held business disputes. He is a graduate of the University of Louisville and received his J.D. from the Salmon P. Chase College of Law. Mr. Lewis is a member of the Young Lawyers Division of the Kentucky Bar Association. In addition, he serves on the board of Restorative Justice Louisville and as a volunteer for Project H.E.L.P. ii Virginia H. Snell Wyatt Tarrant & Combs, LLP 500 West Jefferson Street, Suite 2800 Louisville, Kentucky 40202 (502) 562-7366 [email protected] VIRGINIA H. SNELL is a partner in the Louisville office of Wyatt Tarrant & Combs, LLP and chairs the firm's Appellate Advocacy Practice. She received her B.A., summa cum laude, from the University of Texas and her J.D., with honors, from the University of Texas Law School where she was Order of the Coif and Articles Editor on the Texas Law Review. Ms. Snell is admitted to practice in all Kentucky and Texas (inactive) courts, and before the United States District Courts for the Eastern and Western Districts of Kentucky, United States Court of Federal Claims, United States Court of Appeals for the Fifth and Sixth Circuits and the United States Supreme Court. She is a member of the Louisville, Kentucky, Texas, and American Bar Associations and the Commission on Bar Admission. In addition, Ms. Snell is a Master of The Inn of Court. Thomas M. Williams Stoll Keenon Ogden, PLLC 500 West Jefferson Street, Suite 2000 Louisville, Kentucky 40202 (502) 560-4279 [email protected] THOMAS M. WILLIAMS is a member in the Louisville office of Stoll Keenon Ogden, PLLC. He serves as co-chair of the Arbitration and Mediation practice and is a member of the Labor, Employment & Employee Benefits practice. Mr. Williams received his B.A. from the College of William & Mary and his J.D. from the University of Cincinnati College of Law. He is admitted to practice before all the courts in Kentucky, the United States District Courts for the Eastern and Western Districts of Kentucky and the Southern District of Indiana, United States Court of Appeals for the Sixth and Seventh Circuits, and the United States Supreme Court. Mr. Williams is a past president of the Louisville Bar Association as well as a member of the Kentucky and American Bar Associations. He is a founding board member of Restorative Justice Louisville and a former co-chair of Partnership for a Compassionate Louisville. iii iv INTRODUCTION Bart L. Greenwald Excerpted from Rantings of a Partner . and Pushback from the Associate. Reprinted with permission from the American Bar Association. As you read this book, something in it will click for you. Something in it will make you both a better lawyer and a better person. For me, it was contributor Betsy Hyatt's advice to enjoy my work. If I do, Betsy advises, my associates will enjoy their work also. "If the partner's only focus is the hours billed by an associate," she writes, "that partner probably attracts the associate whose only focus is the salary she can earn." Great words. And there are plenty more like them in these pages. The words that click with you might come from Bill Robinson, 2011–2012 ABA president, who says to "do well by doing good;" or from Portland, Maine, litigator David Soley, who recommends specializing in a field you love; or from El Paso, Texas, associate Mitzi Shannon, who tells us that "Ludicrous is not just a word to describe the position of opposing counsel, but it is also the name of a rapper whose lyrics make some sense even to a partner." Some of the material here is funny. Some of it is eye-opening. Some of it you will find "ludicrous." But all of it can be educational—and can help make you a better lawyer. This project actually began about four years ago when I was co-chair of the ABA Business Torts Committee. We were looking for some fun ideas to beef up our new website and came up with the brainstorm of a monthly column, titled "Rantings of a Partner." The idea took hold quickly and then some associates wanted their say in a companion column called "Pushback from Associates." It turned into a wonderful give- and-take exchange that eventually resulted in this book. To compile the book, I sent out hundreds of e-mails to ABA litigators in the hopes that they would provide some valuable insights—and they did. We received submissions from all across the country espousing themes like enjoy your work, give associates meaningful assignments, teach your associates how to market, and "own" your work. You will not agree with everything in these pages. There were times that I would read an associate's rant and say to myself, "That's just plain stupid. I'm not going to publish that." But then, on the following pages, another associate would voice basically the same complaint. "Must be something to their complaints," I realized.
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