June 30, 2018

Which law firms lie on their Vault self-reports? Here is a way to find out

       The career advice website Vault published another set of "best firms to work for" and "best firms for diversity" rankings. In total, there are twenty-four rankings, e.g. there is a ranking for hours, for training, for compensation, for culture, and so on. For each ranking, Vault asks lawyers to grade their own firm. It then uses these grades to rank the firms. For example, if Firm A receives an average grade of 10.0 from its attorneys, and Firm B receives an average grade of 8.5 from its attorneys, Firm A will be ranked higher than Firm B. Thus a firm can attain a high ranking by pressuring its attorneys to lie, and give it undeservedly high scores.

       For example, take one of the rankings -- the "best firm for hours" ranking. O'Melveny is known for its "unpredictab[le]" and "long hours." Despite this, O'Melveny's attorneys rated it so highly on hours that it's ranked as the #1 firm for hours. Or look at the "best firm for diversity" ranking. O'Melveny is a white-privileged firm. Yet its attorneys rated it so highly on diversity that it's ranked as the #2 firm for diversity. In fact, O'Melveny's attorneys rated it so highly that it ranked #1, #2 or #3 in almost all twenty-four of these self-reported rankings. Due to this consistency, I wonder if any of its attorneys gave it the highest score on each question, without bothering to read it. 

       Why would they do that? I recall how O'Melveny's partners pushed them with voice-mails, emails and meetings -- similar to a tactic reportedly used to get Trump University a 98% approval rating. Maybe it was that. Maybe they're scared because they work for an organization that retaliates if they complain. Maybe they sincerely feel that O'Melveny is the #1 firm in all areas. Maybe it's something else. I don't know, but these rankings aren't useful, because Vault's method rewards dishonesty. 

       So let's reward honesty. By comparing what firms say about themselves to the truth, you can grade a firm's candor. You can then use those grades to rank firms according to their honesty. 

       For example, take Vault's "best firm for hours" ranking. You can get data on the number of hours worked at each firm. With that data, you can correctly rank firms according to hours. For example, if Firm X's associates work 2,042 hours per year on average, while Firm Y's associates work 1,830 hours per year, then Firm Y would rank higher, because it's a better firm for hours. 

       Now that you have the correct hours ranking, you can compare it to Vault's self-rated hours ranking. For example, say a firm rated itself so highly that it ranked #1 in Vault's ranking, but it only ranked #91 in the correct ranking (because its attorneys work more than those at 90 other firms). You can conclude that this firm is not as honest, as a firm that rated itself accurately. You can even give it an honesty grade, of negative 90 (its #1 position in Vault's ranking, minus its #91 position in the correct ranking). You can repeat this until every firm has an honesty grade and, finally, you can rank the firms according to that grade. This would give you an honesty ranking.

       You can do the same thing with Vault's "best firm for compensation" ranking, because compensation can also be objectively measured and ranked. Unfortunately, I can't do these calculations because I don't have data on each firm's hours and discretionary compensation.

       Looking at publicly available data . . . how about comparing American Lawyer's diversity ranking (which is based on something objective, the percentage of minority attorneys at each firm) with Vault's diversity ranking (which is based solely on a firm's rating of its own diversity). That's the chart below. Please note it only contains the twenty-five firms that rated themselves diverse enough to make Vault's diversity ranking. So, for example, it excludes seven of American Lawyer's ten most diverse firms.


       Or consider Vault's "100 most prestigious firms" ranking. This is Vault's most widely read ranking, and there's something interesting about it. For this ranking, Vault doesn't let lawyers grade their own firm; a firm's grade comes from attorneys outside of the firm. So it's probably free of manipulation. A firm can pressure its employees to lie for it, but it can't control others. How about comparing this prestige ranking to Vault's "best firms to work for" ranking (where a firm's grade comes solely from its own attorneys)? Sure, these two rankings do not measure the same thing. The former ranks prestige, and the latter ranks the best firms to work for. But there may be some overlap between these two concepts. That's the chart below. Please note it only contains the twenty-five firms that rated themselves high enough to make the "best firms to work for" ranking. So, for example, it excludes the four most esteemed firms in the world. (Apparently, Vault advises lawyers to avoid those firms. Instead, they should work at a firm that manipulates a process to anoint itself. Thanks Vault.)

       Or perhaps I just don't have the data to do this ranking. Regardless, a more incontrovertible point is that Vault's self-reported rankings are manipulable. If Vault wants to keep publishing them, there are a number of ways it can correct for manipulation. One would be a control question and an honesty score, which readers could use to adjust the results. As noted above, the questions on hours or compensation could be control questions. Or, instead of using self-reports, it could use objective data like American Lawyer does with its diversity ranking. Whatever the solution, Vault, please fix this to avoid misleading people into poor decisions.



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June 7, 2018

Another threatening letter from O'Melveny

       After hearing about the USC matter, I corresponded and spoke with a reporter to do what little I could to warn USC sexual abuse victims about O'Melveny's purported impartial investigations. This led to another threatening letter from O'Melveny.

       As with their threatening letter of last April -- I reminded them that truth is an absolute defense, and asked them to identify specific false statements instead of making blanket accusations [Addendum: I also followed up two weeks later, and reminded them that I would remove and retract any defamatory statement.1] However, I refused to stop warning people, and rejected their vicious offer of an "agreement to cease and desist . . . to avoid . . . incurring liability." I told them that if they introduce themselves as litigators who will do whatever they can to defend their client against discrimination or sexual abuse victims, there would be nothing to add. But I feel a need to say something when O'Melveny presents itself as impartial because, based on its past, it may not act objectively in such investigations. One of the biggest reasons I made this blog was to warn victims whose complaints are investigated by O'Melveny.

       But if readers are wondering why this blog doesn't have more nasty details, this is why. I want to protect others with sunlight, but I don't want to get sued with only "he said, she said" evidence in my hands. As it turns out, there are enough news reports of O'Melveny's nasty misdeeds to give you a window without me having to take such risks.

       [Addendum: O'Melveny boasted about the money they received from USC, for the aforementioned investigation of USC's alleged wrongdoing. In addition, the investigation has been criticized because it is not going as promised.]

       [Second addendum: In 2022, Rick Caruso ran for mayor of Los Angeles. Mr. Caruso was Chair of the USC Board of Trustees when the college hired O'Melveny to investigate the school's sexual abuse scandal. During that campaign, he was repeatedly grilled over his failure to keep his promise regarding O'Melveny's investigation. (Links onetwo, and three.) It may have contributed to his narrow loss in that race.]
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1 I also researched the issue. For example, I was a little concerned about my statement that one of their attorneys was "vicious and callous." But I quickly found cases stating that this is not defamatory as a matter of law in California. Page v. Los Angeles Times, No. B162176, 2004 WL 847527, at *9 (Cal. Ct. App. Apr. 21, 2004) (“Furthermore, even if the statement did imply Page was ‘irresponsible and callous’ such an implication would be constitutionally protected opinion because such epithets are not provably false.”) (citing to Milkovich v. Lorain Journal Co., 497 U.S. 1, 19 (U.S. 1990); Mitchell v. Random House, Inc., 865 F.2d 664, 670 (5th Cir.1989) (inference plaintiff was “callous” is nondefamatory opinion; James v. San Jose Mercury News, Inc., 17 Cal.App.4th 1, 14, 20 (accusation lawyer engaged in “sleazy tactics” not defamatory) (Cal.App.4th 1993);  Cochran v. NYP Holdings, Inc., 210 F.3d 1036, 1038 (9th Cir.2000) (accusation lawyer will lie to win a case nondefamatory opinion.))

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June 1, 2018

More whitewashing

       After being sued by a flood of victims over sexual abuse that it allegedly concealed for decades, and after a police investigation -- the University of Southern California is starting damage control by using its long-time attorney O'Melveny to conduct an "independent investigation." Given O'Melveny's past in sexual abuse matters, I believe they will act as USC's advocate and do whatever they can do minimize USC's liability.

       And by the way, USC has a unique history of using legal tricks against victims. Not only does it force employees to sign a document that takes away their right to sue in court if they're sexual harassed or discriminated against -- it's trying to create new case law to eliminate employees' right to take ERISA claims to court. It's one of few universities to use such tactics, as universities usually have higher standards.

       [Addendum: Someone accused me of soliciting clients with this post. I'm not and I don't work in this area. But there are hundreds of other attorneys who help sexual abuse victims (and be sure USC won't use these victim advocates to "investigate.") I wrote this post after being up for four hours, pondering how one introduces vicious defense attorneys as "independent" investigators.]

       [Second Addendum: USC employees can still take their ERISA claims to court, because USC's attempt to eliminate that right was rejected by all California federal courts, as well as the United States Supreme Court.] 

       [Third addendum: O'Melveny boasted about the money they received from USC for the aforementioned investigation. In addition, the investigation has been criticized because it is not going as promised.]

       [Fourth addendum: In 2022, Rick Caruso ran for mayor of Los Angeles. Mr. Caruso was Chair of the USC Board of Trustees when the college hired O'Melveny to investigate the school's sexual abuse scandal. During that campaign, he was repeatedly grilled over his failure to keep his promise regarding O'Melveny's investigation. (Links onetwo, and three.) It may have contributed to his narrow loss in that race.]
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Rick Caruso USC