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Larry C. Russ On yodelers, young lawyers, and the benefits of a smaller firm [by Teresa Talerico] A complex business litigator, Larry C. Russ has handled his share of interesting and downright fun clients. Take the Yahoo Yodeler. In 2002, Russ represented Wylie Gustafson, a country music performer who in 1996 recorded the now famous yodel for the Internet company. Gustafson had received $590 for what he understood to be a one-time use of his yodel for a commercial. But the recording went on to be used in countless Yahoo ad campaigns and became Yahoo’s signature refrain. Russ filed a copyright infringement suit against Yahoo and launched a media blitz, which led to what he called a “satisfactory” settlement. “Within 48 hours after the lawsuit was filed,
Q: So did you get Wylie Gustafson to yodel for
The case is won and lost on the papers most
the case was settled,” he said. “It was actu-
you?
of the time. Federal judges don’t provide
ally a lot of fun as well as rewarding.”
A: (Laughs.) Well, one of the interesting
a lot of time for oral argument these days.
things we had to have him do before we
Ninety-nine percent of the time, they’ve made
A 1978 graduate of the University of Cali-
settled the case was he had to commit to
a decision before they’ve even reached the
fornia Hastings College of the Law, Russ is
doing a two-minute yodel so we could submit
bench. So the written paperwork is what it’s
the founder and managing partner of Russ,
it to the copyright office and get a copyright
all about. Organizing that paperwork in a
August & Kabat in Los Angeles.
on his yodel.
cohesive, persuasive whole is an incredibly
Q: What should law students do while still in
Q: It seems like the types of cases you han-
in law school to teaching young lawyers how
school to prepare for their careers?
dle—things like the Internet and video game
to put together a persuasive group of docu-
companies—would involve treading some new
ments.
complicated task. Not enough time is devoted
A: I picked an area I really liked, and I tried
ground in law.
to get a job in a law firm that emphasized
Q: What are some common stumbling blocks
that area. So I had some real hands-on
A: As you can see from reading the paper,
experience as a law clerk while I was going
almost every day, the entire area of copyright
to school. That helped me in two ways. One,
is in flux right now. There’s a real challenge
A: Law students could use more practice
it helped get me through the boring periods
to figure out whose rights should really be
learning how to take a deposition, prepare for
of law school that happen in the second and
preferred—the manufacturer’s music, the
a deposition, how to prepare for a hearing.
third year. The second thing is that by the
consumers who want to be able to share
Taking a deposition, for example, is a skill
time I graduated from law school, I was pretty
music content, the manufacturers of the
that sometimes can change a case. These are
well known in the area I wanted to practice in.
electronic devices.
skills that require a lot of practice. Unfortu-
Q: What do you look for when hiring?
All of these interests are competing in our
goes to a large law firm, they’re not even
for new lawyers?
nately, in today’s world, when a young lawyer society, and we’re trying to fit the advances
starting the process of taking depositions
A: I look for good communications skills,
nicely and neatly within a framework of laws
until they’ve been out four or five years. In
excellent writing skills, and a certain style
that were passed over a hundred years ago.
a small firm, a young lawyer may be forced
and personality that tells me this person
And the advances in technology are evolving
into taking many depositions when they have
has some ambition and wants to accomplish
faster than the law is. So we’re trying to play
no idea how to take them and the small firm
something with their lives. And it’s not just
catch-up.
doesn’t have the time to train them. Law
about making the most money. It’s somebody
schools could really do a great service by
that I have some confidence in the ability to
Q: What’s something they don’t teach in law
develop relationships. Developing relation-
school but should?
ships is all about success, whether it’s
Q: Who inspired you to go into law?
attracting clients or convincing a jury that the
A: Law schools need to focus a lot more on
story you’re telling is right.
persuasive writing, not just legal research.
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providing more practice for them.
A: I went to [University of California] Berkeley
continued on back
CAREER CORNER
as an undergrad. At that point, law was very much in the forefront. There were a lot of people in the free speech movement that were very inspirational. Thurgood Marshall, to me, is one of the critical contributors in our century in terms of changing the way the Supreme Court looked at education in this country. Q: Any other advice for students and grads? A: I would avoid going to the largest, most prestigious law firm in favor of the mediumsized or even smaller firm. The larger the firm, the more prestigious, you don’t get the professional experience that you dream about when you’re going to law school. Basically, you’re in a back room writing papers and doing mundane tasks that you never thought you’d have to do. One of the biggest problems we’ve seen as a smaller firm is lawyers that have practiced all their lives at large firms and have been paid very, very well. But 15 years into their practice, they don’t have any client relationships. If something happens to their law firm and they have to seek a new job, they have nothing to offer a smaller firm. That is an extremely dangerous thing to happen to an experienced lawyer.
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