September 25, 2018

Archives for January 25, 2018

Brave New (Jobs) World

“The American work environment is rapidly changing.
For better or worse, the days of the conventional full-time job may be numbered.”

The above quote is from a December 5, 2016 Quartz article that reported the findings of economists Lawrence Katz (Harvard) and Alan Krueger (Princeton, former chairman of the White House Council of Economic Advisers) that 94% of all US jobs created between 2005 to 2015 were temporary, “alternative work” — with the biggest increases coming from freelancers, independent contractors, and contract employees (who work at a business but are paid by an outside firm).

These findings are consistent with what we looked at last time: how neoliberal economics has eroded institutional support for the conventional notion of working for a living, resulting in a more individuated approach to the job market. Aeon Magazine recently offered an essay on this topic: The Quitting Economy: When employees are treated as short-term assets, they reinvent themselves as marketable goods, always ready to quit. Here are some samples:

In the early 1990s, career advice in the United States changed. A new social philosophy, neoliberalism, was transforming society, including the nature of employment, and career counsellors and business writers had to respond. (Emphasis added.)

US economic intellectuals raced to implement the ultra-individualist ideals of Friedrich Hayek, Milton Friedman and other members of the Mont Pelerin Society…In doing so… they developed a metaphor — that every person should think of herself as a business, the CEO of Me, Inc. The metaphor took off, and has had profound implications for how workplaces are run, how people understand their jobs, and how they plan careers, which increasingly revolve around quitting.

The CEO of Me, Inc. is a job-quitter for a good reason — the business world has come to agree with Hayek that market value is the best measure of value. As a consequence, a career means a string of jobs at different companies. So workers respond in kind, thinking about how to shape their career in a world where you can expect so little from employers. In a society where market rules rule, the only way for an employee to know her value is to look for another job and, if she finds one, usually to quit.

I.e., tooting your own résumé horn is no longer not so much about who you worked for, but what you did while you were there. And once you’re finished, don’t get comfortable, get moving. (This recent Time/Money article offers help for creating your new mobility résumé.)

A couple years ago I blogged here about a new form of law firm entirely staffed by contract attorneys. A quick Google search revealed that the trend toward lawyer “alternative” staffing has been gaining momentum. For example:

This May 26, 2017 Above the Law article reported a robust market for more conventional associate openings and lateral partner hires, but included this caveat:

The one trend that we see continue to stick is the importance of the personal brand over the law firm brand, and that means that every attorney should really focus on how they differentiate themselves from the pack, regardless of where they hang their shingle.

Upwork offers “Freelance Lawyer Jobs.” “Looking to hire faster and more affordably?” their website asks. “ Tackle your next Contract Law project with Upwork – the top freelancing website.”

Flexwork offers “Flexible & Telecommuting Attorney Jobs.”

Indeed posts “Remote Contract Attorney Jobs.”

And on it goes. Whether you’re hiring or looking to be hired, you do well to be schooled in the Brave New World of “alternative” jobs. For a further introduction, check out these articles on the “Gig Economy” from Investopedia and McKinsey. For more depth, see:

The Shift: The Future of Work is Already Here (2011), by Lynda Gratton, Professor of Management Practice at London Business School, where she directs the program “Human Resource Strategy in Transforming Companies.”

Down and Out in the New Economy: How People Find (or Don’t Find) Work Today (2017), by University of Indiana Anthropology Professor LLana Gershon — the author of the Aeon article quoted above.

Next time, we’ll begin looking at three major non-human players in the new job marketplace: artificial intelligence, big data, and robotics. They’re big, they’re bad, and they’re already elbowing their way into jobs long considered “safe.”

 

Kevin Rhodes left a successful long-term law practice to scratch a creative itch and lived to tell about it… barely. Since then, he has been on a mission to bring professional excellence and personal wellbeing to the people who learn, teach, and practice the law. He has also blogged extensively and written several books about his unique journey to wellness, including how he deals with primary progressive MS through an aggressive regime of exercise, diet, and mental conditioning.

Colorado Supreme Court: Prosecution’s Withholding of Evidence was Brady Violation and Sanctions Warranted

The Colorado Supreme Court issued its opinion in People v. Bueno on Monday, January 22, 2018.

Motion for New Trial—Evidence.

In this case, the Colorado Supreme Court considered two questions. The first is whether a Crim. P. 33(c) motion for a new trial is time-barred because it was filed more than one year after the defendant’s conviction, and thus arguably more than one year after “entry of judgment.” The second is whether the trial court erred in granting a new trial after concluding that the prosecution violated Brady v. Maryland, 373 U.S. 83 (1963), by failing to provide to the defense evidence that the prosecution had obtained at the outset of the investigation until after defendant’s conviction. The court held that “entry of judgment,” for the purposes of Rule 33(c), does not occur until both a verdict or finding of guilt and the imposition of a sentence. The court concluded that, applying Brady’s disclosure requirements, the trial court did not abuse its discretion in granting a motion for a new trial.

Summary provided courtesy of Colorado Lawyer.

Colorado Supreme Court: Actual Person Needs to be At Risk to Satisfy Reckless Manslaughter and Assault Elements

The Colorado Supreme Court issued its opinion in People v. Griego on Monday, January 22, 2018.

Attempted Recklessness—Attempted Reckless Manslaughter—Equal Protection.

In this case, the supreme court considered whether the requirement in the attempted reckless manslaughter and attempted second degree assault statutes that a defendant place “another person” at risk of death or serious bodily injury necessitates that an actual, discernible person be placed at risk, or whether “another person” can refer to the public at large. The court concluded that the statutes at issue require a showing of a risk to an actual, discernible person and that a risk to the public at large is insufficient. Here, because the People presented no evidence that defendant’s actions put any particular person at risk, the court affirmed the court of appeals’ judgment reversing his convictions.

Summary provided courtesy of Colorado Lawyer.

Tenth Circuit: Unpublished Opinions, 1/24/2018

On Wednesday, January 24, 2018, the Tenth Circuit Court of Appeals issued no published opinion and two unpublished opinions.

Johnson v. Whitney

Greene v. Access Services Inc.

Case summaries are not provided for unpublished opinions. However, some published opinions are summarized and provided by Legal Connection.