Judicial Notice (12.18.21): How Rude!
An obnoxious email sent to a Biglaw associate goes viral, boutiques pay bountiful bonuses, and other legal news from the week that was.
Welcome to Original Jurisdiction, the latest legal publication by me, David Lat. You can learn more about Original Jurisdiction by reading its About page, you can reach me by email at davidlat@substack.com, and you can sign up for a paid subscription by clicking on the button below.
I hope this latest installment of Judicial Notice finds you well—or as well as can be expected under the circumstances. It’s sad to see Covid-19 cases and deaths on the rise again, as the Omicron variant spreads—just in time for the holidays.
This week has been quiet for me. I showed up in two news articles, one in Newsweek (about Dominion/Fox News litigation) and one in Bloomberg Law (about Colin Levy, a thought leader in legal innovation and technology). I didn’t have any speaking engagements, but one panel that I previously appeared on, focused on the current Term of the Supreme Court, is now on YouTube for your viewing pleasure. Thanks to Ben Feuer and the California Appellate Law Group for hosting, and thanks to my fellow panelists—Dean Erwin Chemerinsky of Berkeley Law, Sarah Harris of Williams & Connolly, and Professor Fred Smith Jr. of Emory Law—for such an interesting discussion.
Speaking of the holidays, I have a quick programming note. Last year, I published installments of Judicial Notice on Christmas Day and New Year’s Day, but this year, I might adopt a reduced publication schedule between now and January 1.
Now, on to the news.
Lawyer of the Week: Cecillia “Cece” Xie.
I’m surprised by how well lawyers do on TikTok, given the platform’s emphasis on dance—not a strong suit for attorneys. I previously mentioned Joanne Lee Molinaro aka “The Korean Vegan,” and as the latest Lawyer of the Week, I’m recognizing another TikTok star: Cecillia Xie, a Yale and Harvard Law graduate who’s currently a data-privacy associate in the New York office of Morrison & Foerster.
Since 2020, Xie has amassed almost 400,000 followers on TikTok. And as reported by Victoria Hudgins of Law.com, Xie just went viral—or more viral, since she was already a viral-video sensation—after sharing some rather rude correspondence she received from a total stranger seeking law school advice.
Xie tells the story well in this short TikTok video (and you can also read about it in the New York Post). A random fan, currently a college undergraduate, emailed her asking for a phone call to discuss law school applications. Xie sent a perfectly polite form response, explaining that while she doesn’t have time for one-on-one conversations with everyone who contacts her, he should check out the FAQs section of her website—and if he has a question that’s not addressed there, he should submit it to her, and she might answer it publicly (for his benefit and the benefit of all her followers).
Cece Xie’s correspondent—whom she refers to as “Benjamin,” mercifully keeping him anonymous—responded as follows:
I have an extremely hard time believing your ‘following’ is that abundant. You have plenty of time for a 10-minute call. It costs you nothing, makes you nothing. But it makes sense: You are still young and had to fight hard for the position(s) you occupy currently. You will become more charitable and altruistic as you age and gain material success. Just remember, there is always time. Go tell Jeff Bezos (or even your senior partner for that matter) that you don’t have time. Lastly, 9/10 of the dolts hitting you up are just time-sucking tire kickers that have no potential. Thanks for your microaggressive civility.
Benjamin sent this email from a work account, with his employer’s name listed below his message. Xie considered notifying his supervisors about his obnoxious correspondence—but in the end, she just turned it into a teachable moment for her TikTok about effective networking, which struck me as a sensible response.
I can relate to Xie’s situation, since I also receive many requests from strangers for advice, phone calls, meetings, coverage, social-media shoutouts, and the like. I try my best to respond to (and accommodate) as many as I can, but like Xie, I can’t reply to all—so I apologize if you reached out to me and I never got back to you. (I do respond to every request for advice or a call from founding members of Original Jurisdiction, since I see that as a contractual obligation; if you’d like to sign up as a Founding Member, you can do so here, and if you’ve already signed up but haven’t scheduled time with me yet, just email me, subject line “Founding Member Request,” to set up our call.)
Runners-up for Lawyer of the Week:
Andrew Tutt. A senior associate at Arnold & Porter in D.C., Tutt just succeeded in getting the Supreme Court to grant certiorari in one of his cases—a case where he, not a partner, is the lead lawyer and counsel of record.
Brendan McGuire. A former federal prosecutor who’s now a partner at WilmerHale, McGuire was just selected by incoming New York City Mayor Eric Adams as his chief counsel, an important and influential position.
Kim Kardashian. She’s not yet a lawyer, but an aspiring lawyer—and she just passed California’s “baby bar exam,” putting her one step closer to a legal career.
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