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Monday, April 16, 2007

The deputy debate

As a special extra to our blog readers, Minnesota Lawyer is once again making this week's editor's column available in its entirety.

A management primer: Who moved the U.S. Attorney’s cheese?

By Mark A. Cohen
Minnesota Lawyer, April 16, 2007

Unlike the silly tempest in a teapot some made of Rachel Paulose’s $225 investiture ceremony, the decision of the U.S. attorney’s top deputies to step down from their leadership posts cannot be laughed off.

It is a serious business indeed when three highly regarded career prosecutors take a risky step like that. And when such a radical move accompanies reports that the U.S. attorney’s management style is “abrasive” and “disrespectful,” we must be doubly concerned.

My, how things change in just a few short months. When Paulose became the nation’s youngest U.S. attorney at the age of 33, she was lionized in the media. Her confirmation in the U.S. Senate had been unanimous. The child of an immigrant family, she was on top of the world. But now she finds herself fighting to keep her job and to prevent her previously spotless reputation from being torn to shreds.

Welcome to public life, Ms. Paulose. And as bad as things have gotten, they have the potential to get worse.

A number of media sources have tried, though so far unsuccessfully, to link the current controversy in the Minnesota U.S. Attorney’s Office with the national debate over U.S. Attorney General Alberto Gonzales’ role in firing eight U.S. attorneys in other jurisdictions.


Paulose’s predecessor, Thomas Heffelfinger, left public life 14 months ago for a job in the private sector. He has repeatedly said that his decision was personal and that he was under no pressure to resign. But the unknown in the mix is whether Heffelfinger was on a “hit” list of U.S. attorneys slated for removal and would have been squeezed out had he stayed. If his name was on the list, and the document becomes public, Paulose is likely to again find herself in a firestorm of controversy.


It would, of course, be a shame if Heffelfinger’s name is there, given that Heffelfinger is a dedicated public servant who ran the office for two presidents. But the people who added the name to the list would be the ones properly answerable for that, not Paulose.

By all accounts Paulose is intelligent, talented, hardworking and highly driven. As far as I can tell, there are really only two potential areas of inquiry left in determining whether she can be a good U.S. attorney — her independence and ability to manage.

Minnesotans have a right to expect their U.S. attorney will exercise her independent judgment in running the local U.S. Attorney’s Office. If the job were merely to be an instrument of the attorney general, there would be no need for U.S. Senate confirmation. By the same token, Paulose has a responsibility not to use her office for purely political ends. In the absence of any evidence to the contrary, I think that Paulose is entitled to the benefit of the doubt on these issues.

More troublesome at the moment is the question of Paulose’s managerial abilities. Given her youth and status as a relative outsider when she became acting head of the office last year, it was to be expected that some of the nearly 50 experienced, talented and mostly older attorneys who work there would be unhappy having her as a boss. However, the action by the deputies goes well beyond the typical grumbling. It would be doing the three distinguished deputies a disservice to imply that they would do what they did out of petty jealousies or mere office politics. I credit the reports that they had major differences with Paulose over her management style.

Paulose’s resumé is highly impressive. It demonstrates that she is a Type A super achiever with enough energy to power a small city. However, the one thing missing from her otherwise stellar background is significant management experience.

For someone used to relying on his or her own skills and hard work to achieve success, having to rely on the work of others, as is the case in management, can come as quite a shock. There is a real temptation to micromanage rather than trust your people to do what they do best. And when your subordinates are of a high level of ability, they are likely to feel patronized and degraded when you micromanage them.

Do I know for sure this is what happened in Paulose’s case? Certainly not. I am actually speaking from my own experience. When I became editor of this paper, I was a 32-year-old with limited prior supervisory experience. I probably committed every management mistake in the book during that first year. Fortunately, unlike Paulose, I was not operating in a fishbowl. After a lot of trial and error, I eventually found a management style that worked for me and survived the experience. In fact, I wound up becoming so interested in the topic that I began taking management classes and eventually obtained my MBA.

I have already noticed some encouraging changes in Paulose’s management approach. I read an Associated Press report that said Paulose early last week called a general meeting of her staff, acknowledged that she had made some mistakes and apologized. These actions are all positive steps.

So were do we go from here?

To borrow a reference from Scripture, as Paulose is reportedly apt to do, I do not agree with those calling for her head on a platter. However, to whom much is given, much is required. Paulose has been given an extraordinary opportunity at a relatively young age, so our expectations are correspondingly high. Hopefully, our faith will be justified.

Mark A. Cohen is the editor-in-chief of Minnesota Lawyer. He can be reached at (612) 584-1531 or by e-mail at mark.cohen@minnlawyer.com.

Sunday, April 15, 2007

Strib interviews Paulose

The Star Tribune has an interesting interview with U.S. Attorney Rachel Paulose today, "Paulose says 'conspiracy theories' on her fast rise to top are off base." I don't want to get too much of the substance of the interview, since a column I wrote on some of these issues will be out on Monday. I would encourage you to read the Strib piece, and follow it up tomorrow by reading my column (which I wrote prior to this interview coming out).

Saturday, April 14, 2007

Federalist Thoughts


More happenings on the U.S. attorney front, with the revelation that the Department of Justice maintained spreadsheets containing the names of U.S. attorneys (and U.S. attorney candidates) with a special check-off area noting if they were members of the Federalist Society. Minnesota's new U.S. attorney, Rachel Paulose, had a check next to her name.

The Federalist Society -- a group for conservative lawyers -- has gotten a lot of bad P.R. lately. I saw one press article refer to it as a "secretive" society. I can only speak to my experience with the Minnesota chapter, but these folks seem to be a generally astute set of lawyers and law students who just happen to be conservative in philosophy. I hear -- though cannot confirm -- that some of these folks have actually gone on to live productive lives.

That said, Sen. Amy Klobuchar touched on my major concern, which is that the importance of membership may have been overemphasized. It certainly is not a qualification for being a U.S. attorney -- only an indicator of a conservative outlook. It would be ridiculous to make it a litmus test for service as a U.S. attorney, just as it would be ridiculous for a Democratic administration to make membership in the ACLU a litmus test.

NYC lawyer jumps off Empire State Building

Here's a sad item reported by the Associated Press:

A man jumped to his death Friday out the window of a 69th-floor law office in the Empire State Building.
Police responded to the New York City landmark shortly before 3 p.m. after a 911 caller reported seeing a severed leg -- covered in a gray sock -- on the street below. The rest of the body was recovered from a setback on the 30th floor.
The tragedy in the 102-story building closed portions of the busy Midtown Manhattan street while the investigation continued.
Police identified the man as Moshe Kanovsky, a lawyer in his 30s.
More than 30 people have committed suicide at the Empire State Building since it opened in 1931. The skyscraper reaches 1,454 feet to the top of its lightning rod. ...

I attempted a Google search of the lawyer's name to add a little about him to this report, but all I came up with was that he was on a list of candidates who passed the February 2003 NY bar. It wound up being an ironic juxtaposition -- the joyous occasion of passing the bar and the tragedy of his death are the only remaining vestiges of him left on the Internet.

In Minnesota, we are fortunate to have Lawyers Concerned for Lawyers to aid lawyers who are grappling with depression and other issues.

Friday, April 13, 2007

Women In Islam


Minneapolis Legal Aid attorney Imani Jaafar-Mohammad spoke at the Women’s Human Rights Series at Briggs and Morgan in Minneapolis on Tuesday, April 10, on “Women’s Rights in Islam."


The standing-room only event is scheduled to be repeated on Monday, April 23. The William Mitchell College of Law graduate told the group that it is important to differentiate between religion and culture, and that the religion of Islam recognizes gender equity while preserving gender identity.


Many of the conflicts in the world today are not compelled by Islamic religion or the Quran, she said. Jaafar-Mohammad advocated a return to traditional Islamic practices as a solution to ideological conflict.


Pictured with Jaafar-Mohammad (center) are Briggs and Morgan attorney Jeffrey Keyes and Cheryl Thomas of Minnesota Advocates for Human Rights.

Judge Randall bares his mind


Court of Appeals Judge R.A. “Jim” Randall vented his frustration with the Minneapolis Police Department in a 16-page dissent in a case released earlier this week, State v. Thoreson.

The defendant had been convicted of misdemeanor prostitution after a Hennepin County District Court judge refused to dismiss the case on the ground that police misconduct violated the defendant’s due process rights. The Court of Appeals affirmed.

Randall disapproved of the police officer’s investigative techniques, which included inducing the woman to disrobe completely in the front seat of his unmarked squad car.

Randall thought the woman didn’t commit a crime by taking her clothes off without accepting money for sex. He called the police conduct “somewhat egregious.” Arrest her, if you must, but do not “make sport” with her, said the judge.

Randall is no stranger to a well-turned phrase as the following excerpt from his dissent illustrates:

“Respondent argues that asking a strange woman to take off all her clothes and go naked in front of a strange man is a ‘legitimate’ police tactic. Respondent argues this is so because ‘good girls won’t do that but bad girls will.’ Looking back, at my age, perhaps I did miss part of the 1950s, 1960s, and 1970s. Maybe there never was a senior prom where, after the midnight close of the official school gym dance, the party continued until the wee hours of the morning at some neighboring park by a lake where drinking and swimming, bathing suits optional, were varsity sports du jour. Maybe nobody was ever 19, went to college, went to fraternity and sorority parties, and in a large group both male and coed, ceremoniously ‘mooned’ their school’s arch rival football team as it drove into the parking lot or, for that matter, tried to moon their arch rival’s entire student body until the college president sent security in. Funny how the memory is affected. Funny how life imitates art.”

Hmm ... It’s good to get the naked truth from a judge.

When media are in need of mediators

With the two major general circulation dailies in the Twin Cities locked in a lawsuit with each other, whom can we count on to objectively cover it? Ever since Par Ridder and a merry band of his followers defected from the Pioneer Press to the Star Tribune, this story has been mushrooming. Then the inevitable lawsuit was filed yesterday. Check out:
-- Pioneer Press sues Star Tribune, seeks ouster of publisher in the Pioneer Press (and the much more charged Pioneer Press accuses ex-publisher of fraud, theft published today); also
-- Star Tribune sued over publisher in the Strib for the defendant's point of view.

I love the way each of the papers started its headline with its own name. I will go out on a limb and say the Strib/ Pioneer Press legal match up will get a lot of ink.

Meanwhile, Par's laptop continues to be a major player in the controversy, with the Pioneer Press claiming that he copied all the files on it before tuning it over. Personally, I think the laptop contains all those missing e-mails about the U.S. attorney firings that the administration maintains were irretrievably deleted -- along with detailed schematics of the UFO kept in Area 51 and the truth behind the Kennedy assassination. Why else would they be fighting so vehemently about whether the information on it was misappropriated?

Thursday, April 12, 2007

Marshal Law (Suits)

USA Today has a piece today advocating for allowing soldiers to sue for noncombat related injuries that are the result of negligence. ("What our soldiers really need: Lawyers")

"If members of Congress truly want the best for our troops, they should start by giving them the same legal protections that the members themselves enjoy. No one is asking for Congress to treat our soldiers as high-value VIPs, but simply full-valued citizens with the same protections as the people they are defending around the world." writes George Washington University Professor Jonathan Turley.

I think it is an interesting proposition. I suppose opponents of the proposal would argue that negligence lawsuits would be disruptive to the military chain of command. However, Turley makes a good case that absolving military personnel of negligence liability for their acts has some undesirable consequences.

High Court affirms murder conviction

The Minnesota Supreme Court just upheld the premeditated murder conviction of a man involved in a shooting death.

The high court found that, even though there was no evidence of motive, evidence that the defendant was armed, walked purposefully to where the victim was standing shot the victim in the head at close range and immediately fled the scene was sufficient to sustain the guilty finding.

The decision is State v. McArthur.

From the classroom to the courtroom

There is an interesting piece in the Pioneer Press about a lawsuit over religion in public schools. It seems like these religious suits have really proliferated in recent years. I wonder if that means as a society we are getting more religious or less. Perhaps it just means that we are getting more litigious. In any event, here is a snippet of the article for your perusal:


St. Paul schools in fight over free speech

By Shannon Prather
Pioneer Press/ April 11, 2007

Boys Scouts troops and Little League teams try to boost their ranks by handing out fliers in St. Paul public schools. Church youth groups want in on the action.

The Greater St. Paul Area Evangelicals sued St. Paul Public Schools this week, contending a district rule barring religious fliers violates First Amendment free speech rights.

The district acknowledges it bans materials of a sectarian nature. But administrators' main concern is the church group's flier asks parents to take their children out of class each week, a school district attorney said.

The lawsuit is among the latest controversies over free speech in public schools.

Click here for more.

Wednesday, April 11, 2007

Law is (sometimes) having to say you're sorry

The Associated Press had an interesting follow-up piece on the controversy surrounding the decision of three of U.S. Attorney Rachel Paulose's deputies to step down from their leadership posts.

Paulose apologizes to staff in wake of resignations

By Frederic Frommer
Associated Press/ April 10, 2007

The U.S. attorney for Minnesota, Rachel Paulose, apologized to her staff this week for "her mistakes" in the wake of the self-demotions of three of the top prosecutors in her office, her spokeswoman said Tuesday.

Also Tuesday, Sen. Norm Coleman, who championed Paulose's nomination last year, told her he was "deeply disappointed" to learn of the resignations, and Rep. Keith Ellison called on Congress to look into the matter.

Paulose's spokeswoman, Jeanne Cooney, said Paulose met with her assistant U.S. attorneys on Monday and had an all-office meeting Tuesday.

"At both of those meetings, the U.S. attorney took responsibility and apologized for her mistakes," Cooney said in a telephone interview Tuesday night. "She also said something to the effect that she pledged to do better as we move forward. She asked employees to remain focused on our mission and our service."

For the full article, click here.



R.I.P. Rider

It's sad to see Rider Bennett go the way of Popham Haik, which dissolved in 1997. There is an interesting piece on the Popham Haik implosion that I found with a Google search. The article -- which ran in the Business Journal on June 27, 1997, is entitled: Dissolved firm teaches start ups. The piece delves into the lessons learned from the breakup by the many spin-off firms from the dying oak that was Popham.

With the demise of a quality firm like Rider Bennett, one wonders what future mid-sized general practice law firms have in the scheme of things. Was this unavoidable? What will the lessons learned of the inevitable Rider Bennett spin-offs be? Hopefully the Rider Bennett partners won't get involved in the kind of acrimony that accompanied the dissolution of Doherty Rumble & Butler a few years ago.

In any event, I would like to send out my regards into the blogosphere for the latest mid-sized firm to bite the dust. Whether it is law-firm Darwinism that killed it or something else, it will be missed in the legal community. R&B had a sterling reputation and its untimely demise is unfortunate on many levels.

Good luck to all its lawyers and support staff in securing a new gig. And if you do start a spin-off, make sure to get Minnesota Lawyer subscriptions for all your lawyers! You can click here to subscribe. ;0)